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Latest podcast episodes about article trump

Specifically for Seniors
Episode 97: Funding Cuts, Harmful Policies and Your Visit to National Parks with Alan Spears

Specifically for Seniors

Play Episode Listen Later Apr 21, 2025 42:07


A recent article in the Washington Post described the current administration's attempts to cancel leases for many National Park Service buildings saying that it could save taxpayers millions of dollars. This move came after the firing of about 1000 probationary workers.I wanted to learn more about the National Park Service and how funding cuts will affect visitors this summer, but more than that - about the cultural and historical background of our national parks and the politics affecting them.So I called on Alan Spears to help us out. Alan is currently the Senior Director of Cultural Resources in the Government Affairs department. He serves as the National Parks Conservation Association's resident historian and cultural resources expert. Alan and I talked about his experience when working on a clean-up project that necessitated a helicopter rescue. We discussed the totality of the National Park Service, the number of visitors each year, and how the extent of funding cuts will affect visitors' experience at the parks and the affect it is having on the park workers. We talked about the mission of the National Parks Conservation Association.We discussed the fact that recently there has been an attempt to rewrite and erase part of American history by an executive order to remove content that "disparages Americans". Trump issued an executive order entitled "Restoring truth and sanity to American History". The order directed the Department of the Interior to conduct a review of history monuments, memorials and other properties for "partisan ideology".We briefly touched on the treaty with Tribal lands, mining on public lands, climate change, air quality and what we, as citizens, can do.NPR Interview and Article: Trump wants to restore statues and monuments. Will that happen?https://www.npr.org/2025/03/28/nx-s1-5343613/trump-executive-order-smithsonian-monuments

TK To Go
Listen to This Article - Trump is Trolling the AP

TK To Go

Play Episode Listen Later Feb 23, 2025 3:00


This is a free preview of a paid episode. To hear more, visit www.racket.newsThe once-great AP became journalism's word police, and humorously is now claiming to be a victim of censorshipNarrated by Jared Moore

TK To Go
Listen to This Article - Trump Camp: British Censorship Group to Be "Investigated From All Angles"

TK To Go

Play Episode Listen Later Oct 25, 2024 3:10


This is a free preview of a paid episode. To hear more, visit www.racket.newsBritain's Center for Countering Digital Hate will be at the "top of the list" of Trump investigatory targets, sources say after Disinformation Chronicle/Racket storyNarrated by Jared Moore

The Progressive Christian
Maskholes & Mandates

The Progressive Christian

Play Episode Listen Later Sep 10, 2021 41:59


In this episode, we discuss what the former guy is up to and why he is in the news. We also talk about ‘Maskholes', Covid, and President Biden's new announcement around the new vaccine mandate. A few bad things and a very good thing! Article: Trump's National Faith Advisory Board Follow on Twitter and Instagram @christontheleft Support me on Ko-Fi --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/progressivechristianpod/support

Congressional Dish
CD236: January 6: The Capitol Riot

Congressional Dish

Play Episode Listen Later Jul 26, 2021 130:58


Congress has conducted at least eleven bipartisan hearings to investigate the security failures that permitted a mob of American citizens to riot inside the Capitol Building and successfully disrupt Congress while they certified the 2020 election results on January 6, 2021. In this episode, hear key highlights pulled from over 30 hours of testimony to understand exactly what happened that day. Executive Producer: Forrest Pttman Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes Q: Into the Storm, HBO CD226: Lame Duck Bills H.R.1090 - District of Columbia National Guard Home Rule Act S.964 - Domestic Terrorism Prevention Act of 2021 H.R.4192 - Confronting the Threat of Domestic Terrorism Act S.2043 - Jabara-Heyer NO HATE Act H.R.4187 - Domestic Terrorism Penalties Act of 2019 Section 311 of the USA PATRIOT Act U.S. Department of the Treasury Articles/Documents Article: 587 people have been charged in the Capitol insurrection so far. This searchable table shows them all. by Madison Hall, Skye Gould, Rebecca Harrington, Jacob Shamsian, Azmi Haroun, Taylor Ardrey, and Erin Snodgrass, Insider, July 23, 2021 Article: Tampa man, 20, admits intending to block Congress with Oath Keepers in new Capitol riot guilty plea by The Washington Post, July 20, 2021 Article: Tampa man, 20, admits intending to block Congress with Oath Keepers in new Capitol riot guilty plea by The Washington Post, July 19, 2021 Article: What were the Capitol rioters thinking on Jan. 6? by The Washington Post, July 19, 2021 Article: “You're Gonna Have a Fucking War”: Mark Milley's Fight to Stop Trump from Striking Iran by Susan B. Glasser, The New Yorker, July 15, 2021 Article: To Trump's hard-core supporters, his rallies weren't politics. They were life. by The Washington Post, July 15, 2021 Article: Michael Flynn posts video featuring QAnon slogans By Marshall Cohen, CNN, July 7, 2021 Article: Latest alleged Oath Keeper arrested in Capitol riot turned over body armor and firearm by The Washington Post, July 2, 2021 Article: ‘Zip Tie Guy' and His Mother Plead Not Guilty to New Charges in U.S. Capitol Siege by Aaron Keller, Law & Crime, June 23, 2021 Article: Man charged with bringing molotov cocktails to Capitol on Jan. 6 has Texas militia ties, contacted Ted Cruz's office, court papers allege by The Washington Post, May 24, 2021 Article: Maryland man, indicted for bringing gun to Capitol riot, could face decades in prison by Jordan Fischer, Eric Flack, Stephanie Wilson, WUSA9, May 18, 2021 Article: DC medical examiner confirms causes of death of 4 who died in Jan. 6 Capitol riot By Kelli Dugan, Cox Media Group National Content Desk, 11NEWS, April 7, 2021 Article: The lawyer for the 'QAnon Shaman' wants to use Trump's speech before the insurrection as part of his defense by Jacob Shamsian, Insider, March 1, 2021 Two Members of the Proud Boys Indicted for Conspiracy, Other Charges Related to the Jan. 6 Riots By United States Department of Justice, January 29, 2021 Article: Former Army captain arrested after live-streaming Capitol riot By Kyle Rempfer, AirForceTimes, January 22, 2021 Article: 'Trump said I could': One possible legal defense for accused rioters. By Teri Kanefield and Mark Reichel, The Washington Post, January 11, 2021 Article: Did 5 People Die During Jan. 6 Capitol Riot? by Alex Kasprak, Snopes, January 7, 2021 Article: FBI focuses on whether some Capitol rioters intended to harm lawmakers or take hostages by The Washington Post, January 7, 2021 Article: Trump's supporters think they're being patriotic. And that's the problem. by Christine Adams, The Washington Post, January 7, 2021 Article: Capitol riot: Army vet who tended bar accused by FBI of conspiring in insurrection  by AMSNBS, 2021 Article: All 10 living former defense secretaries: Involving the military in election disputes would cross into dangerous territory by The Washington Post, January 3, 2021 Article: 'I just want to find 11,780 votes': In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor by The Washington Post, January 3, 2021 Article: Capitol riots by The Washington Post, 2021 Article: Another MAGA Rally To Take Place In D.C. On The Day Congress Declares Election Results by Matt Blitz, WAMU 88.5, November 27, 2020 Article: Trump's Election Attack Ends December 14—Whether He Knows It or Not by Lily Hay Newman, Wired, November 27, 2020 Additional Resources U.S.A. v. Mark Grods U.S. District Court for the District of Columbia, June 28, 2021 Defense Timeline for January 6th Examining the U.S. Capitol Attack: A Review of the Security, Planning and Response Failures on January 6 Committee on Homeland Security and Governmental Affairs, Committee on Rules and Administration U.S.A. v. Christopher Alberts U.S. District Court for the District of Columbia, January 27, 2021 U.S.A. v. Lonnie Leroy Coffman U.S. District Court for the District of Columbia, January 11, 2021 U.S.A. v. Ethan Nordean, Joseph Biggs, Zachary Rehl and Charles Donohue U.S. District Court for the District of Columbia, January 8, 2021 Video: Seeking Information: Pipe Bombs in Washington, D.C. F.B.I., January 5, 2021 Sound Clip Sources Hearing: USCP OVERSIGHT FOLLOWING JANUARY 6 ATTACK, Senate Committee on Rules and Administration, June 16, 2021 Watch on C-SPAN Witnesses: Michael Bolton Inspector General of the US Capitol Police Transcript: 36:40 Michael Bolton: To me the biggest failure is that because we have allowed certain elements within the Capitol Police to be autonomous, they conduct their own training, okay? That's the issue. Whereas you if you have a Training Services Bureau and let's call it an office of training that is fully incorporated, they handle all the training they conducted. They make sure you get the training, they hold your officials accountable, your people doing your training, guess what, we're sending a letter to the chief and they can no longer work until they get required or what have you. Hearing: The Capitol Insurrection: Unexplained Delays and Unanswered Questions (Part II), House Committee on Oversight and Reform, June 15, 2021 Watch on Youtube Witnesses: Lt. General Walter Piatt Director of the Army Staff General Charles Flynn Commanding General of the US Army Pacific Chris Wray FBI Director Transcript: 30:41 Lt. General Walter Piatt: My involvement with our response to this emergency began shortly after entering the Secretary of the Army's office at 2:20pm to provide a report of a suspicious package. While I was there, a panic call came in reporting several explosions in the city. To understand the situation, to indentify, what was needed from the army Secretary McCarthy convened a conference call. During this call DC and Capitol authorities frantically requested urgent and immediate support to the Capitol. We all immediately understood the gravity of the situation. Secretary McCarthy went down the hall to seek approval from the Acting Secretary of Defense. Before departing, she directed me to have the staff prepare a response. I communicated this on the conference call. But those are more and more convinced that I was denying their request, which I did not have the authority to do. Despite clearly stating three times that we are not denying your request, we need to prepare a plan for when the Secretary of the Army gains approval. 1:46:02 General Charles Flynn: There's four things in planning that we could have done. And we should have done. The first one there should have been clearly a lead federal agency designated. The second one is we should have had an integrated security plan. The third one is and much of this has been talked about already is information and intelligence sharing on criminal activities before the sixth of January. And then the fourth one would have been, we should have pre-federalized certain National Guard forces so that they could have immediately been moved to the Capitol and had those authorities in place before this happened. 2:09:30 Rep. Kweisi Mfume (MD): So that's what we are trying to do, keep our republic and to keep it from those who tried to overthrow this government who wanted to kill members of Congress, who wanted to hang Mike Pence. 2:43:37 Rep. Michael Cloud (TX): You mentioned domestic terrorism that this would qualify as that, would the riots that we saw across the cities for nights and nights and weeks and weeks on even months on end, qualify as domestic terrorism as well? Chris Wray: We've been treating both as domestic terrorism and investigating both through our Joint Terrorism Task Force. 2:51:19 Chris Wray: Among the things that we've taken away from this experience are a few. One, as you heard me say in response to an earlier question, we need to develop better human sources, right, because if we can get better human sources, then we can better separate the wheat from the chaff in social media. Two, we need better data analytics. The volume, as you said, the volume of this stuff is, is just massive, and the ability to have the right tools to get through it and sift through it in a way that is, again, separating the wheat from the chaff is key. And then the third point that I would make is we are rapidly having to contend with the issue of encryption. So what I mean by that is, yes, there might be chatter on social media. But then what we have found and this is true in relation to January 6th, in spades, but it was also true over the summer in some of the violence that occurred there. Individuals will switch over to encrypted platforms for the really significant, really revealing communications. And so we've got to figure out a way to get into those communications or we're going to be constantly playing catch up in our effort to separate as I said, the wheat from the chaff on social media. 3:01:00 Chris Wray: We consider the attack on capital on January 6 to be a form of domestic terrorism. 3:16:00 Chris Wray: As for social media, I think there's, there's it's understandable that there's a lot of confusion on this subject we do not we have very specific policies that Ben at the Department for a long time that govern our ability to use social media and when we have an authorized purpose and proper predication, there's a lot of things we can do on social media. And we do do and we aggressively do but what we can't do, what we can't do on social media is without proper predication, and an authorized purpose, just monitor, just in case on social media. Now, if the policies should be changed to reflect that, that might be one of the important lessons learned coming out of this whole experience. But that's not something that that currently the FBI has the either the authority or certainly the resources frankly, to do. 4:06:00 Rep. Pat Fallon (TX): Has anyone been charged with inciting an insurrection? Chris Wray: I think I responded to an earlier question. I don't believe that that has been one of the charges us so far. But again, with that many cases, I want to build a little room for the fact that I might not know all the cases. Rep. Pat Fallon (TX): So right as of right now, the answer would be no, fair to say? Chris Wray: That's my understanding. Rep. Pat Fallon (TX): Okay. Has anybody been charged with sedition to your knowledge? Chris Wray: Same answer. Rep. Pat Fallon (TX): Okay. No, again, Has anybody been charged with treason? Chris Wray: I don't believe so. Rep. Pat Fallon (TX): Okay, has anyone been charged with illegal possession of a firearm inside the Capitol? On that day? Chris Wray: I believe there has been at least one instance of someone arrested with a firearm in the Capitol. And there have been a number of arrests of individuals either en route to the Capitol or near the Capitol for the for the siege. 4:11:00 Rep. James Comer (KY): On December 31, Mayor browser requested DC National Guard assistance with the planned protest for January fifth and sixth, correct? Lt. General Walter Piatt: Correct, sir. Rep. James Comer (KY):And was that request for assistant ultimately approved by the Secretary of Army? Lt. General Walter Piatt: It was approved by the Acting Secretary of Defense as well. Rep. James Comer (KY):Were restrictions placed on that authority upon the request of Mayor browser and if so, what were those restrictions? Lt. General Walter Piatt: She had requested that they be unarmed and it did not take a place in any law enforcement activities. Hearing: The Capitol Insurrection: Unexplained Delays and Unanswered Questions, Committee on Oversight and Reform, May 12, 2021 Watch on Youtube Witnesses: Chris Miller Former Acting Secretary of Defense Robert Contee Chief of the Metropolitan Police Department Transcript: 00:22 Rep. Carolyn Maloney (NY): Today the committee will examine one of the darkest days in our nation's history. The January 6th insurrection at the United States Capitol. On that day, a violent mob incited by shameless lies told by a defeated president launched the worst attack on our republic since the Civil War. 00:42 Rep. Carolyn Maloney (NY): We watched as the temple of our democracy, a building whereas familiar with as our own homes, was overrun by a mob bent on murdering the Vice President and members of Congress. 21:21 Chris Miller: I want to remind you and the American public that during that time, there was irresponsible commentary by the media about a possible military coup or that advisors the president were advocating the declaration of martial law. I was also very cognizant of the fears and concerns about the prior use of the military in June 2020 response to protests in the White House. And just before the electoral college certification 10 former Secretaries of Defense signed an op-ed published in The Washington Post warning of the dangers of politicizing inappropriately using the military. No such thing was going to occur and my watch, but these concerns and hysteria about them nonetheless factored into my decisions regarding the appropriate and limited use of our armed forces to support civilian law enforcement during the electoral college certification. My obligation to the nation was to prevent a constitutional crisis. Historically, military responses to domestic protests have resulted in violations of American civil rights and even in the case the Kent State protests of the Vietnam War, tragic deaths. In short, I fervently believe the military should not be utilized in such scenarios, other than as a last resort, and only when all other assets had been expended. 26:02 Chris Miller: I stand by every decision I made on January 6th and the following days. I want to emphasize that our nation's armed forces are to be deployed for domestic law enforcement only when all civilian assets are expended and only as the absolute last resort. To use them for domestic law enforcement in any other manner is contrary to the constitution and a threat to the Republic. I ask you this consider what the response in Congress in the media had been if I had unilaterally deployed 1000s of troops into Washington DC that morning against the Express wishes of the Mayor and the Capitol Police who indicated they were prepared. 40:52 Rep. Carolyn Maloney (NY): Mr. Miller, you were the Acting Secretary of Defense on January 6th, did President Trump as the commander in chief of the US Armed Forces call you during the January 6 attack to ensure the capital was being secured? Mr. Miller? Chris Miller: No, I had all the authority I needed from the president to fulfill my constitutional duties. Rep. Carolyn Maloney (NY): Did you speak with President Trump at all as the attack was unfolding? Chris Miller: On January 6th? yes. Chris Miller: No, I did not. I didn't need to I had all the authority I needed and knew what had to happen. I knew what had to happen. Rep. Carolyn Maloney (NY): Did you speak with Vice President Pence during the attack? Yes or no? Chris Miller: Yes. Rep. Carolyn Maloney (NY): According to a defense department timeline, it was Vice President Pence and not President Trump, who called during the siege to say the Capitol was not secure. And to give you the direction to quote, 'clear the Capitol.' What specifically did Vice President Pence say to you that day? Chris Miller: Vice President's not in the chain of command, he did not direct me to clear the capital. I discussed very briefly with him the situation. He provided insights based on his presence there, and I notified him or I informed him that by that point, the District of Columbia National Guard was being fully mobilized and was in coordination with local and federal law enforcement to assist in clearing the Capitol. 1:05:28 Chris Miller: I think I'd like to modify my original assessment. Rep. Stephen Lynch (MA): Why am I not surprised about that? Chris Miller: Based on as Chief Contee said, we are getting more information by the day by the minute about what happened and the highlight some other observations that were made. It's clear now that there were organized... Although we're going to find out through the Department of Justice process in the law, and the legal system, it seems clear that there was some sort of conspiracy where there were organized assault elements that intended to assault the Capitol that day. Rep. Stephen Lynch (MA): Reclaiming my time, I'm just asking you the same question you've answered before. Did did the President's remarks incite members to march, the people in the crowd to march on the Capitol, or did they not? Chris Miller: Well, he clearly said offered that they should march on the Capitol. So it goes without saying that his statement resulted in that... Rep. Stephen Lynch (MA): Reclaiming my time. Let me just share with the committee what you have said before. This is your quote. This is your quote. What anyone? Would anybody have marched on the Capitol and tried to overrun the Capitol without the president speech? I think it's pretty much definitive. That would not have happened. Rep. Stephen Lynch (MA): I think now, I would say that this is not the unitary factor at all. What's that? Chris Miller: I would like to offer I have reassessed. It was not the unitary factor at all. There was no...it's seems clear there was an organized conspiracy with assault elements. Rep. Stephen Lynch (MA): In your testimony for today. Reclaiming my time again, for your written testimony for today. For today, this morning, you stated the following about the President's quote, I personally believe his comments encouraged the protesters that day. So this is that this is that there's a very recent reversal of your of your testimony. Chris Miller: Absolutely not. That's ridiculous. Rep. Stephen Lynch (MA): You're ridiculous. Chris Miller: Thank you for your, your thoughts. I also want to highlight... Rep. Stephen Lynch (MA): No wait a minute, reclaiming my time, reclaiming my time. 2:06:30 Rep. Glenn Grothman (WI): Has there been any progress made it all on on? Who would have put these bombs there? Robert Contee: No arrests have been made no suspects identified, working without partners on the federal side. There's been surveillance videos that have been released publicly showing that individual placing the pipe bombs, but no arrests have been made at this point. 3:01:05 Rep. Andrew Clyde (GA): Watching the TV footage of those who entered the Capitol and walked through Statuary Hall showed people in an orderly fashion staying between the stanchions and ropes, taking videos and pictures. You know, if you didn't know the TV footage was a video from January the sixth, you would actually think it was a normal tourist visit. 3:12:18 Sen. Hank Johnson (GA): Were you ordered to delay deployment of troops? Chris Miller: 110% Absolutely not. No, that is not the case. 4:41:42 Chris Miller: If we had a valid request and a necessary requests from your body, I guarantee you that the Department of Defense would have been there in strength as required. Rep. Mike Quigley (IL): So when you would acknowledge we lost the battle we lost for the first time since 1814... Chris Miller: Horrifying. Rep. Mike Quigley (IL): And it was everybody else's fault but DoD. Chris Miller: I absolutely disagree with the statement that it was... Rep. Mike Quigley (IL) I'm paraphrasing you the only way that makes sense when you say 'you wouldn't do anything differently, you wouldn't do anything differently.' Okay, that implies what I'm saying that it was everybody else's fault in your mind, because it was a catastrophic failure. Chris Miller: And I just had an obligation to protect and defend the Constitution and guarantee that the armed forces were used appropriately, and not in a manner that would be seen as extraconstitutional. Rep. Mike Quigley (IL) Look, the Constitution is not a treaty of surrender. It affords you the opportunity to do what's necessary to defend the people in the democracy of the United States. I mean, if looked upon the destruction afterwards, looking back, you say, 'well, at least I defended the Constitution' is another perverse way of looking at this. Nothing was DoDs fault. And at least you did, in your own mind, defend what you thought was right for the Constitution. Never mind how many people got hurt and how much damage was done to our government in the meantime. Chris Miller: I will absolutely take that on and take that as a compliment. Because the armed forces of the United States was completely prepared and ready to respond to any valid request from any department or agency or local or federal law enforcement office. Rep. Mike Quigley (IL) You lost and you don't have the Intellectual fortitude to own up to your part of the responsibility. And I get it, a lot of people screwed up, you're one of them. I yield scaled back. Madam Chairman. Chris Miller: I respectfully disagree in that. Rep. Mike Quigley (IL) I was in the room, you weren't. Hearing: State and Local Responses to Domestic Terrorism: The Attack on the U.S. Capitol and Beyond, House Committee on Homeland Security: Subcommittee on Intelligence and Counterterrorism, March 24, 2021 Watch on Youtube Witnesses: Dana Nessel Attorney General, Michigan Aaron Ford Attorney General, Nevada John Chisholm District Attorney, Milwaukee County, Wisconsin. Transcript: 07:19 Rep. Elissa Slotkin (MI): The post 9/11 era of security where the threats come from abroad is over. In the 20 years of the post 9/11 era, they came to an end on January 6th, the new reality is that we have to come to terms with is that it's our extremists here at home, seeking to explain internal divisions that pose the greatest threat. Hearing: JANUARY 6 ATTACK ON THE CAPITOL, Senate Committee on Homeland Security and Governmental Affairs and Committee on Rules and Administration, March 3, 2021 Day 2 (March 3, 2021) Day 2, Part 2 (March 3, 2021) Witnesses: Robert Salesses Senior Official Performing the Duties of the Assistant Secretary for Homeland Defense and Global Security at the U.S. Department of Defense Major General William Walker Commanding General of the DC National Guard Jill Sanborn Assistant Director, Counterterrorism Division Federal Bureau of Investigation U.S. Department of Justice Transcript: 06:42 Sen. Gary Peters (MI): But the January 6 attack must mark a turning point. There can be no question that the domestic terrorist threat and cluding violence driven by white supremacy and anti government groups is the gravest terrorist threat to our homeland security. Moving forward, the FBI, which is tasked with leading our counterterrorism efforts, and the Department of Homeland Security, which ensures that state and local law enforcement understands the threats that American communities face must address this deadly threat with the same focus and resources and analytical rigor that they apply to foreign threats such as ISIS and Al Qaeda. 30:19 Robert Salesses: Over the weekend of January 2nd and third, my staff contacted the Secret Service, the Park Police, the marshal service, the FBI, the Capitol Police to determine if they planned to request DoD assistance. None of these law enforcement agencies indicated a need for DoD or DC National Guard Support. 30:45 Robert Salesses: After consultation with the Department of Justice, the Acting Secretary of Defense approved the DC government request for National Guard personnel to support 30 traffic control points and six metro stations from January 5th to the sixth. The Acting Secretary also authorized a 40 person quick reaction force to be readied at Joint Base Andrews. 31:17 Robert Salesses: On January 5, the Acting Secretary of Defense and the Secretary of the Army received a letter from the mayor of DC, stating MPD is prepared and coordinated with its federal partners, namely the Park Police, the Capitol Police and the Secret Service. Based on these communications with federal and local civilian authorities DoD determined that no additional military support was required on January 5th, and 6th. 32:20 Robert Salesses: At approximately 2:30pm, the Secretary of the Army met with the Acting Secretary of Defense and other senior leaders of the Defense Department. After this meeting, the Acting Secretary of Defense determined that all available forces of the DC National Guard were required to reinforce the DC Metropolitan Police and the US Capitol Police and ordered the full mobilization of the DC National Guard at 3:04pm. 33:08 Robert Salesses: After reviewing the DC National Guard's missions, equipping and responsibilities to be performed at the Capitol Complex and supported the Metropolitan Police and Capitol Police, and conferring with the DC Metropolitan Police at their headquarters, at 4:10pm, the Secretary of the Army received the Acting Secretary of Defense's approval at 4:32 and ordered the DC National Guard forces to depart the armory for the Capitol Complex 49:59 Major General William Walker: The District of Columbia National Guard provides support to the Metropolitan Police Department, the United States Park Police, the United States Secret Service, and other federal and district law enforcement agencies in response to planned rallies, marches, protest, and other large scale first amendment activity on a routine basis. The standard component of such support is the stand up of a off site quick reaction for us, an element of guardsmen held in reserve with civil disturbance response equipment, helmets, shields, battons, etc. They are postured to quickly respond to an urgent and immediate need for assistance by civil authorities. The Secretary of the Army's January 5th letter to me withheld that authority for me to employ a quick reaction force. Additionally, the Secretary of the Army's memorandum to me required that a concept of operation be submitted to him before the employment of a quick reaction force. I found that requirement to be unusual, as was the requirement to seek approval to move guardsmen supporting the Metropolitan Police Department to move from one traffic control point to another. 54:50 Major General William Walker: So the memo was unusual in that it required me to seek authorization from the Secretary of the Army and the Secretary of Defense, to essentially even protect my guardsmen. So no civil disturbance equipment could be authorized, unless it was came from the Secretary of Defense, now the Secretary of the Army, to his credit, did tell me that I could have force protection equipment with the guardsmen. So we do have helmets. shin guards, vest, we did have that with us. But that came from the Secretary of the Army. The Secretary of Defense told me I needed his permission to to escalate to have that kind of protection. 55:50 Major General William Walker: What it says, without my personal authorization, the District of Columbia National Guard has not authorized the following to be issued weapons, ammunition bayonets, batons or ballistic protection equipment such as helmets and body armor. Now, again, to be clear, the Secretary of the Army told me to go ahead and issue that equipment. So we never were going to have weapons or ammunition and we no longer have bayonets. But we do have ballistic protection equipment, helmets body armor, and so I did have that with each guardsmen. 57:02 Major General William Walker: And at that time, Chief Conte and Chief Soon passionately pleaded for District of Columbia National Guard to get to the Capitol with all deliberate speed. So the Army senior leaders did not think that it'd look good. It would be a good optic, they further stated that it could incite the crowd. So their best military advice would be to the Secretary of the Army who could not get on the call. So we wanted the Secretary of the Army to join the call, but he was not available. We were told that he was with the Secretary of Defense and not available. But the Army Senior leadership, expressed to Chief Conte, Chief Sohn, Dr. Mitchell, the deputy mayor and others on the call, that it would not be their best military advice to have uniform guardsmen on the Capitol. 58:26 Sen. Gary Peters (MI): General Walker was the issue of optics ever brought up by army leadership when the DC National Guard was deployed during the summer of 2020. Was that discussed? Major General William Walker: It was never discussed. The week of June it was never discussed July 4, when we were supporting the city was never discussed August 28th when we supported the city. Sen. Gary Peters (MI): Did you think that was unusual? Major General William Walker: I did. 1:00:32 Major General William Walker: So I had them ready to go shortly after the phone call. So I brought, at 1500, I directed that the quick reaction for us that was based at Andrews Air Force Base, leave the base, get to the armory at all deliberate speed. I had a police escort bring them to the armory. They returned to the Armory in about 20 minutes. So we had them sitting there waiting. And then, in anticipation of a green light, a go, we put guardsmen on buses, we brought them inside the armory, so nobody would see them putting on the equipment and getting on the buses, and then we just waited to get the approval. And that's why we were able to get to the Capitol in about 18 minutes. Sen. Gary Peters (MI): What time were they on the buses Ready to go? Do you recall? Major General William Walker: By five o'clock, but at five o'clock, I decided, hey, you know, there's got to be an approval coming. So get on the buses, get the equipment on, get on the buses and just wait. And then a few minutes after that we did get the approval. I was on a secure video conference when the army leadership conveyed to me that the Secretary of Defense had authorized the employment of the National Guard at the Capitol. So my timeline has 1708, 5:08pm is when is when we wrote down that we had approval and read was about eight people in the office with me when I got that. Sen. Gary Peters (MI): How many guardsmen were ready. You said write a video earlier and they have gotten 155. So you could have sent 155 much, much earlier, what would have been the impact of sending those 155 right around that two o'clock timeframe? Major General William Walker: Well, based on my experience with the summer and I have 19 years, I have 39 years in the National Guard, and I was in the Florida guard Hurricane Andrew I've been involved in civil disturbances. So I believe that number could have made a difference. We could have helped extend the perimeter and help push back the crowd. 1:13:49 Robert Salesses: The only decision makers on the sixth of January were the Secretary of Defense and the Secretary of the Army Ryan McCarthy. There was a chain of command from the Secretary of Defense, to Secretary McCarthy to General Walker. That was the chain of command. 1:15:39 Sen. Rob Portman (OH): This morning, you have testified that you received this letter from our secretary McCarthy on January 5, so just the day before the attack on the Capitol. In that letter, did Secretary McCarthy prohibit you from employing the National Guard's quick reaction force without his authorization? Major General William Walker: So I have the letter in front of me, and his letter does not but it is the Secretary of Defense says that I have to use it as a last resort. But the Secretary of the Army told me and it's, I have the letter that I couldn't not use the quick reaction force. It would it would he with I'll just read it. Yeah, 'I withhold authority to approve employment of the District of Columbia National Guard quick reaction force, and will do so only as a last resort, in response to a request from an appropriate civil authority. I will require a concept of operation prior to authorizing employment of a civil- of a quick reaction for it. 1:16:05 *Major General William Walker:** Now a quick reaction force normally is a command was tool to go help either a civilian agency, but more typically to help the National Guardsmen who are out there in need, need assistance. 1:16:58 Major General William Walker: Just to be clear, the Secretary of Defense said I could use it as a last resort, right. But the Secretary of the Army says that I could only use it after he gave me permission. And only then after a concept of operation. Sen. Rob Portman (OH): Right, and we talked about the chain of command earlier, so your chain of command is both of these gentlemen. In other words, you you didn't have the authority to deploy that quick reaction force based on either the letter or the earlier memo that went from the Secretary of Defense, Acting Secretary defense to the Secretary of the Army. Is that correct? Major General William Walker: Yes, sir. 1:17:23 Sen. Rob Portman (OH): Yeah, I also thought it was odd and I think you said was unusual and very prescriptive that the January 5th letter required the Secretary of the Army to approve the movement of deployed guardsmen from one traffic control point to another. Did you find that unusual? Major General William Walker: In 19 years I never had that before happened. So on that day, the Metropolitan Police as they would any other day requested that a traffic control point move one block, one block over. No traffic was where they were. So they wanted the traffic control point to move one block. I had to get permission. I told him, I'll get back to you. I contacted Lieutenant General Piatt, who contacted Secretary of the Army, I had to explain where that contractor control point was in relationship to the Capitol. And only then did I get permission to move the three national guardsmen supporting the Metropolitan... Sen. Rob Portman (OH): These are three unarmed National Guardsmen who are helping with traffic control in parts of that Metropolitan Police can do other things. And they were not permitted to move a block away without getting permission from the Secretary of the Army. Is that true? Major General William Walker: That's correct. Yeah. 1:18:52 Sen. Rob Portman (OH): That January 4th memorandum from Acting Secretary Miller to the Army Secretary required the personal approval of the Secretary of Defense for the National Guard to be issued riot gear. Is that correct? Major General William Walker: That's correct. But but the secretary army told me to go ahead and put it into vehicles. So I give him credit for that. 1:19:08 Major General William Walker: Normally for a safety and force protection matter, a commander would would be able to authorize his guardsmen to protect themselves with helmet and protective equipment. 1:25:57 Sen. Roy Blunt (MO): General Walker if the restrictions on your authorities hadn't been put in place by DoD, what would you have done when Chief Sund called you at 1:49 on January 6, with an urgent request for National Guards assistance? Major General William Walker: I would have immediately pulled all the guardsmen that were supporting the Metropolitan Police Department. They had the gear in the vehicles, I would have had them assemble in the armory, and then get on buses and go straight to the armory and report to the most ranking Capitol Police Officer they saw and take direction. And just let me add this, so one of my Lieutenant Colonel's on his own initiative, went to the Capitol, anticipating that we were going to be called, so he would have been there and he met with Deputy Chief Carroll of the Metropolitan Police Department who asked them, where is the National Guard? How come they're not here? And this Colonel said, Well, I'm sure they're coming. And I'm here to scout out where they're going to be when they get here. So that was the plan. I would have sent them there immediately. As soon as I hung up, my next call would have been to my subordinate commanders, get every single guardsman in this building, and everybody that's helping the Metropolitan Police. We mission them to the Capitol without delay. 1:32:11 Robert Salesses: That's when the Secretary of Defense made the decision at 4:32. As general Walker has pointed out, because I've seen all the timelines, he was not told that till 5:08 that's what Sen. Roy Blunt (MO): How's that possible? Mr. Salesses, do you think that the decision in the moment we were in was made at 4:32 and the person that had to be told, wasn't told for more than half an hour after the decision was made? Robert Salesses: Senator, I think that's that's an issue. 1:37:13 Sen. Maggie Hassann (NH): Looking back now, what might have made a difference in being able to move against some of those individuals sooner? Jill Sanborn: Yeah, I think that's great question. I think it's twofold. So it's the complexity of trying to gather the right intelligence that helps us predict indicators and warnings. And I spoke earlier about while there's a volume out there of rhetoric, trying to figure out that intent is very challenging for us in the intel community because it happens on private comms and encryption. So that's one aspect. And then the other aspect is of the people that we were investigating. So predicated investigations, we don't necessarily have the ability to mitigate the threat they might pose by travel if we don't have a charge. And so I think you're tracking that we were aware of some of our subjects that intended to come here. We took over action by going and talking them and trying to get them to not come and that worked in the majority of our already predicated cases. 1:49:46 To review the timeline at 1:49 Chief Sund contacted you. At 2:15 the capital was breached. I think in your testimony you said you had available 340 DC National Guard troops Is that correct? Major General William Walker: Sir, it was actually half of that. So, so half were on the streets helping the Metropolitan Police Department. The other half would have came in to relieve them, but we would have called them in to come in. 1:50:33 Sen. Ron Johnson (WI): How quickly could have you gotten? How many people to the Capitol? Major General William Walker: 20 minutes? Sen. Ron Johnson (WI): How many people? Major General William Walker: 150 1:56:47 Jill Sanborn: We're seeing people that got caught up in the moment got caught up in the sort of the energy etc. and made their way into the captain on those are probably the ones that you're seeing the charges simply of trespassing and then we're definitely seeing that portion that you're pointing out which is small groups and cells now being charged with conspiracy that coalesced either on site or even days or weeks prior and had sort of an intent that day and they to probably caught people up in the energy. PART 2 23:00 Jill Sanborn: The piece of information we received, again, was a non attributable posting to a message board. And so very raw, very unvetted, we actually didn't receive that information until late, very late in the afternoon on the fifth and almost into the evening. And because of our emphasis on we need any intelligence, even though it was raw and attributed, and unvetted, the Norfolk office quickly wrote that up specifically in a document following our processes to disseminate that. So a situation information report is for the intentional purpose of sharing that with state and local partners. Not only did they write that up, because they knew how important that was to get that information out into the hands of folks that might need it, our state and local partners, within 40 minutes, they sent an email to the Washington field office with that information and Washington Field Office also then followed up with an email to all Task Force officers. And so several different mechanisms were happened here. And you know, we'd like to use the phrase 'belt and suspenders' we didn't want to make sure that one method of communication failed. So we wrote it up in the document for dissemination. We sent it in an email to all taskforce officers in the National Capitol Region, and that does include Washington Metro as well as Capitol. But again, not wanting to rely on those two mechanisms only it was then briefed verbally in a command post and interagency command post that we were doing briefings every couple of hours, though, that every agency in that command post have what we call a common operating picture. Knowing what all of us knew at any given time, it was briefed at 8pm on the evening of the fifth, and then taking it one step further, because we didn't want to limit our aperture to just the National Capital Region, because there's collection opportunity out there for all state and local partners and federal partners to help us, we loaded that suspicious information report into what we call the Leap Portal. And that is accessible by all state and local partners. So we really tried in various ways to make sure that we did not rely on one communication mechanism and really tried to rely on several so that the information would get to the right people. 34:46 Sen. Rand Paul (KY): We can talk all we want about January sixth, but really it's the decision making leading up to that. Someone made a bad judgment call and we need to be better prepared. If we're gonna fix this in the future, it isn't about calling the National Guard out quicker. It's about having 1000 people standing there before the riot happens to the riot doesn't happen. Hearing: U.S. Capitol Police and House Sergeant at Arms, Security Failures on January 6, House Committee on Appropriations: Subcommittee on Legislative Branch, February 25, 2021 Watch on YouTube Witnesses: Timothy Blodgett Acting Sergeant at Arms; U.S. House of Representatives Yogananda D. Pittman, Acting Chief of Police, U.S. Capitol Police. Transcript: 09:11 ** Rep. Jaime Herrera Beutler (CA):** The United States Capitol Police Force is not meant to be an army, expecting 1600 officers to hold back an unruly mob of eight to 10,000 people, many of whom were armed and had their own homemade explosive devices or had came with or weaponized, everyday items. It's not a position we should ever have to be in. 20:51 Yogananda D. Pittman: There's evidence that some of those who stormed the Capitol were organized. But there's also evidence that a large number were everyday Americans who took on a mob mentality because they were angry and desperate. It is the conduct of this latter group that the department was not prepared for. Hearing: Dollars Against Democracy: Domestic Terrorist Financing in the Aftermath of Insurrection, Committee on Financial Services, February 25, 2021 Watch on YouTube Witnesses Iman Boukadoum Senior Manager, The Leadership Conference on Civil and Human Rights Lecia Brooks Executive Director of the Southern Poverty Law Center Daniel Glaser Global Head Jurisdictional Services and Head of Washington, DC Office at K2 Integrity Senior Advisor at the Foundation for Defense of Democracies Board member at the Qatar Financial Centre Regulatory Authority Former Assistant Secretary for Terrorist Financing and Financial Crimes, U.S. Department of the Treasury Daniel Rogers Co-Founder and Chief Technical Officer at Global Disinformation Index Daveed Gertenstein-Ross CEO of Valens Global Transcript: 03:28 Rep. Jim Himes (CT): In the wake of the attacks of September 11th, we recast the entire federal government and worked feverishly to defund terrorist streams. To effectively disrupt domestic extremist groups, we need to better understand their financing. 03:54 Rep. Jim Himes (CT): Unlike ISIS, for example, these organizations are not pyramid shaped where funding comes from a handful of easily disruptable areas. An online fundraising drive for a legitimate charity, and one that helps support an extremist group can look very similar. 04:57 Rep. Jim Himes (CT): We need to conscientiously be mindful of the civil liberties concerns at play here. Unlike international extremist groups, law enforcement is constrained by the Constitution when dealing with domestic extremists, balancing the desire to give law enforcement the tools necessary to disrupt these groups with the need to respect the rights of all Americans and the Constitution to which we have all pledged an oath is essential. 05:36 Rep. Jim Himes (CT): While we all live through a brutal event on January 6th, undertaken by right wing extremists, no location on the political spectrum has a monopoly on extremism or violence. 10:08 Rep. Maxine Waters (CA): We're here against the backdrop of the January 6th insurrection. A deplorable yet predictable display of white supremacists such as the Proud Boys, the oathkeepers QAnon and others and nationalist violence incited by President Trump against the members of this body and against democracy itself. 12:51 Iman Boukadoum: Last month violent insurrection heavily fueled by white supremacy and white nationalism shocked the world. 13:52 Iman Boukadoum: We know, however, that even well intentioned national security laws are invariably weaponized against black, brown and Muslim communities. And that white nationalist violence is not prioritized making that policy failure the fundamental reason for what transpired on January 6th, not lack of legal authority. For this reason we oppose any legislation that would create new charges for domestic terrorism or any enhanced or additional criminal penalties. The federal government, including the Treasury Department, has many tools at its disposal to investigate. And also the FBI and DOJ have 50 statutes, at least 50 statutes and over a dozen criminal statutes, 50 terrorism related statutes, excuse me and over a dozen criminal statutes that they can use. They just need to use them to target white nationalist violence. 19:33 Lecia Brooks: Today, some white nationalist groups and personalities are raising funds through the distribution of propaganda itself. In November SPLC researchers reported that dozens of extremist groups were earning 1000s of dollars per month on a popular live streaming platform called D-Live. 20:21 Lecia Brooks: Crowdfunding is also being exploited by hate groups to earn money in this new decentralized landscape. Crowdfunding sites played a critical role in the capital insurrection, providing monetary support that allowed people to travel to Washington DC. They've also played a crucial role in raising hundreds of 1000s of dollars in legal fees for extremists. 20:43 Lecia Brooks: The violent insurrection at the US Capitol on January 6 should serve as a wake up call for Congress, the Biden administration, Internet companies, law enforcement and public officials at every level. 23:11 Daniel Glaser: Thank you for the opportunity to appear before you today to talk about how the US government can employ similar tools and strategies against white nationalists and other domestic terrorist groups as it has employed against global jihadist groups over the past two decades. 23:33 Daniel Glaser: During my time at the Treasury Department, I fought to cut off funding to terrorist groups such as Al Qaeda, the Islamic State and Hezbollah, as a Deputy Assistant Secretary in the Bush Administration, and eventually as the Assistant Secretary for Terrorist Financing in the Obama Administration. My primary responsibility was to lead the design and implementation of strategies to attack the financial networks of these groups and other threats to our country's national security. And while we should never let down our guard with respect to those still potent terrorist organizations, it has become tragically clear that there are domestic extremist groups that in some ways present an even greater threat to our ideals and our democracy. We have the responsibility to target those groups with the same determination, creativity and sense of purpose that we displayed in the years following 9/11. 27:42 Daniel Glaser: Potential measures in Treasury's toolbox include the issuance of guidance to financial institutions on financial type policies, methodologies and red flags, the establishment of public private partnerships the use of information sharing authorities and the use of geographic targeting orders. Taken together these measures will strengthen the ability of financial institutions to identify, report and impede the financial activity of domestic extremist groups and will ensure that the US financial system is a hostile environment for these groups. 30:10 Daniel Rogers: These groups leverage the Internet as a primary means of disseminating their toxic ideologies and soliciting funds. One only needs to search Amazon or Etsy for the term q anon to uncover shirts, hats, mugs, books and other paraphernalia that both monetize and further popular popularized the domestic violent extremist threat. Images from that fateful day last month are rife with sweatshirts that say, Camp outfits that until recently were for sale on websites like Teespring and cafe press. As we speak at least 24 individuals indicted for their role in the January 6 insurrection, including eight members of the proud boys have used crowdfunding site gifts and go to raise nearly a quarter million dollars in donations. And it's not just about the money. This merchandise acts as a sort of team jersey that helps these groups recruit new members and form further hatred towards their targets. We analyze the digital footprints of 73 groups across 60 websites, and 225 social media accounts and their use of 54 different online fundraising mechanisms, including 47 payment platforms and five different cryptocurrencies, ultimately finding 191 instances of hate groups using online fundraising services to support their activities. The funding mechanisms including included both primary platforms like Amazon, intermediary platforms, such as Stripe or Shopify crowdfunding sites like GoFundMe, payments facilitators like PayPal, monetized content streaming services, such as YouTube, super chats, and cryptocurrencies, such as Bitcoin. All of these payment mechanisms were linked to websites or social media accounts on Facebook, Instagram, YouTube, telegram, LinkedIn, Pinterest, gab, picshoot and others. The sheer number of companies I just mentioned, is the first clue to the scale and the scope of the problem. 31:40 Daniel Rogers: We also found that a large fraction of the groups we studied have a tax exempt status with the IRS, a full 100% of anti muslim groups. 75% of anti-immigrant groups, and 70% of anti LGBTQ groups have 501-C-3 or 501-C-4 status. Over 1/3 of the militia groups that we identified, including the oathkeepers, whose leadership was recently indicted on charges related to January 6, have tax exempt status. This status gives them access to a whole spectrum of charity fundraising tools, from Facebook donations to amazon smile, to the point where most of the most common fundraising platform we identified across all of our data was Charity Navigator. 32:30 Daniel Glaser: I think it's important to remember that if you want to be able to use a cryptocurrency in the real economy, to any scale, it at some point doesn't need to be converted into actual fiat currency into dollars. That's the place where the Treasury Department does regulate cryptocurrencies. 42:10 Daniel Glaser: Cryptocurrency exchanges are regarded as money service businesses. They have full customer due diligence requirements. They have full money laundering program requirements, they have reporting requirements. The US Treasury Department just last month, issued a proposed rule relating to unhosted wallets of cryptocurrencies. And that's out for notice and comment. Right now. It addresses the particular issue of, of wallets that are not hosted on a particular exchange. And I think it's an important rule that's out there and I do encourage people to take a look at it, the comment period closes in May, and then hopefully, Treasury will be able to take regulatory action to close that particular vulnerability. 42:46 Rep. Jim Himes (CT): Mr. Glaser, you you, though suggested something new that I'd like to give you a maybe 30 seconds, 42 seconds I have left to elaborate on you said you were taught you were hopeful for sanctions like authorities against domestic actors. You did not to constitutional civil liberties concerns. But give us another 30 seconds on exactly what you mean. And perhaps most importantly, what sort of fourth amendment overlay should accompany such authority? Daniel Glaser: Well, thank you, thank you for the question. The fact is, the Treasury Department really does not have a lot of authority to go after purely domestic groups in the way that it goes after global terrorist organizations that simply doesn't have that authority. You could imagine an authority that does allow for the designation of domestic organizations, it would have to take into account that, the constitutional restrictions. When you look when you read the a lot of the court decisions, there's concerns could be addressed in the statute, there's concerns. A lot of the scrutiny is heightened because sanctions are usually accompanied with acid freezes. But you could imagine sanctions that don't involve asset freezes that involve transaction bounds that involve regulatory type of requirements that you see in Section 311 of the Patriot Act. So there's a variety of ways that both the due process standards could be raised from what we see in the global context. 44:37 Daniel Rogers: The days leading up to the insurrection, the oathkeepers founder Stuart Rhodes appeared on a podcast and solicited charitable donations to the oathkeepers Educational Fund. It can only be presumed that these funds which listeners were notably able to deduct from their federal taxes, went to transporting and lodging members of the group slated to participate in the ensuing riots. 46:06 Rep. French Hill (AZ): Daveed Gertenstein-Ross: In looking at the draft legislation that the majority noticed with this hearing, one bill stuck out to me and I think it's a good follow up for your from your most recent exchange. It seeks to amend title 31 to require the Secretary of the Treasury to establish a program to allow designated employees of financial institutions to access classified information related to terrorism, sedition, and insurrection. Now, over the past three congresses, we've talked about the concept of a fusion center, not unlike we do in monitoring cyber risk and cyber crimes for this terror finance arena. We've never been able to come ashore on it legislatively. So I found that interesting. However, I'm concerned that when you deputize bank employees without any oversight, as to how the information would be protected or if there's really even a need for that. 46:53 Rep. French Hill (AZ): Could you describe how banks share information with law enforcement today and how they provide feedback on how we might change these protocols or if they're if that protocol change is necessary. Daveed Gertenstein-Ross: Thank you ranking member, there are four primary ways that banks share information now. The first is suspicious activity reports or the SAR. Financial institutions have to file these documents with the Financial Crimes Enforcement Network or FinCEN. When there's a suspected case of money laundering or fraud, the star is designed to monitor activity and finance related industries that are out of the ordinary are a precursor to illegal activity, or can threaten public safety. Second, there's law enforcement's 314 a power under the Patriot Act, in which obtains potential lead information from financial institutions via fincen. Third, law enforcement can use its subpoena power, if a court issues a subpoena pursuant to an investigation, or to an administrative proceeding and forth where there are blocked assets pursuant to OFAC authorities, sanctions or otherwise, banks are required to report block assets back to OFAC. The information sharing in my view is currently quite effective. Treasury in particular has a very strong relationship with the US financial institutions. 48:24 Rep. French Hill (AZ): On 314 in the Patriot Act, is that a place where we could, in a protected appropriate way make a change that relates to this domestic issue? Or is that, in your view, too challenging? Daveed Gertenstein-Ross: No, I think it's a place where you could definitely make a change. The 314-A process allows an investigator to canvass financial institutions for potential lead information that might otherwise never be uncovered. It's designed to allow disparate pieces of information to be identified, centralized and evaluated. So when law enforcement submits a request to Finicen, to get information from financial institutions, it has to submit a written certification that each individual or entity about which the information is sought is engaged in or reasonably suspected of engaging in terrorist activity or money laundering. I think that in some cases 314-A, may already be usable, but I think it's worth looking at the 314-A process to see if in this particular context, when you're looking at domestic violent extremism, as opposed to foreign terrorist organizations, there are some tweaks that would provide ability to get leads in this manner. 1:15:15 Iman Boukadoum: What we submit is that the material support for terrorism statute, as we know, there are two of them. There's one with an international Nexus that is required. And there's one that allows for investigating material support for terrorism, domestic terrorism, in particular, as defined in the patriot act with underlying statutes that allows for any crimes that take place within the United States that have no international nexus. And we believe that that second piece of material support for terrorism statute has been neglected and can be nicely used with the domestic terrorism definition as laid out in the Patriot Act. And we hope that statutory framework will be used to actually go after violent white nationalists and others. 1:50:25 Daniel Rogers: I think there are a number of regulatory fronts that all kind of go to the general problem of disinformation as a whole. And I don't know that we have the time to get into all of them here, but I think they, they certainly fall into three three big categories, with the one most relevant to today's discussion being this idea of platform government and platform liability, that, you know, our data is showing how what a key role, these sorts of platforms play in facilitating the activities of these groups. And the fact that the liability is so nebulous or non existent through things like Section 230 and whatnot, which what we found is that there's there's already policies in place against all of these hate and extremist groups, but they're just simply not enforced. And so updating that kind of platform liability to help drive enforcement I think is one of the key areas that that that we can focus on. Hearing: JANUARY 6 ATTACK ON THE CAPITOL, Committee on Homeland Security and Governmental Affairs and Committee on Rules and Administration, February 23, 2021 Day 1 C-SPAN Witnesses Captain Carneysha Mendoza Field Commander of the United States Capitol Police Special Operations Division Robert Contee Acting Chief of Police for the Metropolitan Police Department Paul Irving Former Sergeant at Arms of the House of Representatives Michael Stenger Former Sergeant at Arms and Doorkeeper of the Senate Transcript: 27:11 Captain Carneysha Mendoza: On January 6th, we anticipated an event similar to the million MAGA March that took place on November 14th, where we would likely face groups fighting among one another. 39:21 Robert Contee: MPD is prohibited by federal law from entering the Capitol or its grounds to patrol, make arrests or served warrants without the consent request of the Capitol Police board. 39:32 Robert Contee: The President of the United States not the Mayor of the District of Columbia controls the DC National Guard. 39:57 Robert Contee: Since Mayor Bowser declared a public health emergency last March, the district has not issued permits for any large gatherings. Although the district and MPD take pride in facilitating the exercise of first amendment rights by all groups, regardless of their beliefs. None of the public gatherings on January 5th and sixth were issued permits by the city. 47:13 Steven Sund: The intelligence that we based our planning on indicated that the January six protests were expected to be similar to the previous MAGA rallies in 2020, which drew 10s of 1000s of participants. 55:33 Paul Irving: We began planning for the protests of January 6th in December 2020. The planning relied on what we understood to be credible intelligence provided by various state and federal agencies, including a special event assessment issued by the Capitol Police on January 3rd. The January 3rd assessment forecast at the pros tests were ‘expected to be similar to the previous million MAGA March rallies that had taken place in November and December 2020.' Every Capitol Police daily intelligence report between January 4 and January 6, including on January 6th forecast the chance of civil disobedience or arrest during the protests as remote to improbable. 56:29 Paul Irving: The Chiefs plan took on an all hands on deck approach whereby every available sworn Capitol Police employee with police powers was assigned to work on January 6th. That meant approximately 1200 Capitol Police officers were on site, including civil disturbance units and other tactical teams. I also understood that 125 National Guard troops were on notice to be standing by for a quick response. The Metropolitan Police Department was also on 12 hour shifts, with no officers on day off or leave. And they staged officers just north of the Capitol to provide immediate assistance if required. The plan was brief to multiple law enforcement partners. Based on the intelligence we all believed that the plan met the threat. 1:00:57 Steven Sund: I actually just in the last 24 hours, was informed by the department that they actually had received that report. It was received by what we call, it's one of our sworn members that's assigned to the Joint Terrorism Task Force, which is a task force with the FBI. They received it the evening of the fifth, reviewed it and then forwarded over to an official at the Intelligence Division over at the US Capitol Police Headquarters. Sen. Amy Klobuchar (MN): And so you hadn't seen it yourself? Steven Sund: No, ma'am. It did not go any further than that. Sen. Amy Klobuchar (MN): Okay. And then was it sent to the House and Senate Sergeant in Arms? I don't believe that went any farther than from over to the sergeant at the intelligence. Sen. Amy Klobuchar (MN): And Mr. Irving. Mr. Stanger, Do you did you get that report beforehand? Mr. Stanger, Did you get the report? Michael Stenger: No. Sen. Amy Klobuchar (MN): Okay, Mr. Irving? Paul Irving: I did not Sen. Amy Klobuchar (MN): Okay. 1:05:36 Sen. Klobuchar: Mr. Sund, you stated in your written testimony that you first made a request for the Capitol Police board to declare an emergency and authorized National Guard support on Monday January 4th, and that request was not granted. Steven Sund: That is correct, ma'am. 1:05:47 Sen. Klobuchar: Your testimony makes clear that the current structure of the Capitol Police corps resulted in delays in bringing in assistance from the National Guard. Would you agree with that? That's one of the things we want to look at. Steven Sund: Yes, ma'am. 1:06:02 Sen. Klobuchar: Do you think that changes are needed to make clear that the Capitol Police Chief has the authority to call in the National Guard? Steven Sund: I certainly do. I think in an exigent circumstances, there needs to be a streamlined process for the Capitol Chief of Police for the Capitol Police to have authority. 1:07:23 Sen. Klobuchar: Mr. Sund your written testimony states that you had no authority to request t

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Congressional Dish
CD228: The Second Impeachment Trial of Donald Trump

Congressional Dish

Play Episode Listen Later Feb 28, 2021 97:35


Donald Trump was acquitted of "Incitement of Insurrection" at the end of his second impeachment trial. Many seem to think this result was inevitable, but that wasn't the case. In this episode, by examining the evidence and how it was presented by the House Impeachment Managers, learn how the trial could have been structured to provide the possibility of a different outcome. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes CD226: The 116th Lame Duck CD206: Impeachment: The Evidence Articles/Documents Article: Georgia Prosecutor Investigating Trump Call Urges Patience, By Associated Press, US News, February 26, 2021 Article: "A Date Which Will Live In Infamy": The Other Scandal From The Capitol Riot, By Jonathan Turley, February 22, 2021 Article: The False and Exaggerated Claims Still Being Spread About the Capitol Riot, By Glenn Greenwald, February 16, 2021 Article: A Step-by-Step Guide to the Second Impeachment of Donald J. Trump, By Weiyi Cai, The New York Times, February 13, 2021 Article: VERIFY: Yes, Donald Trump can be subpoenaed to testify at his impeachment trial, By Katrina Neeper, WUSA, February 12, 2021 Article: Trump's Lawyers Repeated Inaccurate Claims in Impeachment Trial, By Linda Qiu, The New York Times, February 12, 2021 Article: "Much To Do About Nothing": The Withdrawal Of The Lee Claim Has "Much To Do" With A Glaring Flaw In The House Case, By Jonathan Turley, February 11, 2021 Article: Georgia Prosecutors Open Criminal Inquiry Into Trump’s Efforts to Subvert Election, By Richard Fausset and Danny Hakim, The New York Times, February 10, 2021 Article: Senate votes Trump impeachment trial is constitutional, By Marisa Schultz, Fox News, February 9, 2021 Article: “THE PRESIDENT THREW US UNDER THE BUS”: EMBEDDING WITH PENTAGON LEADERSHIP IN TRUMP’S CHAOTIC LAST WEEK, By Adam Ciralsky, Vanity Fair, January 22, 2021 Article: Yes, It Was a Coup Attempt. Here’s Why., By Fiona Hill, Politico, January 11, 2021 Document: House Resolution, Article of Impeachment, U.S. House of Representatives 2021 Article: Fact check: Georgia rejected ballots did not go from 4% to “almost zero” in 2020, By Reuters Staff, Reuters, November 23, 2020 Article: Trump Misinformation on Georgia Ballot Rejections, By Robert Farley, FactCheck.org, November 20, 2020 Insurrection Law and Legal Definition, USLegal Sound Clip Sources Hearing: Senate Impeachment Trial Day 1 - Impeachment Managers, U.S. Senate, February 9, 2021 Defense Congressional Record Transcript: Impeachment Day 1 Transcript: David Shoen: A review of the house record reveals that the speaker streamlined the impeachment process. House Resolution 24 to go straight to the floor for two hour debate and a vote without the ability for amendments. The house record reflects no committee hearing no witnesses, no presentation or cross examination of evidence, and no opportunity for the accused to respond or even have counsel present to object. House managers claim the need for impeachment was so urgent that they had to rush the proceedings, with no time to spare for a more thorough investigation, or really any investigation at all. But that claim is belied by what happened or didn't happen next. The House leadership unilaterally and by choice waited another 12 days to deliver the article to this Senate to begin the trial process. In other words, the House leadership spent more time holding the adopted article than it did on the whole process leading up to the adoption of the article. We say respectfully, that this intentional delay by Speaker Pelosi such that in the intervening period, President Trump became private citizen Mr. Trump constitutes a lapse or waiver of jurisdiction here for Mr. Trump no longer is the president described as subject to impeachment in Article One, Section three, clause six, and in Article two, Section four, and this body therefore has no jurisdiction as a function of that additional due process violation by Speaker Pelosi. Moreover, with all due respect, then President Trump suffered a tangible detriment from Speaker Pelosi has actions which violates not only his rights to due process of law, but also his expressed constitutional right to have the Chief Justice preside. The impeachment articles should be treated as a nullity and dismissed based on the total lack of due process in the house. David Shoen: For example, they contend, citing various law professors that quote any official who betrayed the public trust and was impeached could avoid accountability simply by resigning one minute before the Senate's final conviction vote. This argument is a complete canard. The Constitution expressly provides in Article One, section three clause seven, that a convicted party following impeachment shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law after removal. Clearly, a former civil officer who's not impeached is subject to the same. We have a judicial process in this country we have exactly an investigative process in this country, to which no former office holder is immune. That's the process that should be running its course. Bruce Castor: I mean, let's let's understand why we are really here. We are really here, because the majority in the House of Representatives does not want to face Donald Trump as a political rival in the future. That's the real reason we're here. David Shoen: Presidents are impeachable because presidents are removable. Former presidents are not because they cannot be removed. The Constitution is clear, trial by the Senate sitting as a court of impeachment is reserved for the President of the United States, not a private citizen, or used to be President the United States. Just as clear, the judgment required upon conviction is removed from office and a former president can no longer be removed from office. Rep. Jaime Raskin (MD): Indeed, the most famous of these impeachments occurred, while the famed framers gathered in Philadelphia to write the Constitution. It was the impeachment of Warren Hastings, the former Governor General of the British colony of Bengal, and a corrupt guy. The framers knew all about it, and they strongly supported the impeachment. In fact, the Hastings case was invoked by name at the convention. It was the only specific impeachment case that they discussed at the convention. It played a key role in their adoption of the high crimes and misdemeanors standard. And even though everyone there surely knew that Hastings had left the office, two years before his impeachment trial began, not a single framer, not one raised a concern, when Virginia and George Mason held up the Hastings impeachment as a model for us in the writing of our Constitution. Rep. Jaime Raskin (MD): Senators, Mr. President, to close, I want to say something personal about the stakes of this decision whether President Trump can stand trial and be held to account for inciting insurrection against us. This trial is personal Indeed, for every senator, for remember the house, every manager, all of our staff, the Capitol Police, the Washington DC, Metropolitan Police, the National Guard, maintenance and custodial crews, the print journalists and TV people who were here, and all of our families and friends. I hope this trial reminds America how personal democracy is. And how personal is the loss of democracy to distinguished members of the Senate. My youngest daughter Tabitha, was there with me on Wednesday, January 6. It was the day after we buried her brother, our son Tommy, the saddest day of our lives. Also, there was my son in law, Hank, who's married to our oldest daughter, Hannah, and I consider him a son too, even though he eloped with my daughter and didn't tell us what they were gonna do. But it was in the middle of COVID-19. But the reason they came with me that Wednesday, January sixth, was because they wanted to be together with me in the middle of a devastating week for our family. And I told them, I had to go back to work, because we were counting electoral votes. That day, on January 6, it was our constitutional duty. And I invited them instead to come with me to witness this historic event, the peaceful transfer of power in America. And they said they heard that President Trump was calling on his followers to come to Washington to protest and they asked me directly, would it be safe? Would it be safe? And I told them, of course, it should be safe. This is the Capitol. Steny Hoyer, our majority leader had kindly offered me the use of his office on the House floor, because I was one of the managers that day and we were going through our grief. So Tabitha, and Hank were with me and Stephanie's office, as colleagues dropped by to console us about the loss of our middle child, Tommy, our beloved Tommy, Mr. Newsome, Mr. Cicilline, actually came to see me that day, dozens of members, lots of Republicans, lots of Democrats came to see me. And I felt a sense of being lifted up from the agony and I won't forget their tenderness. And through the tears, I was working on a speech for the floor, when we would all be together in joint session, and I wanted to focus on unity. When we met in the house, I quoted Abraham Lincoln's famous 1838 Lyceum speech, where he said that if division and destruction ever come to America, it won't come from abroad. It'll come from within, said Lincoln. And in that same speech, Lincoln passionately deplored mob violence. Right after the murder of Elijah Lovejoy, the abolitionist newspaper editor, and he did Lincoln deplored mob violence. And he deplored mob rule. And he said it would lead to tyranny and despotism in America. That was the speech I gave that day, after the house, very graciously and warmly welcomed me back. And Tabitha and Hank came with me to the floor, and they watched it from the gallery. And when it was over, they went back to that office, Steny's office, off of the House floor. They didn't know that the house had been breached yet, and that an insurrection or riot, or a coup had come to Congress. And by the time we learned about it, about what was going on, it was too late. I couldn't get out there to be with them in that office. And all around me, people were calling their wives and their husbands their loved ones to say goodbye. Members of Congress in the house anyway, we're removing their congressional pins, so they wouldn't be identified by the mob as they tried to escape the violence. Our new chaplain got up and said a prayer for us and we were told to put our gas masks on. And then there was a sound I will never forget the sound of pounding on the door like a battering ram, to most haunting sound I ever heard and I will never forget it. My Chief of Staff truly taken was with Tabitha and Hank locked and barricaded in that office. The kids hiding under the desk, placing what they thought were their final texts, and whispered phone calls to say their goodbyes, they thought they were gonna die. My son in law have never even been to the Capitol before. And when they were finally rescued over an hour later by Capitol officers, and we were together, I hugged them. And I apologized. And I told my daughter Tabitha, who's 24 and a brilliant algebra teacher in Teach for America. Now, I told her how sorry I was. And I promised her that it would not be like this again. The next time she came back to the Capitol with me. And you know what she said? She said, Dad, I don't want to come back to the Capitol. Of all the terrible brutal things I saw and I heard on that day. And since then, that one hit me the hardest. That and watching someone use an American flag pole. The flag still on it, to spear and pummel one of our police officers ruthlessly mercilessly tortured by a pole with a flag on it that he was defending with his very life. People died that day. Officers ended up with head damage and brain damage, people's eyes were gouged. Officer a heart attack. Officer lost three fingers that day. Two officers have taken their own lives. Senators, this cannot be our future. This cannot be the future of America. We cannot have presidents inciting and mobilizing mob violence against our government and our institutions, because they refuse to accept the will of the people under the Constitution of the United States. Much less can we create a new January exception in our precious beloved constitution that prior generations have died for and fought for, so the corrupt presidents have several weeks to get away with whatever it is they want to do. History does not support a January exception in any way. So why would we invent one for the future? Rep. Jaime Raskin (MD): And there can be no doubt that the Senate has the power to try this impeachment. We know this because Article One, Section Three gives the senate the sole power to try all impeachments the Senate has the power, the sole power to try all impeachments all means all and they're no exceptions to the rule because the Senate has jurisdiction to try all impeachments It most certainly has jurisdiction to try this one. Rep. Jaime Raskin (MD): The first point comes from English history, which matters because in Hamilton road, England provided the model from which the idea of this institution has been borrowed, and it would have been immediately obvious to anyone familiar with that history that former officials could be held accountable for their abuses while in office. Every single impeachment of a government official that occurred during the framers lifetime concerned a former official. Rep. Joe Neguse (CO): Let's start with the precedent with what has happened in this very chamber. I'd like to focus on just two cases. I'll go through them quickly. One of them is the nation's very first impeachment case, which actually was of a former official. In 1797, about a decade after our country had ratified our Constitution, there was a senator from Tennessee by the name of William blunt, who was caught conspiring with the British to try to sell Florida and Louisiana. Ultimately, President Adams caught him. He turned over the evidence to Congress. Four days later, the House of Representatives impeached him. A day after that, this body the United States Senate, expelled him from office. So he was very much a former official. Despite that, the house went forward with its impeachment proceeding in order to disqualify him from ever again, holding federal office. And so the senate proceeded with the trial with none other than Thomas Jefferson presiding. Now, blood argue that the Senate couldn't proceed because he had already been expelled. But here's the interesting thing. He expressly disavowed any claim that former officials can't ever be impeached. I mean, unlike President Trump, he was very clear that he respected and understood that he could not even try to argue that ridiculous position. Even impeached, Senator Blunt, recognized the inherent absurdity of that view. Here's what he said. 'I certainly never shall contend that an officer may 1 commit an offense and afterwards avoid by resigning his office.' That's the point. And there was no doubt because the founders were around to confirm that that was their intent and the obvious meaning of what is in the Constitution. Rep. Joe Neguse (CO): William Belknap I'm not going to go into all the details, but just in short in 1876, the House discovered that he was involved in a massive kickback scheme. hours before the House committee that discovered this conduct released its report documenting the scheme. Belknap literally rushed to the White House to resign tender his resignation to President Ulysses Grant to avoid any further inquiry into his misconduct, and of course, to avoid being disqualified from holding federal office in the future. Well, later that day, aware of the resignation, what did the house do? The House move forward and unanimously impeached him, making clear its power to impeach a former official and when his case reached the Senate, this body Belknap made the exact same argument that President Trump is making today. That you all lacked jurisdiction any power to try him because he's a former official. Now many senators. At that time when they heard that argument. Literally, they were sitting in the same chairs you all are sitting in today, they were outraged by that argument. outraged. You can read their comments in the record. They knew it was a dangerous, dangerous argument with dangerous implications. It would literally mean that a president could betray their country, leave office and avoid impeachment and disqualification entirely. And that's why, in the end, the United States Senate decisively voted that the constitution required them to proceed with the trial. Rep. Joe Neguse (CO): And just imagine the consequences of such an absurd interpretation of the Constitution. I mean, if, if President Trump were right about that language, then officials could commit the most extraordinary destructive offenses against the American people high crimes and misdemeanors, and they'd have total control over whether they can ever be impeached. And if they are, whether the Senate can try the case, if they want to escape any public inquiry into their misconduct, or the risk of disqualification from future office, and it's pretty simple, they just could just resign one minute before the house impeaches or even one minute before the Senate trial or they could resign during the senate trial. It's not looking so well. That would effectively erase disqualification from the Constitution. It would put wrongdoers in charge of whether the senate can try them. Bruce Castor: The argument about the 14th amendment is absolutely ridiculous. The house managers tell you that the president should be impeached because he violated the 14th amendment. And here's what the 14th Amendment says. no person shall be a senator or representative in Congress, or elector of President and Vice President, or hold any office, civil or military under the United States, or any other state, who having previously taken an oath as a member of Congress, or as an officer of the United States, or a member of any state legislature, or as an executive or judicial Officer of any state to support the Constitution, and shall have engaged in insurrection or rebellion against the same or given aid or comfort to the enemies thereof. But Congress may vote by two thirds of each house to remove such disability. Now, it doesn't take a constitutional scholar to recognize that that's written for people who fought for the Confederacy, or previous military officers who were in the government and not the Confederacy. And it does take a constitutional scholar to require that they be convicted first. In a court with due process of law. So that question can never be right until those things have happened. Bruce Castor: If my colleagues on this side of the chamber actually think that President Trump committed a criminal offense, and let's understand a high crime is a felony, and a misdemeanor is a misdemeanor, the words haven't changed that much over the time. After he's out of office, you go and arrest him. So there is no opportunity where the President of the United States can run rampant in January the end of his term and just go away scot free. The Department of Justice does know what to do with such people. And so far, I haven't seen any activity in that direction. And not only that, the people who stormed this building and breached it. We're not accused of conspiring with the President. Hearing: Senate Impeachment Trial Day 2 - Part 1, U.S. Senate, February 10, 2021 Part 2 Part 3 Part 4 Congressional Record Transcript: Impeachment Day 2 Transcript: Rep. Madeleine Dean (PA): He then contacted Majority Leader of the Michigan Senate, Mike Shirkey, and the Speaker of the Michigan House, Lee Chatfield to lobby them to overturn Michigan's results. Trump invited Mr. Chatfield and Mr. Shirkey to Washington to meet with him at the White House, where the President lobbied them further. Let's be clear, Donald Trump was calling officials, hosting them at the White House, urging them to defy the voters in their state and instead award votes to Trump. The officials held strong and so Trump moved on to a different state, my home state of Pennsylvania. I am certain my Senators, Casey and Senator Toomey remember what happened there in early December as he did in Michigan. He began calling election officials, including my former colleagues in the Pennsylvania legislature, Republicans, Majority Leader Kim Ward, and Speaker of the House, Brian Cutler. Majority Leader Ward said the president called her to, "declare there was a fraud in the voting," then on November 25, President Trump phoned into a Republican state senate policy hearing, trying to convince the Republican legislators, Senators and House members, there had been a fraud in the vote. He even had his lawyer hold a phone up to the microphone in that hearing room. So the committee could hear him. Here is what he said.Donald Trump: We can't let that happen. We can't let it happen for our country. And this election has to be turned around because we won Pennsylvania by a lot. And we won all of these swing states by a lot. Rep. Madeleine Dean (PA): This was a gathering. I've attended many I have to tell you, as a former state legislator, a lot of policy hearings, I have to say with some confidence that was likely the first time a President of the United States of America called into a state legislative policy hearing. And remember, here is the President saying he won Pennsylvania and Pennsylvania had been certified for that Biden had won by more than 80,000 votes. Less than a week after calling into that meeting, he invited multiple Republican members of the Pennsylvania legislature to the White House, the same scheme he had used on the Michigan legislators. It didn't work with those public servants either. Think about it. The President of the United States was calling public officials from the White House, inviting them into the Oval Office, telling them to disenfranchise voters of their state, telling them to overturn the will of the American people. All so he could take the election for himself. Rep. Madeleine Dean (PA): And then in Georgia, a state Trump had counted on for victory, his conduct was perhaps the most egregious. On November 11, Republican Secretary of State Brad Raffensperger confirmed that he believed ballots were accurately counted for Biden. Trump went on a relentless attack. Here are just a few examples. In all Trump tweeted at Raffensperger 17 times in the coming week. Show us just a few calling him "a disaster, obstinate, not having a clue, being played for a fool" and being a "so-called Republican" all because Raffensperger was doing his job ensuring the integrity of our elections. Rep. Madeleine Dean (PA): In early December, Trump called Brian Kemp, the Governor of Georgia and pressured him to hold a special session of the state legislature to overturn the election results and to appoint electors who would vote for Trump. A few weeks later on December 23, Trump called the Chief Investigator for the Georgia Bureau of Investigations, who was conducting an audit. An audit of the signature matching procedures for absentee ballots. Trump urged him, "find the fraud" and claimed the official would be a national hero if he did. Let's call this what it is. He was asking the official to say there was evidence of fraud when there wasn't any. The official refused and the investigation was completed. And on December 29, Raffensperger announced that the audit found, quote, no fraudulent absentee ballots with a 99% confidence level. On January 3rd, Trump tweeted about a call he had with Georgia election officials the day before. He said, "I spoke to Secretary of State Brad Raffensperger yesterday about Fulton County and voter fraud in Georgia. He was unwilling or unable to answer questions such as the ballots under the table scan, ballot destruction, out of state voters, dead voters and more. He has no clue." On January the fifth, The Washington Post released a recording of that call, which had occurred on January 2nd, remember, just four days before the attack on the Capitol. Here is what President Trump said: Donald Trump: It's more illegal for you than it is for them. Because you know what they did and you're not reporting it. That's it. You know, that's a criminal offense. And as you know, you can't let that happen. That's that's a big risk to you and to Ryan, your lawyers. That's a big risk. Rep. Madeleine Dean (PA): Let's be clear. This is the President of the United States telling a secretary of state that if he does not find votes, he will face criminal penalties. And not just any number of votes. Donald Trump was asking the Secretary of State to somehow find the exact number of votes Donald Trump lost the state by. Remember, President Biden won Georgia by 11,779 votes. In his own words, Trump said 'All I want to do is this. I just want to find 11,780 votes.' He wanted the Secretary of State to somehow find the precise number plus one so that he could win. Here's what he said Donald Trump: Well, look, I want to do is this I just want to find 11,780 votes, which is one more than we have. Rep. Madeleine Dean (PA): He says it right there. The President of the United States, telling a public official to manufacture the exact votes needed so he can win. Rep. Ted Lieu (CA): But when Rosen took over, President Trump put the same pressure on him that he had done with state officials, members of Congress, US senators and his former Attorney General. President Trump reportedly summoned acting Attorney General Rosen to the oval office the next day, and pressured Rosen to appoint special counsels to keep investigating their election, including unfounded accusations of widespread voter fraud, and also to investigate Dominion, the voting machines firm. According to reports, Mr. Rosen refused. To maintain that he will make decisions based on the facts in the law and reminded President Trump what he had already been told by Attorney General bill Barr, that the department had already investigated and quote found no evidence of widespread fraud. But President Trump refused to follow the facts in the law. So the President turned to someone he knew would do his bidding. He turned to Jeffrey Clark, another Justice Department lawyer, who had allegedly expressed support for using the Department of Justice to investigate the election results. Shortly after acting Attorney General Rosen followed his duty and the law to refuse to reopen investigations. President Trump intended to replace Mr. Rosen with Mr. Clark, who could then try to stop Congress from certifying the electoral college results. According to reports, White House Counsel Pat Cippollone advised President Trump, not to fire acting Attorney General Rosen. Department officials had also threatened to resign en mass if he had fired Rosen. Rep. Ted Lieu (CA): Trump reportedly told almost anyone who called him to also call the Vice President. According to reports, when Mike Pence was in the Oval Office, President Trump would call people to try to get them to convince the Vice President to help him. Rep. Ted Lieu (CA): You can either go down in history as a patriot, Mr. Trump told him, according to people briefed on the conversation or you can go down in history as a pussy. Del. Stacey Plaskett (VI): Pezzola has since been charged with eight federal crimes for his conduct related to January sixth. According to an FBI agents affidavit submitted to the court, the group that was with him during the sack of the capital confirm that they were out to murder 'anyone they got their hands on.' Here's what the FBI said. And I quote, 'other members of the group talked about things they had done that day. And they said that anyone they got their hands on, they would have killed, including Nancy Pelosi,' and that, 'they would have killed Vice President Mike Pence. If given the chance.' Rep. David Cicilline (RI): Rep. David Cicilline (RI): Those around Donald Trump, as was later reported, were disgusted. His close aides, his advisors, those working for him former officials, even his family were begging him to do something. Kelly Anne Conway, the President's close advisor call to quote, add her name to the chorus of aides urging Donald Trump to take action. Ivanka Trump, the President's own daughter went to the Oval Office as soon as the writing escalated and was as confirmed by Senator Graham "trying to get Trump to speak out to tell everyone to leave." Minority Leader Kevin McCarthy called Jared Kushner pleading with him to persuade Trump to issue a statement or to do something. And Kushner too, went down to the White House after that call. And it wasn't just the people at the White House. Members of Congress from both parties who were trapped here, calling the White House to ask for help. Rep. David Cicilline (RI): The President, as reported by sources, at the time was delighted to see watch the violence unfold on television. President Trump was reportedly and I quote 'borderline enthusiastic, because it meant the certification was being derailed.' Rep. David Cicilline (RI): Senator Ben Sasse related conversation with senior White House officials that President Trump was "walking around the White House confused about why other people on his team weren't as excited as he was." Rep. David Cicilline (RI): He attempted to call Senator Tuberville, dialed Senator Lee by accident. Senator Lee describes it, he had just ended a prayer with his colleagues here in the Senate chamber and phone rang. It was Donald Trump. And now Senator Lee explains that the phone call goes something like this. Hey Tommy, Trump asks, and Senator Lee says this isn't Tommy and he hands the phone to Senator Tuberville. Certainly then confirm that he's stood by as Senator Tuberville and President Trump spoke on the phone. And on that call, Donald Trump reportedly asked Senator Tuberville to make additional objections to the certification process. That's why he called. Rep. Joaquin Castro (TX): An aide to Mark Meadows, the President's Chief of Staff, urged his boss to go see the president saying, "they are going to kill people." Rep. Joaquin Castro (TX): On January 6th, President Trump left everyone in this capital for dead. Hearing: Senate Impeachment Trial Day 3 - Part 1, U.S. Senate, February 11, 2021 Part 2 Congressional Record Transcript: Impeachment Day 3 Transcript: Rep. David Cicilline (RI): Senators, simply put, this mob was trying to overthrow our government. Rep. Joaquin Castro (TX): According to charging documents, Riley Williams allegedly helped steal a laptop from Speaker Pelosi his office to, 'send the computer device to a friend in Russia, who then plan to sell the device to SVR Russia's Foreign Intelligence Service.' While we can't be certain if or how many foreign spies infiltrated the crowd, or at least coordinated with those who did, we can be sure that any enemy who wanted access to our secrets would have wanted to be part of that mob inside these holes. Hearing: Senate Impeachment Trial Day 4, U.S. Senate, February 12, 2021 Part 1 Part 2 Congressional Record Transcript: Impeachment Day 4 Transcript: Michael Van Der Veen: According to publicly available reporting, it is apparent that extremists of various different stripes and political persuasions, preplanned and premeditated an attack on the Capitol. One of the first people arrested was a leader of Antifa. Sadly, he was also among the first to be released. From the beginning, the President has been clear. The criminals who infiltrated the Capitol must be punished to the fullest extent of the law. They should be in prison for as long as the law allows. The fact that the attacks were apparently premeditated, as alleged by the house managers, demonstrates the ludicrousness of the incitement allegation against the President. You can't incite what was already going to happen. Michael Van Der Veen: Law enforcement officers at the scene conducted themselves heroically and courageously and our country owes them an eternal debt. But there must be a discussion of the decision by political leadership regarding force posture and security in advance of the event. Michael Van Der Veen: Consider the language that the house impeachment article alleges to constitute incitement. If you don't fight like hell, you're not going to have a country anymore. This is ordinary political rhetoric that is virtually indistinguishable from the language that has been used by people across the political spectrum for hundreds of years. David Schoen: Speaker Pelosi herself on February 2nd, called for a 9-11 style commission to investigate the events of January 6th. Speaker Pelosi says that the Commission is needed to determine the causes of the events she says it herself. If an inquiry of that magnitude is needed to determine the causes of the riot, and it may very well be, then how can these same Democrats have the certainty needed to bring articles of impeachment and blame the riots on President Trump? They don't. David Schoen: As any trial lawyer will tell you reportedly is a euphemism for I have no real evidence. Michael Van Der Veen: Brandenburg versus Ohio is really the landmark case on the issue of incitement speech. After the case was mentioned yesterday, in the Brandenburg v. Ohio case, another landmark, the court held that the government may only suppress speech for advocating the use of force or a violation of law. If such advocacy is directed to inciting or producing imminent lawless action, and is likely to incite or produce such action. The Brandenburg holding has been interpreted as having three basic prongs to determine if speech meets the definition of incitement. The Brandenburg test precludes speech from being sanctioned as incitement to a riot, unless, this: one, the speech explicitly or implicitly encouraged use of violence or lawless action. Two, the speaker intends that his speech will result in use of violence or lawless action. And three, the imminent use of violence or lawless action is likely is the likely result of the speech. The house managers cannot get past the first prong of the Brandenburg test. They have not and cannot prove Mr. Trump explicitly or implicitly encouraged use of violence or lawless action period. Bruce Castor: Did the 45th President engage in incitement? They continue to say insurrection? Clearly, there was no insurrection. Insurrection is a term defined in the law and involves taking over a country, a shadow government, taking the TV stations over and having some plan on what you're going to do when you finally take power. Clearly, this is not that. What our colleagues here across the aisle meant is incitement to violence. To riot. Bruce Castor: Several of my colleagues and the house managers got up and spoke about the proceeding in the House being like a Grand Jury proceeding. Well, I've been in Grand Jury proceedings. I have run grand juries, in Grand Jury proceedings you call witnesses. You hear evidence. You make transcripts. You take affidavits, you develop physical evidence. You hear reports from police officers, you hear forensic analysis from scientists. In fact, you invite the target of the grand jury to come in and testify if he or she pleases to be heard by the grand jury. Which one of those things happened in the house prior to the impeachment article? Bruce Castor: The House managers told you that the President demanded that the Georgia Secretary of State, "find just over 11,000 votes." The word find like so many others, the house managers highlighted is taken completely out of context. And the word "find" did not come out of thin air. Based on an analysis of publicly available voter data, that the ballot rejection rate in Georgia in 2016, was approximately 6.42%. And even though a tremendous amount of new first time mail in ballots were included in the 2020 count, the Georgia rejection rate in 2020, was a mere four tenths of 1%. A drop off from 6.42% to 0.04%. Bruce Castor: With that background, it is clear that President Trump's comments and the use of the word "find" were solely related to his concerns with the inexplicable dramatic drop in Georgia's ballot rejection rates. Rep. Jaime Raskin (MD): The problem was when the President went from his judicial combat, which was fine to intimidating and bullying, state election officials and state legislators. And then finally, as Representative Cheney said, summoning a mob, assembling a mob and then lighting the match for an insurrection against the union. When he crossed over from non violent means, no matter how ridiculous or absurd, that's fine, he's exercising his rights, to inciting violence. That's what this trial is about. Speaker: Exactly when did President Trump learn of the breach of the Capitol? What specific actions did he take to bring the writing to an end? And when did he take them? Please be as detailed as possible. Speaker: Exactly when did the President learn of the breach at the Capitol? And what steps did he take to address the violence? Please be as detailed as possible. Del. Stacey Plaskett: Mr. President, Senators, This attack was on live TV on all major networks in real time. The President as President has access to intelligence information, including reports from inside the Capitol. He knew the violence that was underway. He knew the severity of the threats. And most importantly, he knew the Capitol Police were overwhelmingly outnumbered in a fight for their lives against 1000s of insurgents with weapons. We know he knew that. We know that he did not send any individuals. We did not hear any tweets. We did not hear him tell those individuals stop. This is wrong. You must go back. We did not hear that. So what else do the president do? We are unclear. But we believe it was a dereliction of his duty. And that was because he was the one who had caused them to come to the Capitol. And they were doing what he asked them to do. So there was no need for him, to stop them from what they were engaged in. Michael Van Der Veen: This is an article of impeachment for incitement. This is not an article of impeachment for anything else. So one count, they could have charged anything they wanted. They chose to charge incitement. Rep. Joaquin Castro (TX): Senators, Donald Trump spent months inciting his base to believe that their election was stolen. And that was the point. That was the thing that would get people so angry. Think about that. What it would take to get a large group of 1000s of Americans so angry to storm the Capitol. That was the purpose behind Donald Trump saying that the election had been rigged, and that the election had been stolen. And to be clear, when he says the election is stolen, what he's saying is that the victory and he even says one time the election victory is being stolen from them. Think about how significant that is to Americans. Again, you're right over 70 million, I think 74 million people voted for Donald Trump. And this wasn't a one off comment. It wasn't one time it was over and over and over and over and over again with a purpose. Rep. Joaquin Castro (TX): We let the people decide the elections, except President Trump. He directed all of that rage that he had incited to January 6. The last chance. Again, this was his last chance this was certifying the election results. He needed to whip up that mob. Amp them up enough to get out there and try to stop the election results. The certification of the election. Sen. Ron Johnson: House managers assert that the January 6th attack was predictable and it was foreseeable. If so, why did it appear that law enforcement at the Capitol were caught off guard and unable to prevent the breach? Why did the house Sergeant at Arms reportedly turned down a request to activate the National Guard stating that he was not comfortable with the optics? Michael Van Der Veen: Holy cow. That is a really good question. And had the House Managers done their investigation, maybe somebody would have an answer to that. But they didn't. They did zero investigation. They did nothing. They looked into nothing. They read newspaper articles, they talked to their friends who know a TV reporter or something or someone or another. But Jimmy Crickets, there is no due process in this proceeding at all. And that question highlights the problem. When you have no due process. You have no clear cut answers. Del. Stacey Plaskett: He put together the group that would do what he wanted. And that was to stop the certification of the election so that he could retain power to be President of the United States, in contravention of an American election. Rep. Joaquin Castro (TX): He intended, wanted to, and tried to overturn the election by any means necessary. He tried everything else that he could to do to win. He started inciting the crowd, issuing tweet after tweet, issuing commands to stop the count, stop the steal, worked up the crowd, sent a save the date. So it wasn't just one speech or one thing he was trying everything. He was pressuring elected officials, he was riling up his base telling him the election had been stolen from them, that it had been stolen from him. It was a combination of things that only Donald Trump could have done. Hearing: Senate Impeachment Trial Day 5, Vote on Calling Witnesses, U.S. Senate, February 13, 2021 Additional Session Video Closing Arguements Congressional Record Transcript: Impeachment Day 5 Transcript: Rep. Jaime Raskin (MD): But last night, Congresswoman Jamie Herrera Butler of Washington State issued a statement confirming that in the middle of the insurrection, when House Minority Leader Kevin McCarthy called the president to beg for help, President Trump responded and I quote, 'Well, Kevin, I guess these people are more upset about the election than you are.' Needless to say this is an additional critical piece of corroborating evidence further confirming the charges before you, as well as the President's willful dereliction of duty and desertion of duty as Commander in Chief of the United States, his state of mind, and his further incitement of the insurrection on January 6th, for that reason, and because this is the proper time to do so under the resolution that the Senate adopted to set the rules for the trial. We would like the opportunity to subpoena Congresswoman Herrera regarding her communications with House Minority Leader Kevin McCarthy, and to subpoena her contemporaneous notes that she made regarding what President Trump told Kevin McCarthy in the middle of the insurrection, we would be prepared to proceed by zoom deposition of an hour or less, just as soon as Congresswoman Herrera Butler is available, and to then proceed to the next phase of the trial, including the introduction of that testimony shortly thereafter, Congresswoman Butler further stated that she hopes other witnesses to this part of the story, other patriots as she put it, would come forward and if that happens, we would seek the opportunity to take their depositions via Zoom also for less than an hour, or to subpoena other relevant documents as well. Michael Van Der Veen: What you all need to know and the American people need to know is as of late yesterday afternoon, there was a stipulation going around that there weren't going to be any witnesses. But after what happened here in this chamber yesterday, the house managers realize they did not investigate this case before bringing the impeachment. They did not give the proper consideration and work they didn't put the work in, that was necessary to impeach the former president. But if they want to have witnesses, I'm going to need at least over 100 depositions, not just one, the real issue is incitement. They put into their case, over 100 witnesses, people who have been charged with crimes by the federal government. And each one of those they said that Mr. Trump was a co-conspirator with. That's not true. But I have the right to defend that. The only thing that I ask if you vote for witnesses, do not handcuff me by limiting the number of witnesses that I can have. I need to do a thorough investigation that they did not do. Michael Van Der Veen: We should close this case out today. Michael Van Der Veen: It's about the incitement. It's not about what happened afterwards. That's actually the irrelevant stuff. That's the irrelevant stuff. It's not the things that were said from the election to January 6th. It's not relevant to the legal analysis of the issues that are before this body. It doesn't matter what happened after the insurgence into the Capitol Building, because that doesn't have to do with incitement. Incitement, it's a point in time, folks. It's a point in time when the words are spoken, and the words say, implicitly say, explicitly, say, commit acts of violence, or lawlessness. And we don't have that here. So for the house managers to say we need depositions about things that happened after it's just not true. Michael Van Der Veen: Nancy Pelosi's deposition needs to be taken comm Vice President Harris's deposition absolutely needs to be taken and not by zoom. None of these depositions should be done by Zoom. We didn't do this hearing by Zoom. These depositions should be done in person in my office in Philadelphia. That's where they should be done. Bruce Castor: Donald John Trump, by his counsel, is prepared to stipulate that if the if representative Herrera Butler were to testify under oath as part of these proceedings, her testimony would be consistent with the statement she issued on February 12 2021. And the former President's Council is agreeable to the admission of that public statement into evidence at this time. Rep. Jaime Raskin (MD): I will now read this statement. This is the statement Congresswoman Jamie Herrera Butler February 12 2021. In my January 12 statement in support of the Article of Impeachment, I referenced a conversation House Minority Leader Kevin McCarthy relayed to me that he'd had with President Trump, while the January 6th attack was ongoing. Here the details. When McCarthy finally reached the President on January 6, and asked him to publicly and forcefully call off the riot. The President initially repeated the falsehood that it was Antifa that had breached the Capitol. McCarthy refuted that and told the president that these were Trump supporters. That's when according to McCarthy, the President said, 'Well, Kevin, I guess these people are more upset about the election than you are.' Rep. David Cicilline (RI): There was a lot of discussion yesterday about what the President knew. And when he knew it. There are certain things that we do not know about what the President did that day. Because the President, that is former President Trump has remained silent. But what he was doing during one of the bloodiest attacks on our capital since 1812. Despite a full and fair opportunity to come forward, he's refused to come and tell his story. Rep. David Cicilline (RI): There can be no doubt. At the moment we most needed a president to preserve, protect and defend us, President Trump instead willfully betrayed us. He violated his oath. He left all of us in offices like Eugene Goodman, to our own devices against an attack he had incited and he alone could stop. Interviewer: Can you give a direct answer you will accept the election to see Donald Trump: I have to see, oh, I'm not going to just say yes. And this election will be the most rigged election in history, this is going to be the greatest election disaster in history. And the only way they can take this election away from us, is if this is a rigged election, we're gonna win this election, which a rigged election, the only way we're gonna lose, do you commit to making sure that there's a nice little word for all of we want to have get rid of the ballots, and you'll have a very transfer will have a very peaceful, they won't be a transfer, frankly, there'll be a continuation, it's the only way we're gonna that's the only way we're gonna lose is if there's mischief, mischief, and it'll have to be on a big scale. So be careful. But this will be one of the greatest fraudulent and most fraudulent elections ever. We're not going to let this election be taken away from us. That's the only way they're gonna win. This is a fraud on the American public. This is an embarrassment to our country. We were getting ready to win this election. Frankly, we did win this election. We were winning in all the key locations by a lot, actually. And then our numbers started miraculously getting whittled away in secret. And this is a case where they're trying to steal an election. They're trying to rig an election. And we can't let that happen. You can't let another person steal that election from you. all over the country. People are together, in holding up signs stop this deal. If we don't root out the fraud, the tremendous and horrible fraud that's taken place in our 2020 election. We don't have a country anymore. We cannot allow a completely fraudulent election to stand. We're gonna fight like hell, I'll tell you, right. If you don't fight to save your country with everything you have, you're not gonna have a country left. We will not bend we will not break we will not yield. We will never give in. We will never give up we will never back down. We will never ever surrender. All of us here today do not want to see our election victory stolen. We will never give up. We will never concede it doesn't happen. You don't concede when there's steps. And you use a favorite term that all of you people really came up with. We will stop the steel. Because you'll never take back our country with weakness. You have to show strength and you have to be strong. Make no mistake, this election was stolen from you from me and from the country. And we fight. We fight like hell. And if you don't fight like hell, you're not gonna have a country anymore. Michael Van Der Veen: Because their case is so weak that house managers have taken a kitchen sink approach to the supposedly single article of impeachment. They allege that Mr. Trump incited the January 6th violence. They alleged that he abused power by attempting to pressure Georgia Secretary of State Raffensburger to undermine the results of the 2020 election and they allege that he gravely and endangered the democratic system by interfering with a peaceful transition of power. At least three things there. Under the Senate rules, each of these allegations must have been alleged in a separate article of impeachment. Sen. Patrick Leahy (VT): It is therefore ordered and adjudged that the said Donald John Trump is hereby acquitted the charge in said article. Sen. Mitch McConnell: Indeed, Justice Story specifically reminded that while former officials were not eligible for impeachment or conviction, they were, and this is extremely important, still liable to be tried and punished and the ordinary tribunals of justice. Put another way, in the language of today, President Trump is still liable for everything he did while he was in office. As an ordinary citizen, unless the statute of limitations is run, still liable for everything he did, while he's in office. Didn't get away with anything. Yet. Yet. Sen. Mitch McConnell: January 6th was a disgrace. American citizens attacked their own government. They use terrorism to try to stop a specific piece of domestic business they did not like. Fellow Americans beat and bloodied our own police. They stormed the senate floor. They tried to hunt down the Speaker of the House. They built a gallows and chanted about murdering the Vice President. They did this because they'd been fed wild falsehoods by the most powerful man on earth. Because he was angry he lost an election. Former President Trump's actions preceded the riot or a disgraceful, disgraceful dereliction of duty. The house accused the former president of "incitement." That is a specific term from the criminal law. Let me just put that aside for a moment and reiterate something I said weeks ago. There's no question, none. That President Trump is practically and morally responsible for provoking the events of the day. No question about it. The people who stormed this building believed they were acting on the wishes and instructions of their president. And having that belief was a foreseeable consequence of the growing crescendo of false statements, conspiracy theories and reckless hyperbole, which the defeated president kept shouting into the largest megaphone on planet Earth. The issue is not only the President's intemperate language on January 6, it is not just his endorsement of remarks, in which an associate urged "trial by combat." It was also the entire manufactured atmosphere of looming catastrophe. The increasingly wild myths about a reverse landslide election that was somehow being stolen. Some secret coup by our now president. Now I defended the President's right to bring any complaints to our legal system. The legal system spoke the electoral college vote. As I stood up and said clearly at that time, the election was settled, over. That just really opened a new chapter of even wilder, wilder and more unfounded claims. The leader the free world cannot spend weeks thundering that shadowy forces are stealing our country and then feigned surprise when people believe him and do reckless things. Sadly, many politicians sometimes make overheated comments or use metaphors, we saw that, that unhinge listeners might take literally. But that was different. That's different from what we saw. This was an intensifying crescendo of conspiracy theories, orchestrated by an outgoing president who seemed determined to either overturn the voters decision or else torch our institutions on the way out. The unconscionable behavior did not end when the violence actually began. Whatever our ex president claims he thought might happen that day whatever right reaction he says he meant to produce by that afternoon. We know he was watching the same live television as the rest of us. A mob was assaulting the Capitol in his name. These criminals were carrying his banners, hanging his flags and screaming their loyalty to him. It was obvious that only President Trump could end this. He was the only one who could. Former aides publicly begged him to do so. Loyal allies frantically called the administration did not act swiftly. He did not do his job. He didn't take steps so federal law could be faithfully executed and order restored. No. Instead, according to public reports, he watched television happily. Happily, as the chaos unfolded, pressing his scheme to overturn the election. Now, even after it was clear to any reasonable observer that Vice President Pence was in serious danger, even as the mob carrying Trump banners, beating cops and breaching parameters. Their president sent a further tweet attacking his own vice president. Now predictably and foreseeably. Under the circumstances, members of the mob seem to interpret this as a further inspiration, lawlessness and violence, not surprisingly, later, even when the President did half heartedly began calling for peace. He didn't call right away for the right, good and who did not tell the mob to depart until even later. And even then, with police officers bleeding and broken glass covering Capitol floors, he kept repeating election lies and praising the criminals. In recent weeks, our ex presidents associates have tried to use the 74 million Americans who voted to reelect him as a kind of human shield against criticism. Using the 74 million who voted for him is kind of a human shield against criticism. Anyone who describes his awful behavior is accused of insulting millions of voters. That's an absurd deflection. 74 million Americans did not invade the capital. Hundreds of rioters did. 74 million Americans did not engineer the campaign of disinformation and rage that provoked it. One person did. Just one. I've made my view of this episode very plain. But our system of government gave the Senate a specific task. The Constitution gives us a particular role. This body is not invited to act as the nation's overarching moral tribunal. We're not free to work backward from whether the accused party might personally deserve some kind of punishment. Justice Joseph Story, our notions first great constitutional scholar. As he explained nearly 200 years ago, the process of impeachment and conviction is a narrow tool. A narrow tool for a narrow purpose. Story explained this limited tool exists to, "secure the state against gross official misdemeanors," That is to protect the country from government officers. If President Trump were still in office, I would have carefully considered whether the house managers prove their specific charge. By the strict criminal standard, the President's speech probably was not incitement. However, however, in the context of impeachment, the Senate might have decided this was acceptable shorthand for the reckless actions that preceded the ride. But in this case, the question is moot because former President Trump is constitutionally not eligible for conviction. Now, this is a closed question. No doubt. Donald Trump was the president when the House voted, though not when the House chose to deliver the papers. Brilliant scholars argue both sides of this jurisdictional question. The text is legitimately ambiguous. I respect my colleagues who've reached either conclusion. But after intense reflection, I believe the best constitutional reading shows that article two, Section Four exhausts the set of persons who can legitimately be impeached tried or convicted. It's the president. It's the Vice President and civil officers. We have no power to convict and disqualify a former officeholder who is now a private citizen. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

covid-19 united states america tv american history president donald trump english earth house washington england state americans british new york times zoom story russia michigan joe biden ohio washington dc philadelphia speaker vice president tennessee pennsylvania dad chief north vote congress white house fbi trial harris teach hamilton republicans louisiana washington post democrats council effort senate governor adams fox news secretary capitol commission constitution senators butler officer arms donations hundreds brilliant nancy pelosi needless mccarthy abraham lincoln impeachment commander amendment washington state dominion mike pence attorney generals loyal vanity fair reuters politico investigations happily insurrection barr antifa national guard officers rosen herrera thomas jefferson oval office justice department hastings kevin mccarthy blunt sergeant step guide brandenburg us news confederacy commander in chief bengal grand jury fact check united states senate chief justice ivanka trump jared kushner capitol building newsome governor general fulton county mark meadows capitol police kellyanne conway brian kemp george mason metropolitan police hwy ulysses grant toomey wusa georgia secretary lyceum tuberville chatfield majority leader incitement chief investigator michigan house house resolution georgia bureau belknap congressional dish michigan senate crestview steny hoyer music alley republican secretary cicilline article one elijah lovejoy steny donald trump it cover art design david ippolito article trump
Congressional Dish
CD226: The 116th Lame Duck

Congressional Dish

Play Episode Listen Later Jan 25, 2021 124:41


We just lived through the craziest lame duck period - the time between when the President and members of Congress keep their power after being fired in an election - in United States history. In this episode, we look at everything that happened, from start to finish. That was literally one Hell of a ride. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes CD221: Kicking the Funding Can Bills H.R. 1520 (116th): Further Extension of Continuing Appropriations Act, 2021 Congress.gov H.J.Res. 110 (116th): Extension of Continuing Appropriations Act, 2021 Congress.gov H.J.Res. 107 (116th): Further Additional Continuing Appropriations Act, 2021 Congress.gov H.R. 8900 (116th): Further Continuing Appropriations Act, 2021, and Other Extensions Act Congress.gov Articles/Documents Article: Democrats ask ethics panel to investigate Sens. Cruz, Hawley, By Kevin Freking, AP, January 21, 2021 Article: Lawmakers Were Feet and Seconds Away From Confrontation With the Mob in the Capitol, By Ted Mann, Dustin Volz, Lindsay Wise and Chad Day, The Wall Street Journal, January 12, 2021 Article: How A Snap Impeachment Could Shatter Our Constitutional Balance, By Jonathan Turley, January 11, 2021 Article: Yes, It Was a Coup Attempt. Here’s Why., By Fiona Hill, Politico, January 11, 2021 Article: Censure resolution filed against Rep. Mo Brooks, WSFA News, January 11, 2021 Article: Trump and his allies tried to overturn Pennsylvania’s election results for two months. Here are the highlights., By Jeremy Roebuck and Jonathan Lai, Inquirer, January 7, 2021 Article: I Hate Federal Commissions, But Americans Need One To Look Into The 2020 Election, By Jonathan Turley, January 7, 2021 Article: Here are the Republicans who objected to certifying the election results, By Jenny Gross and Luke Broadwater, The New York Times, January 7, 2021 Article: We Must Talk About Constitutional Issues In The Election Certification, By Jonathan Turley, January 6, 2021 Article: Chip Roy challenges seating of House members from six presidential battleground states, By Juliegrace Brufke, The Hill, January 3, 2021 Article: McCarthy says he supports effort to challenge Electoral College results, By Juliegrace Brufke, The Hill, January 3, 2021 Article: 117th Congress: Breaking down the historic numbers, By Ethan Cohen, Liz Stark and Adam Levy, CNN, January 3, 2021 Article: Pelosi wins Speakership for fourth time in dramatic vote, By Mike Lillis and Scott Wong, The Hill, January 3, 2021 Article: Appeals court dismisses Gohmert's election suit against Pence, By John Kruzel, The Hill, January 2, 2021 Article: Congress overrides Trump veto for the first time, By Jordain Carney, The Hill, January 1, 2021 Article: Frustrations flare as $2,000 checks blocked for fourth straight day, By Jordain Carney, The Hill, January 1, 2021 Article: Congressman-elect Luke Letlow dies after battling Covid-19, By Jim Acosta, Jamie Gangel and Paul LeBlanc, CNN, December 30, 2020 Article: Pelosi presses McConnell to allow vote on bill for $2,000 stimulus checks, By Tal Axelrod, The Hill, December 30, 2020 Article: GOP senator says he'll block consent for $2,000 stimulus checks, By Alexander Bolton, The Hill, December 29, 2020 Article: Louisiana Rep.-elect Luke Letlow dies of COVID-19, By Juliegrace Brufke, The Hill, December 29, 2020 Article: McConnell blocks vote on $2K checks, signals new package, By Jordain Carney, The Hill, December 29, 2020 Article: Sanders to slow down NDAA veto override in bid to get vote on $2K checks proposal, By Jordain Carney, The Hill, December 28, 2020 Article: House overrides Trump veto of defense bill, By Rebecca Kheel, The Hill, December 28, 2020 Article: House GOP rejects unanimous consent on $2,000 direct payments, By Naomi Jagoda and Juliegrace Brufke, The Hill, December 24, 2020 Article: Republicans scramble to prevent year-end legislative disaster, By Alexander Bolton and Juliegrace Brufke, The Hill, December 24, 2020 Article: Republicans vent over surprise Trump move on COVID-19 relief, By Juliegrace Brufke, The Hill, December 23, 2020 Article: Congress unveils $2.3 trillion government spending and virus relief package, By Niv Elis, The Hill, December 21, 2020 Article: Congress to pass seven-day stopgap to buy time for COVID-19 funding deal, By Jordain Carney, The Hill, December 21, 2020 Article: Congress passes one-day stopgap bill ahead of shutdown deadline, By Jordain Carney, The Hill, December 21, 2020 Article: Congress passes $2.3T coronavirus relief, government funding deal, By Jordain Carney, The Hill, December 21, 2020 Article: Senate GOP absences snag Trump nominees, By Jordain Carney, The Hill, December 19, 2020 Article: Senators reach deal on Fed powers, setting stage for coronavirus relief passage, By Alexander Bolton and Mike Lillis, The Hill, December 19, 2020 Article: Trump signs bill to keep government open amid relief talks, By Brett Samuels, The Hill, December 18, 2020 Article: GOP senator backs down from shutdown threat, By Jordain Carney, The Hill, December 18, 2020 Article: Congress passes bill to avert shutdown as coronavirus talks drag into weekend, By Jordain Carney, The Hill, December 18, 2020 Article: GOP senator blocks bill for $1,200 stimulus checks for second time, By Jordain Carney, The Hill, December 18, 2020 Article: GOP senator blocks bill to provide $1,200 stimulus checks, By Jordain Carney, The Hill, December 18, 2020 Article: McConnell tees up weekend votes on nominations as coronavirus talks drag, By Jordain Carney, The Hill, December 17, 2020 Article: Explaining how Congress settles electoral college disputes, By Scott Bomboy, Constitution Daily, December 15, 2020 Article: Senate confirms two more Trump judicial nominees, By Harper Neidig, The Hill, December 15, 2020 Article: McConnell congratulates Biden on White House win, By Jordain Carney, The Hill, December 15, 2020 Letter: Addressed to President Trump, By William P. Barr, December 15, 2020 Article: More than 100 House Republicans sign brief backing Texas lawsuit challenging election results, By Juliegrace Brufke and Scott Wong, The Hill, December 10, 2020 Article: House approves defense policy bill despite Trump veto threat, By Rebecca Kheel, The Hill, December 8, 2020 Article: Supreme Court rejects GOP bid to nullify Biden win in Pennsylvania, By John Kruzel, The Hill, December 8, 2020 Article: Texas sues states Biden won in Supreme Court, seeking to delay Electoral College vote, By Harper Neidig, The Hill, December 8, 2020 Article: Supreme Court tosses GOP bid to throw out PA mail ballots without hearing it, By Edmund DeMarche, Morgan Phillips | Fox News, December 7, 2020 Article: Barr says DOJ hasn't uncovered widespread voter fraud in 2020 election, By Brett Samuels, The Hill, December 1, 2020 Article: Disputing Trump, Barr says no widespread election fraud, By Michael Balsamo, December 1, 2020 Article: Trump’s Election Attack Ends December 14—Whether He Knows It or Not, By Lily Hay Newman, Wired, November 27, 2020 Article: Trump's election fight includes over 50 lawsuits. It's not going well., By Pete Williams and Nicole Via y Rada, NBC News, November 23, 2020 Document: Counting Electoral Votes: An Overview of Procedures at the Joint Session, Including Objections by Members of Congress, Congressional Research Service, December 15, 2016 Article: Congress Ratifies Bush Victory After Challenge, By Sheryl Gay Stolberg and James Dao, The New York Times, December 17, 2005 Additional Resources Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors, U.S. House of Representatives Roll Call 17 | Bill Number: H. Res. 24, Clerk of U.S. House of Representatives, January 13, 2021 Sound Clip Sources Video: @keithboykin, Twitter, Newsmax January 12, 2021 Debate: Counting of Electoral College Votes, Part 3, U.S. Senate and House of Representatives, C-SPAN, January 6, 2021 Transcript: Proceedings and Debates of the 117th Congress, First Session, U.S. House of Representatives, January 6, 2021 Debate: Senate Debate on Arizona Electoral College Vote Challenge, Part 2, U.S. Senate, C-SPAN, January 6, 2021 Debate: Senate Debate on Arizona Electoral College Vote Challenge, Part 2, U.S. Senate, C-SPAN, January 6, 2021 Debate: Senate Debate on Arizona Electoral College Vote Challenge, Part 1, U.S. Senate, C-SPAN, January 6, 2021 Debate: House Debate on Pennsylvania Electoral College Vote Challenge, U.S. Senate and House of Representatives, C-SPAN, January 6, 2021 Debate: House Debate on Arizona Electoral Challenge, Part 3, U.S. House of Representatives, C-SPAN, January 6, 2021 Debate: House Debate on Arizona Electoral Challenge, Part 1, U.S. House of Representatives, C-SPAN, January 6, 2021 Counting of Electoral College Votes, Part 2, U.S. Senate and House of Representatives, C-SPAN, January 6, 2021 Video: House Chamber During Joint Session, U.S. House of Representatives, C-SPAN, January 6, 2021 Debate: House Debate on Pennsylvania Electoral College Vote Challenge, U.S. House of Representatives, C-SPAN, January 6, 2021 Debate: Senate Debate on Pennsylvania Electoral College Vote Challenge, U.S. Senate, C-SPAN, January 6, 2021 News Address: President Trump tells rioters at Capitol to 'go home', CNN, January 6, 2021 Footage: Shooting and Storming Of The US Capitol In Washington DC, Youtube.com, January 6, 2021 Debate: Senate Debate on Pennsylvania Electoral College Vote Challenge, The Washington Post, January 6, 2021 That Louie Gohmert lawsuit, The Hill, January 6, 2021 Video: Rally on Electoral College Vote Certification, White House, C-SPAN, January 6, 2021 Video: Donald Trump spoke at a “Save America” rally in Washington, D.C. on January 6 before Congress was set to confirm the election results. “We will never concede,” he said. Read the transcript of his speech remarks here., White House, rev.com, January 6, 2021 Call between Trump and Raffensperger, The Washington Post, January 5, 2021 Document: Court Document, U.S. District Court For The Eastern District of Texas, December 27, 2020 News Clip: McConnell congratulates President-elect Biden, Youtube, Reuters, December 15, 2020 News Clip: Stimulus: President Trump says stimulus checks need to be $2000, threatens to veto stimulus bill, Youtube, Yahoo Finance, December 11, 2020 News Clip: Meet the Press Blog: Latest news, analysis and data driving the political discussion, NBC News, December 11, 2020 News Clip: Sen. Rand Paul Condemns the 2021 NDAA for Prolonging War in Afghanistan - Dec. 10, 2020, Youtube, Senator Rand Paul, December 10, 2020 Ballot Count: Electoral College Ballot Count, U.S. Senate and House of Representatives, C-SPAN, January 6, 2005 Senate Session, U.S. Senate and House of Representatives, C-SPAN, January 6, 2005 Debate on Ohio Electoral Vote Objection, U.S. Senate and House of Representatives, C-SPAN, January 6, 2005 Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Congressional Dish
Thank You Hawley and Sanders

Congressional Dish

Play Episode Listen Later Dec 14, 2020 92:53


At the end of a frustrating week observing mind-boggling congressional disfunction, Jen rages against the monster preventing COVID relief for working people and small businesses, updates us on the status of government funding, previews the episodes to be produced at the start of the 117th Congress, reviews the results of the 2020 Election, explains why worrying about The Great Reset is a waste of brain power, and thanks the wonderful community of humans who produce Congressional Dish. *Note: Jen knows Sen. Hawley's first name is Josh. She doesn't know why her brain keeps telling her it's Jeff.  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Articles/Documents Article: Sen. Rand Paul delays defense bill vote over troop drawdowns By Matthew Daly, Associated Press, December 11, 2020 Article: One Of The Biggest Obstacles To A Coronavirus Deal: Congressional Leaders By Matt Fuller, Arthur Delaney and Igor Bobic, Huffpost, December 10, 2020 Article: Sanders, Hawley team up to demand vote on second round of stimulus checks By Jordain Carney, The Hill, December 10, 2020 Article: Donald Trump has lost dozens of election lawsuits. Here’s why By Louis Jacobson and Amy Sherman, Politifact, December 10, 2020 Article: The Trump team throws in the towel on proving voter fraud By Aaron Blake, The Washington Post, December 10, 2020 Article: Utah Rep. Rob Bishop hospitalized in DC after suffering mild stroke By Amy Joi O'Donoghue, KSL.com, December 9, 2020 Article: The Global Elite's Plan for Your Future: The Great Reset By Dale Hurd, The Christian Perspective, December 8, 2020 Article: Conservative Lawsuits Fuel Distrust of Election Results By Jacob Gershman, The Wall Street Journal, December 8, 2020 Article: The Great Reset Conspiracy Smoothie By Naomi Klein, The Intercept, December 8, 2020 Article: Fight for Upstate New York House Race Continues in Court By Jimmy Vielkind, The Wall Street Journal, December 6, 2020 Article: Trump raises $495 million since mid-October, including a massive haul fueled by misleading appeals about election fraud By Michelle Ye Hee Lee and Anu Narayanswamy, The Washington Post, December 4, 2020 HOUSE RESULTS CNN Politics Article: Wall Street spent over $74 million to back Joe Biden’s run for president, topping Trump’s haul By Brian Schwartz, CNBC, October 28, 2020 Podcast Episode: Are Covid-19 and U.S. funds linked to Chinese lab? Fact vs. Fiction (PODCAST) Sharyl Attkisson, September 28, 2020 Article: COVID-19: The Great Reset By Beatrice Di Caro, World Economic Forum, July 14, 2020 Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Congressional Dish
CD223: Election 2020: The Empire Returns

Congressional Dish

Play Episode Listen Later Nov 15, 2020 78:19


The election is... Actually not quite over but we have to record this episode sometime. In this episode, a breakdown of the notable winners and losers. Did we fire them all? Or... Any of them?  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes CD129: The Impeachment of John Koskinen Articles/Documents Article: Rep. Don Young, 87, tests positive for COVID-19 months after mocking seriousness of pandemic: ‘I call it the beer virus’ By Muri Assuncao, Daily News, November 13, 2020 Article: Trump administration removes senior defense officials and installs loyalists, triggering alarm at Pentagon By Barbara Starr, Zachary Cohen and Ryan Browne, CNN, November 13, 2020 Report: Schedule F, Diversity Training Reviews Continuing for Now By FEDweek, November 12, 2020 Article: North Dakota nurses call for mask mandate, reject policy allowing COVID-19-positive workers to stay on job By Nathaniel Weixel, The Hill, November 12, 2020 Article: Election-reform ballot measure stays too close to call as elections workers tally more votes By James Brooks, Anchorage Daily News, November 12, 2020 Article: Senior U.S. cybersecurity official asked to resign amid Trump transition tumult By Christopher Bing, Reuters, November 12, 2020 Article: Congress’s New Faces Include Ex-Astronaut, Citadel’s First Female Grad By Natalie Andrews, The Wall Street Journal, November 11, 2020 Article: Puerto Rico's statehood piques Congress's interest post-election By Andres L. Cordova, The Hill, November 11, 2020 Article: Pelosi floats above Democrats’ civil war By Heather Caygle and Sarah Ferris, Politico, November 11, 2020 Article: Michigan’s Voting Flaws Were Human Errors and Outliers By Gus Burns, Governing, November 11, 2020 Article: Exclusive: Esper, on his way out, says he was no yes man By Meghann Myers, Military Times, November 10, 2020 Article: The Trump Administration Is Reversing More Than 100 Environmental Rules. Here’s the Full List. By NADJA POPOVICH, LIVIA ALBECK-RIPKA and KENDRA PIERRE-LOUIS, The New York Times, November 10, 2020 Article: Senate GOP lays out priorities in fiscal 2021 spending showdown By Jennifer Shutt, Roll Call, November 10, 2020 Article: Christopher Miller, Trump's surprise acting defense secretary, has a thin resume for the job but deep experience in counterterrorism By Dan Lamothe, Ellen Nakashima, Alex Horton, The Washington Post, November 9, 2020 Article: There's a plan afoot to replace the Electoral College, and your state may already be part of it By Elliot Ramos, NBC News, November 9, 2020 Article: Corporate Democrats Are Rural America's Biggest Losers By Jake Davis, Bryce Oats, The American Prospect, November 9, 2020 Article: Amy Kennedy Loses Race to Rep. Jeff Van Drew, Who Switched Parties for President Trump By Virginia Chamlee, People, November 9, 2020 Article: Donna Shalala Encapsulated Pelosi’s Embrace of Passivity as a Strategy By Eleanor Eagen, The American Prospect, November 9, 2020 Article: Hope Lives in Georgia By David Dayen, The American Prospect, November 9, 2020 Article: 'A Vexing Decision': Calif. Governor Mulls Who Will Replace Harris In Senate By Scott Shafer, npr, November 9, 2020 Article: Win by Biden and Harris opens up California Senate seat By Bridget Bowman, Roll Call, November 7, 2020 Article: South Carolina’s Voting Machines Are Vulnerable to Attacks By Chiara Eisner, Governing, November 6, 2020 Article: Legislative Turnover at Lowest Level Seen Since 1920s By Alan Greeblatt, Governing, November 6, 2020 Article: Second Georgia Senate seat headed to January runoff that could decide Senate control By Stephanie Akin, Roll Call, November 6, 2020 Article: Florida Amendment 4 Election Results: Require Amendments to Be Approved Twice By Stephanie Saul, The New York Times, November 6, 2020 Article: The ACA Is Becoming A Political Problem For Dems By David Sirota and Andrew Perez, The Daily Poster, November 5, 2020 Article: Missouri voters dump never-used redistricting reforms By David A. Lieb, Associated Press, November 5, 2020 Article: Puerto Rico inches closer to statehood, but without key GOP support By Chris Cioffi, Roll Call, November 4, 2020 Article: North Dakota voters reject Measure 2 by wide margin By Jeremy Turley, Grand Forks Herald, November 4, 2020 Article: 2020 election sees record high turnout with at least 159.8 million votes projected By Hannah Miao, CNBC, November 4, 2020 Article: Nationwide Ballot Measure Results to Watch: Live Updates By Carl Smith, Tod Newcombe, Governing, November 4, 2020 Article: Will We Ever Slay the Evil Gerrymander? By Alan Ehrenhalt, Governing, November 4, 2020 Article: The U.S. Inability To Count Votes is a National Disgrace. And Dangerous. By Glenn Greenwald, November 4, 2020 Article: Record ‘Dark Money’ Donations Help GOP Retake House Seats By David Moore, Sludge, November 4, 2020 Article: With Deceptive Measure, Missouri GOP Wins Back Power to Gerrymander By Donald Shaw, Sludge, November 4, 2020 Article: Question 2 supporters concede defeat in effort to bring ranked choice voting to Massachusetts By Nik DeCosta-Klipa, Boston.com, November 4, 2020 Article: A QAnon Supporter Is Headed to Congress By Matthew Rosenberg, The New York Times, November 3, 2020 Article: Eight Reasons Not to Expect Quick Election Results By Carl Smith, Governing, November 3, 2020 Article: Former Congressman Pete Sessions to return to Washington By Michael Oder and Fallon Appleton, KBTX-TV, November 3, 2020 Article: Qualcomm Billionaires Launch Last Minute Attack on Granddaughter’s Progressive Opponent By Donald Shaw, Sludge, November 2, 2020 Article: Voting Itself Becomes Question for Ballot Measures By Alan Greenblatt, Governing, November 2, 2020 Article: Why Trump Can’t Afford to Lose By Jane Mayer, The New Yorker, November 1, 2020 Article: Campaign Against ‘Dark Money’ Disclosure in Alaska Keeps Hiding Its Donors By Donald Shaw, Sludge, October 28, 2020 Article: Salary Council appointee resigns, calls Schedule F executive order a ‘red line’ By Nicole Ogrysko, Federal News Network, October 26, 2020 Article: Trump's historic assault on the civil service was four years in the making By Lisa Rein, Josh Dawsey, and Toluse Olorunnipa, The Washington Post, October 23, 2020 Executive Order on Creating Schedule F In The Excepted Service The White House, October 21, 2020 Article: ‘Stunning’ Executive Order Would Politicize Civil Service By Erich Wagner, Government Executive, October 22, 2020 Article: Rep. Justin Amash, the ex-Republican who tussled with Trump and the GOP, reflects on what's next By Megan Sauer, USA Today, September 26, 2020 Article: Most Americans Don’t Have A Real Stake In The Stock Market By Teresa Ghilarducci, Forbes, August 31, 2020 Article: The Stock Market Does Not Represent the U.S. Economy By Revere Journal, July 8, 2020 Article: Health insurers' profits topped $35B last year. Medicare Advantage is the common thread By Paige Minemyer, Fierce Healthcare, February 24, 2020 Article: Supreme Court allows states to draw partisan political maps By Todd Ruger, Roll Call, June 27, 2019 Article: The Atlas Of Redistricting, Georgia’s districts gerrymandered to favor Democrats By Aaron Bycoffe, Ella Koeze, David Wasserman and Julia Wolfe, FiveThirtyEight, January 25, 2018 Additional Resources HOUSE RESULTS - Democrats retain control of House, CNN Voter Analysis: Poll Results, Fox News Democratic President by Congressional District Targeted Candidates, 2020 Cycle OpenSecrets.org Sound Clip Sources Video: 2020 Presidential Debates: Biden says Obamacare will have a public option, 'Bidencare', Politico, October 22, 2020 Facebook Live Video: Republican congressional candidate caught on video making series of racist and Islamophobic remarks, Independent, June 18, 2020 Facebook Live Video: House Republican leaders condemn GOP candidate who made racist videos, Politico, June 17, 2020 Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Congressional Dish
CD222: 116th Congress Performance Review

Congressional Dish

Play Episode Listen Later Oct 31, 2020 81:33


In the last episode before the 2020 election, let's take a comprehensive look at what went on in the 116th Congress, a divided Congress during which the House of Representatives was controlled for the first time since Congressional Dish began by the Democratic Party. It was a chaotic two years, with a series of unprecedented events. Did our Congress serve us well in these crazy times? Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes CD221: Kicking the Funding Can CD216: Dingleberries Against Police Brutality CD213: CARES Act - The Trillions for COVID-19 Law CD212: The COVID-19 Response Laws CD211: Coronavirus (COVID-19) CD209: USMCA with Lori Wallach CD208: The Brink of the Iran War CD207: State of Corporatism CD206: Impeachment: The Evidence CD192: Democracy Upgrade Stalled CD188: Welcome to the 116th Congress CD167: Combating Russia (NDAA 2018) LIVE CD131: Bombing Libya CD068: Ukraine Aid Bill CD067: What Do We Want In Ukraine? Articles/Documents Article: Article on Joe and Hunter Biden Censored By The Intercept By Greenwald, October 29, 2020 Article: Trump campaign places Facebook ads telling users wrong election day By Kiran Stacey in Washington and Hannah Murphy, Financial Times, October 27, 2020 Article: Nancy Pelosi’s One-Woman Congress By Alexander Sammon, The American Prospect, October 26, 2020 Article: With the Hunter Biden Expose, Suppression is a Bigger Scandal Than The Actual Story By Matt Taibbi, Reporting by Matt Taibbi, October 24, 2020 Article: Unlike most Pa. counties, Perry County requires voters to pay for postage to cast ballots by mail By Jan Murphy, PennLive, October 21, 2020 Article: PART FIVE: COURTING CORPORATE THEOCRACY By Intercepted, The Intercept, October 20, 2020 Article: Worried about mailing your ballot? Here’s what postage you will need By ABC7 Staff, WWSB September 28, 2020 Article: BANKS STAND TO MAKE $18 BILLION IN PPP PROCESSING FEES FROM CARES ACT By Bryce Covert, The Intercept, July 14, 2020 Transcript: Joe Biden Leaked Call Transcript with Petro Poroshenko Rev, May 20, 2020 Article: Ukrainian lawmaker releases leaked phone calls of Biden and Poroshenko By Paul Sonne and Rosalind S. Helderman, May 19, 2020 Article: Here are the largest public companies taking payroll loans meant for small businesses By Thomas Franck, CNBC, April 24, 2020 Article: Buzz over Venezuela’s Guaido fades as Maduro holds firm By Scott Smith, AP News, December 23, 2019 Article: Federal judge blocks use of billions of dollars in Pentagon funds to build border wall By Priscilla Alvarez and Caroline Kelly, CNN, December 10, 2019 Article: Memo to Both Parties: On Emergency and Impeachment, Beware Unintended Consequences By Gerald F. Seib, The Wall Street Journal, March 18, 2019 Document: Declaring a National Emergency Concerning the Southern Border of the United States by the Executive Office of the President, National Archives, February 15, 2019 Article: No ‘Emergency’ Will Allow Trump to Build His Wall By Noah Feldman, Bloomberg Opinion, January 8, 2019 Article: The Making of Juan Guaido: How the US Regime Change Laboratory Created Venezuela’s Coup Leader By Dan Cohen and Max Blumenthal, Mint Press News, January 19, 2019 Article: The US is currently in 31 other national emergencies. Here's what that means. By Indra Ekmanis, The World, January 11, 2019 Article: A Chronology of the Ukrainian Coup By Renee Parsons, Common Dreams, March 5, 2014 Article: In Ukraine, Sens. McCain, Murphy address protesters, promise support By Will Englund, The Washington Post, December 15, 2013 Additional Resources Confirmation Listing: Judicial Confirmations, United States Courts, October 30, 2020 State Laws Governing Early Voting, By National Conference of State Legislatures, October 22, 2020 2018–2019 United States federal government shutdown, Wikipedia Images Tweet: Chris Murphy, Twitter Tweet: Joe Biden, Twitter Tweet: Joe Biden Sound Clip Sources News Clip: Mark Meadows: We're not going to control the pandemic, CNN, October 25, 2020 News Clip: Woodward tapes show Trump knew the dangers of COVID-19 but downplayed it, CBS News, September 9, 2020 Hearing: Leaked conversation between Joe Biden and former Ukrainian President Petro Poroshenko, May 20, 2020 Transcript: 13:00 VP Joe Biden: Hey, Mr. President. Joe Biden. How are you? Petro Poroshenko: Very well indeed, as is usual when I hear your voice. What we’re doing now, I think within the last three weeks, we have demonstrated a real, real great progress in the reforms. We voted in the Parliament 100% tariffs, despite the fact that the IMF expected only 75%. We are launching real reform of the state owned enterprises. We are launching reform for the prices for medicine, removing all the obstacles. VP Joe Biden: I agree, I agree. 14:45 VP Joe Biden: Hey, Mr. President. Joe Biden. How are you? Petro Poroshenko: Very well indeed, as is usual when I hear your voice. VP Joe Biden: You are doing very well. Congratulations on getting the new Prosecutor General. I know that there’s a lot more that has to be done but I really think that’s good and I understand your working with the Rada in the coming days on a number of additional laws to secure the IMF, but congratulations on installing the new prosecutor general. It’s going to be critical for him to work quickly to repair the damage Shokin did, and I’m a man of my word, and now that the new prosecutor general is in place we’re ready to move forward in signing that new one billion dollar loan guarantee. I don’t know how you want to go about that? I’m not going to be able to get to Kiev anytime soon, I mean, in the next month or so, and I don’t know whether you could either sign it with our ambassador… 26:20 VP Joe Biden: Hey, Mr. President. Petro Poroshenko: Very good to hear you. VP Joe Biden: Good to hear you. By the way, you know I’ve talked about this a lot before. I guess Monday is the second anniversary. Remember, I’m counting on you to be the founding father of the modern Ukraine. Petro Poroshenko: Thank you, Joe. And I… I just want to be a little bit proactive. So we have no doubt that we should… implement the reforms but we should implement the reforms in a way that the people trust because if people do not trust the reforms, the reforms will be impossible to implement. Hearing: Coronavirus Preparedness and Response, House Oversight and Government Reform, March 12, 2020 Watch on Youtube Witnesses: Dr. Anthony Fauci: Director of the National Institute of Allergy and Infectious Disease at the National Institutes of Health Dr. Robert Redfield: Director of the Centers for Disease Control and Prevention Dr. Robert Kadlec: Assistant Secretary for Preparedness and Response at the Department of Health and Human Services Transcript: 36:30 Anthony Fauci: In the spirit of staying ahead of the game, right now, we should be doing things that separate us as best as possible from people who might be infected. And there are ways to do that. You know, we use the word social distancing, but most people don't know what that means, for example, crowds. We just heard that they're going to limit access to the capital. That's a really, really good idea to do. I know you like to meet and press the flesh with your constituencies. I think not now, I think you need I need I think you need to really cool it for a while because we should we should be practicing mitigation, even in areas that don't have a dramatic increase. I mean, everyone looks to Washington State. They look to California, they're having an obvious serious problem. But their problem now may be our problem tomorrow. News Clip: Trump praises Venezuela’s Juan Guaidó at the State of the Union | 2020 State of the Union, White House, PBS NewsHour, February 4, 2020 Hearing: Impeachment Inquiry, House Hearings, Impeachment Inquiry Hearing with E.U. Ambassador Gordon Sondland, House Permanent Select Committee on Intelligence, C-SPAN Coverage, November 20, 2019 Watch on Youtube Witness Gordon Sondland, Owner of Providence Hotels Transcript: 54:00 Gordon Sondland: As I testified previously, Mr. Giuliani's requests were a quid pro quo for arranging a white house visit for President Zelensky. Mr. Giuliani demanded that Ukraine make a public statement announcing the investigations of the 2016 Election DNC server, and Burisma. 54:30 Gordon Sondland: Mr. Giuliani was expressing the desires of the president of the United States, and we knew these investigations were important to the president. 55:10 Gordon Sondland: I tried diligently to ask why the aid was suspended, but I never received a clear answer. Still haven't to this day. In the absence of any credible explanation for the suspension of aid, I later came to believe that the resumption of security aid would not occur until there was a public statement from Ukraine committing to the investigations of the 2016 elections and Burisma as Mr. Giuliani had demanded. 1:01:15 Gordon Sondland: Unfortunately, President Trump was skeptical. He expressed concerns that the Ukrainian government was not serious about reform, and he even mentioned that Ukraine tried to take him down in the last election. In response to our persistent efforts in that meeting to change his views, President Trump directed us to quote, "talk with Rudy." We understood that talk with Rudy meant talk with Mr. Rudy Giuliani, the president's personal lawyer. Let me say again, we weren't happy with the President's directive to talk with Rudy. We did not want to involve Mr. Giuliani. I believe then as I do now, that the men and women of the state department, not the president's personal lawyer, should take responsibility for Ukraine matters. Nonetheless, based on the president's direction we were faced with a choice, we could abandon the efforts to schedule the white house phone call and a white house visit between Presidents Trump and Zelensky, which was unquestionably in our foreign policy interest, or we could do as president Trump had directed and talk with Rudy. We chose the latter course, not because we liked it, but because it was the only constructive path open to us. 1:14:10 Gordon Sondland: I know that members of this committee frequently frame these complicated issues in the form of a simple question. Was there a quid pro quo? As I testified previously with regard to the requested white house call and the white house meeting, the answer is yes. Mr. Giuliani conveyed to Secretary Perry, Ambassador Volker and others that President Trump wanted a public statement from President Zelensky committing to investigations of Burisma and the 2016 election. Mr Giuliani expressed those requests directly to the Ukrainians and Mr. Giuliani also expressed those requests directly to us. We all understood that these prerequisites for the white house call and the right white house meeting reflected President Trump's desires and requirements. 1:43:00 Gordon Sondland: Again, through Mr. Giuliani, we were led to believe that that's what he wanted. 2:06:25 Gordon Sondland: President Trump never told me directly that the aid was conditioned on the meetings. The only thing we got directly from Giuliani was that the Burisma and 2016 elections were conditioned on the white house meeting. The aide was my own personal guess based again, on your analogy, two plus two equals four. 3:44:10 Daniel Goldman: It wasn't really a presumption, you heard from Mr. Giuliani? Gordon Sondland: Well, I didn't hear from Mr. Giuliani about the aid. I heard about the Burisma and 2016. Daniel Goldman: And you understood at that point, as we discussed, two plus two equals four, that the aid was there as well. Gordon Sondland: That was the problem, Mr. Goldman. No one told me directly that the aid was tied to anything. I was presuming it was. 5:02:10 Rep. Jim Himes (CT): What did mr Giuliani say to you that caused you to say that he is expressing the desires of the president United States? Gordon Sondland: Mr. Himes, when that was originally communicated, that was before I was in touch with mr Giuliani directly. So this all came through Mr. Volcker and others. Rep. Jim Himes (CT): So Mr. Volcker told you that he was expressing the desires of the President of the United States. Gordon Sondland: Correct. Hearing: [Impeachment Inquiry, House Hearings Ambassador Kurt Volker and National Security Aide Tim Morrison](https://www.c-span.org/video/?466377-1/impeachment-hearing-kurt-volker-tim-morrison), House Judiciary Committee, C-SPAN Coverage, November 19, 2019 Watch on Youtube Witnesses: Kurt Volker Timothy Morrison Transcript: 57:35 Kurt Volker: President Zelensky's senior aide, Andriy Yermak approached me several days later to ask to be connected to Mayor Giuliani. I agreed to make that connection. I did so because I understood that the new Ukrainian leadership wanted to convince those like Mayor Giuliani, who believes such a negative narrative about Ukraine, that times have changed and that under President Zelensky, Ukraine is worthy of us support. Ukrainians believed that if they could get their own narrative across in a way that convinced mayor Giuliani that they were serious about fighting corruption and advancing reform, Mayor Giuliani would convey that assessment to president Trump, thus correcting the previous negative narrative. That made sense to me and I tried to be helpful. I made clear to the Ukrainians, the mayor Giuliani was a private citizen, the president's personal lawyer, and not representing the US government. Likewise, in my conversations with mayor Giuliani, I never considered him to be speaking on the president's behalf or giving instructions, rather, the information flow was the other way. From Ukraine to mayor Giuliani in the hopes that this would clear up the information reaching President Trump. 1:00:15 Kurt Volker: I connected Mary Giuliani and Andriy Yermak by text and later by phone they met in person on August 2nd, 2019. In conversations with me following that meeting, which I did not attend, Mr Giuliani said that he had stressed the importance of Ukraine conducting investigations into what happened in the past, and Mr. Yermak stressed that he told Mr. Giuliani it is the government's program to root out corruption and implement reforms, and they would be conducting investigations as part of this process anyway. 1:00:45 Kurt Volker: Mr. Giuliani said he believed that Ukrainian president needed to make a statement about fighting corruption and that he had discussed this with Mr. Yermak. I said, I did not think that this would be a problem since that is the government's position. Anyway, I followed up with Mr. Yermak and he said that they would indeed be prepared to make a statement. 1:02:10 Kurt Volker: On August 16th, Mr. Yermak shared a draft with me, which I thought looked perfectly reasonable. It did not mention Burisma or 2016 elections, but was generic. Ambassador Sondland I had a further conversation with Mr. Giuliani who said that in his view, in order to be convincing that this government represented real change in Ukraine, the statement should include specific reference to Burisma and 2016 and again, there was no mention of vice president Biden in these conversations. Hearing: Diplomats Bill Taylor and George Kent Impeachment Inquiry Testimony, House Select Intelligence Committee, C-SPAN Coverage, November 13, 2019 Witnesses: William Taylor George Kent Transcript: 45:30 George Kent: In mid August, it became clear to me that Giuliani's efforts to gin up politically motivated investigations were now infecting U.S. Engagement with Ukraine, leveraging President Zelensky's desire for a white house meeting. Video: Mitch McConnell praises Trump for 'changing the federal courts forever', The Week, November 4, 2019 Press Video: Pelosi praises 'cleaner government' provisions in H.R. 1 , The Washington Post, March 7, 2019 2019 State of the Union Address, White House, U.S. Senate, February 5, 2019 Watch Transcript: 1:05:28 President Donald Trump - Two weeks ago, the United States officially recognized the legitimate government of Venezuela, and its new interim President, Juan Guaido. We stand with the Venezuelan people in their noble quest for freedom -- and we condemn the brutality of the Maduro regime, whose socialist policies have turned that nation from being the wealthiest in South America into a state of abject poverty and despair. Here, in the United States, we are alarmed by new calls to adopt socialism in our country. America was founded on liberty and independence --- not government coercion, domination, and control. We are born free, and we will stay free. Tonight, we renew our resolve that America will never be a socialist country. News Clip: Rep. Jordan: We have to fund Trump’s border wall now, Fox Business Network, December 18, 2018 News Clip: Trump says he would be ‘proud’ to shut down the government over border wall funding, Jennifer Haberkorn, Los Angeles Times, December 11, 2018 Remarks by Secretary of State: Remarks on the Way Forward for the United States Regarding Syria, U.S. Department of State, January 17, 2018. Discussion: Foreign Affairs Issue Launch with Former Vice President Joe Biden; Council on Foreign Affairs; January 23, 2018. Speakers: Richard Haass, President of the Council on Foreign Relations Joe Biden, former Vice President of the United States Transcript: 00:24:15 Haass: In the piece, the two of you say that there’s no truth that the United States—unlike what Putin seems to believe or say, that the U.S. is seeking regime change in Russia. So the question I have is, should we be? And if not, if we shouldn’t be seeking regime change, what should we be seeking in the way of political change inside Russia? What’s an appropriate agenda for the United States vis-à-vis Russia, internally? Biden: I’ll give you one concrete example. I was—not I, but it just happened to be that was the assignment I got. I got all the good ones. And so I got Ukraine. And I remember going over, convincing our team, our leaders to—convincing that we should be providing for loan guarantees. And I went over, I guess, the 12th, 13th time to Kiev. And I was supposed to announce that there was another billion-dollar loan guarantee. And I had gotten a commitment from Poroshenko and from Yatsenyuk that they would take action against the state prosecutor. And they didn’t. So they said they had—they were walking out to a press conference. I said, nah, I’m not going to—or, we’re not going to give you the billion dollars. They said, you have no authority. You’re not the president. The president said—I said, call him. (Laughter.) I said, I’m telling you, you’re not getting the billion dollars. I said, you’re not getting the billion. I’m going to be leaving here in, I think it was about six hours. I looked at them and said: I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money. Well, son of a bitch. (Laughter.) He got fired. And they put in place someone who was solid at the time. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Plugged In
The Energy Update - Week of October 19, 2020

Plugged In

Play Episode Listen Later Oct 22, 2020 4:26


This week the team highlights recent articles focusing on recent developments in American energy including new LNG infrastructure in Pennsylvania and recent executive orders on offshore development from the Trump administration. Links • ARTICLE Pennsylvania/New Jersey LNG Export Project: https://www.instituteforenergyresearch.org/fossil-fuels/gas-and-oil/pennsylvania-new-jersey-lng-export-project/ • ARTICLE Trump’s Ban on Offshore Oil Drilling in Southern States Also Restricts Offshore Wind: https://www.instituteforenergyresearch.org/renewable/wind/trumps-ban-on-offshore-oil-drilling-in-southern-states-also-restricts-offshore-wind/

Congressional Dish
CD221: Kicking the Funding Can

Congressional Dish

Play Episode Listen Later Oct 12, 2020 71:39


Surprise, surprise! Congress failed to fund the government on time again. In this episode, discover the hidden secrets in the bill that temporarily funds the government and the politics behind the dingleberries that hitched a ride into law. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes VP Debate preview. A genuine sex scandal! Trump COVID timeline! Deciphering congress with Jen Briney Politics Politics Politics CD213: CARES Act - The Trillions for COVID-19 Law, Listen on Spotify CD168: Nuclear Desperation, Listen on Spotify Bills H.R. 8337: Continuing Appropriations Act, 2021 and Other Extensions Act Passed House: September 22, 359-17-1 Passed Senate: September 30, 84-10 Text Outline Division A: Continuing Appropriations Act Extends government funding from 2020 at the same levels until December 11, 2021 Section 125: Gives permission to the Secretary of the Navy to spend over $1.6 billion to enter into a contract for who Columbia class submarines Section 140: Amends the CARES Act to extend the expiration date of Section 3610, which allows any government agency to to change their contracts to allow the government to pay for up to 40 Horus per week of paid leave that contractors pay for their employees. This only applies to contractors who can’t work because their facilities are closed and can’t do their work remotely. The expiration is shifted from September 30 to December 11. Section 159: Extends the authority from the CARES Act, which expired on September 30, for the Library of Congress to reimburse the Little Scholars Child Development Center and Tiny Findings Development Center for salaries for employees who can’t work due to COVID-19 closures in the capitol. It also extends the authority for the government to pay the salaries of contractors that work on the capitol until the end of the public emergency. The authorities are extended until the end of the public emergency declared by the Secretary of Health and Human Services. Section 170: Adds $728 billion to the $550 billion appropriated in the 2020 funding law for loan guarantees for mortgage backed securities Section 173: Extends the borrowing limit for the Commodity Credit Corporation to reimburse it for net realized losses as of September 17, 2020. Division B: Surface Transportation Program Extension Section 1104: Allows Federal funds to be used to cover operating losses for food and beverage service on Amtrak Division D : Other Matters Section 4102: Authorizes the Secretary of Homeland Security to establish fees ranging between $1,500 and $2,500 for applications for employment based immigration. Section 4303: Permanently reauthorizes antitrust provisions that encourages corporations to cooperate in antirust civil cases by limiting the fines that can be imposed upon cooperating companies. Section 4601: Expands eligibility for food stamps for children who usually get meals provided at school to include children in hybrid model schools and day cares. Section 4602: Extends the states’ authority to apply for waivers for school meal requirements in order to provide meals in a COVID-safe way until September 30, 2021 Section 4603: Gives the states the ability to extend certification periods for households receiving food assistance to December 31, 2021, and to adjust interview requirements through June 30, 2021, if they want to, without getting permission from the Secretary of Agriculture Section 4604: Prohibits the Secretary of Agriculture from using funding, facilities, or authorities of the Commodity Credit Corporation to provide payments to refiners or importers of fossil fuels unless the payments are for biofuels and prohibits the Commodity Credit Corporation from exchanging fossil fuel products for agricultural products until the end of March 2021. Articles/Documents Article: Senate GOP, setting aside Covid-19 fears, on track for quick Barrett confirmation this month By Manu Raju and Ted Barrett, CNN, October 8, 2020 Article: Lindsey Graham refuses to take COVID test for Senate debate in SC By Jacob Knutson, Axios, October 8, 2020 Article: Top White House aide hosted lavish Atlanta wedding in May despite virus restrictions By Patricia Murphy and Greg Bluestein, AJC, October 8, 2020 Article: Grassley won’t be tested for Covid, Ernst tests negative By O. Kay Henderson, Radio Iowa, October 5, 2020 Article: How Mark Meadows Became the White House’s Unreliable Source By Tim Alberta, Politico, October 4, 2020 Article: Department Of Justice Applauds President Trump’s Authorization Of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act By IVN, Imperial Valley News, October 4, 2020 Article: Sen. Thom Tillis spokesperson says he has mild symptoms of COVID-19, no fever and is in great spirits, Eyewitness 11 News, October 3, 2020 Article: Concerns Mount Over US Capitol's Lack of COVID-19 Requirements as President Tests Positive By Scott MacFarlane and Sophia Barnes, 4 Washington, October 2, 2020 Article: MBS Performance at Five-Year Low By Phil Hall, DSNews, October 2, 2020 Article: Judge blocks big hike in application fees for citizenship and other immigration benefits By Daniel Gonzalez, Arizona Republic, azcentral., September 30, 2020 Article: Trump Signs Shutdown-Averting Stopgap Spending Bill By Eric Katz, Government Executive, September 30, 2020 Article: Trump signs stopgap spending measure to avert a shutdown By Caitlin Emma, Politico, September 30, 2020 Article: Trump Signs Stopgap Spending Bill to Keep Government Funded By Emily Cochrane, The New York Times, September 30, 2020 Article: House stopgap spending bill includes $1.6B for Columbia-class subs By Rebecca Kheel, The Hill, September 21, 2020 Article: House Republican introduces amendment to include farm aid in stopgap funding bill By Juliegrace Brufke, The Hill, September 21, 2020 Article: Democrats and Republicans Clash Over Spending Bill to Avoid Shutdown By Emily Cochrane, The New York Times, September 21, 2020 Article: Trump vows to give billions more in farm aid as he looks for support from rural voters. By Alan Rappeport, The New York Times, September 18, 2020 Article: Mortgage Securities Are Flooding the Market. Thank the Fed. By Orla McCaffrey, The Wall Street Journal, September 16, 2020 Article: Trump administration eyes at least $300 million aid to refiners denied biofuel waivers: sources By Stephanie Kelly, Jarrett Renshaw, Reuters, September 16, 2020 Article: Independent Watchdog Report Finds Inequity in Farm Aid Payments By Alan Rappeport, The New York Times, September 14, 2020 Report: Report to Congress on Columbia-class Nuclear Ballistic Missile Submarine Program By Congressional Research Service, USNI News, September 11, 2020 Article: White House asks for flexibility in Space Force funding in stopgap spending measure By Rebecca Kheel, The Hill, September 8, 2020 Document: Navy Columbia (SSBN-826) Class Ballistic Missile Submarine Program: Background and Issues for Congress By Congressional Research Service, September 8, 2020 Article: Budget dysfunction threatens delays to US Navy’s Columbia program By David B. Larter and Joe Gould, Defense News, September 3, 2020 Article: Geurts: Early Contract Awards During Pandemic Giving Navy Bandwidth to Plan for Possible Continuing Resolution By Megan Eckstein, USNI News, September 1, 2020 Article: Bad blood between Pelosi, Meadows complicates coronavirus talks By Mike Lillis and Scott Wong, The Hill, August 31, 2020 Article: USDA MARKET FACILITATION PROGRAM: Information on Payments for 2019 By Steve Morris , Government Accountability Office, August 21, 2020 Article: There’s about $130 billion left in the PPP pot. Why small businesses are slow to claim cash, By Darla Mercado, CNBC, June 11, 2020 Article: Breaking Down the US Federal Budget | Charts and Graphs, Up to Us, June 3, 2020 Article: COVID Pandemic a Barrier to Navy’s Oversight of Columbia Submarine Industrial Base; PEO Working on Virtual Oversight By Megan Eckstein, USNI News, June 2, 2020 Article: 'Astonishing': Trump EPA backs down on biofuel waivers in blow to U.S. refiners By Stephanie Kelly, Reuters, March 25, 2020 Article: The Commodity Credit Corporation: In Brief By Megan Stubbs, Congressional Research Service, September 4, 2019 Article: Ted Cruz and the Death of Conservatism By Jonathan Chait, New York Intelligencer, September 18, 2018 Additional Resources Appropriations Status Table: FY2021, Congressional Research Service Book: Monopolized: Life in the Age of Corporate Power, By David Dayen, July, 2020 Bill: H.R. 7794: Emergency SNAP Flexibilities Extension Act, govtrack, July 27, 2020 Blog: Allowing Ourselves Grace in these Troubling Times, CLASP: The Center for Law and Social Policy, 2020 Homepage: Priority Enrollment Categories, Tiny Findings, 2020 Report: Frequently Asked Questions about the Federal Budget, House Committee on the Budget, Chairman John Yarmuth, December 3, 2019 2017 Summary Statement and Initiatives: GOVERNMENT NATIONAL MORTGAGE ASSOCIATION MORTGAGE-BACKED SECURITIES PROGRAM, HUD, 2017 Library of Congress New Employee Orientation Guide, Library of Congress, 2015 Board of Directors, General Dynamics Reelection Rates Over the Years, OpenSecrets.org General Dynamics, OpenSecrets.org Client Profile: General Dynamics, OpenSecrets.org Appropriations: Rep. Norm Dicks - Washington District 06, OpenSecrets.org Appropriations: Rep. Jim Moran - Virginia District 08, OpenSecrets.org 48 CFR § 16.306 - Cost-plus-fixed-fee contracts. Origins & Development: From the Constitution to the Modern House Funding Gaps and Shutdowns in the Federal Government, History, Art & Archives, United States House of Representatives Sound Clip Sources Hearing: Continuing Resolution to Fund the Government, U.S. House of Representatives, House Appropriations Committee, September 22, 2020 Transcript: 9:00 Steny Hoyer: Briefly want to say to the Appropriations Committee, congratulations for doing your work. I know there was controversy, everybody didn't support it. But we passed 10 of the 12 appropriation bills almost two months ago. Clearly sufficient time to reach agreement and pass the appropriation bills, not a CR. CR is a recognition of failure. Failure of to get our work done in a timely fashion. And I regret that I take some credit for passing 10 bills last year, in June, and 10 bills this year in July. I pushed the Appropriations Committee pretty hard. Staff worked hard, members worked hard. And we got our bills done.The Senate has not introduced - has not marked up - a single bill in committee. There's no bill out of committee, there's no bills on the floor, which means that the Senate has essentially abandoned the appropriations process. Madam Speaker, that's not the way the Congress the United States ought to work. 11:00 Steny Hoyer: From now, until hopefully before December 11, that's a Friday - we're scheduled to break for Christmas and the holidays - I'm hopeful that everyone will put their heads together to get the appropriation process done. And we'll probably do it in an omnibus, not single appropriation bills, which is not a good way to do it either. When I joined the Appropriations Committee, and we passed one bill at a time, the Senate passed one bill at a time, and we came to conference and sat down together, the members of the Defense Committee, the members of the Treasury, postal committee and labor health committees, we came together individually, and we worked out agreements between the two bodies. That is the way it ought to work. It's not working that way. And a world of alternatives, this is the best we have. So we need to take it. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Congressional Dish
Thank You Green Room

Congressional Dish

Play Episode Listen Later Oct 5, 2020 86:40


The Green Room is live! In this bonus thank you episode, learn how producers can access a private podcast feed only for Congressional Dish insiders before getting updates on government funding, non-existent COVID relief, and the Supreme Court nomination. Note: This episode was recorded four hours before President Trump revealed his COVID-19 diagnosis.  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Articles/Documents Article: House Passes $2.2 Trillion Coronavirus Relief Bill in Absence of Bipartisan Deal By Andrew Duehren and Natalie Andrews, The Wall Street Journal, October 1, 2020 Article: Trump signs continuing resolution, averting government shutdown By Nicole Ogrysko, Federal News Network, September 30, 2020 Article: Unsanitized: The Fall Surge in Cases Has Arrived, But Not Deaths By David Dayen, American Prospect, September 23, 2020 Article: Unsanitized: Another Round of Unused Leverage for House Democrats By David Dayen, American Prospect, September 22, 2020 Article: Democrats Need a Plan. Fast. By Adam Jentleson, The New York Times, September 21, 2020 Article: The complicated truth behind USPS chief DeJoy's divestment from Amazon stocks By Ellie Kaufman and Marshall Cohen, CNN, August 27, 2020 Article: Trump trade-war bailout flows to richest farmers; poor, black farmers left to struggle By Igor Derysh, salon, August 1, 2019 Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Congressional Dish
CD218: Minerals are the New Oil

Congressional Dish

Play Episode Listen Later Jul 31, 2020 96:07


Rare earth minerals are essential ingredients for many of the technologies that are important today and will be key in the future. In this episode, we learn about a new global economy being created around rare minerals and how the United States can catch up to the commanding lead that China has established in dominating the mineral dependent industries. Executive Producer: Coffee Infused Nerd  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish via Patreon (donations per episode) Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes CD215: COVID-19 Testimony, Listen on Spotify CD208: The Brink of the Iran War, Listen on Spotify CD201: WTF is the Federal Reserve? Listen on Spotify CD191: The Democracies of Elliott Abrams, Listen on Spotify CD190: A Coup for Capitalism, Listen on Spotify CD187: Combating China, Listen on Spotify CD186: National Endowment for Democracy, Listen on Spotify CD176: Target Venezuela: Regime Change, Listen on Spotify CD175: State of War, Listen on Spotify  CD167: Combatting Russia (NDAA 2018), Listen on Spotify CD156: Sanctions: Russia, North Korea, and Iran, Listen on Spotify CD131: Bombing Libya, Listen on Spotify CD102: The World Trade Organization: COOL? Listen on Spotify CD095: Secret International Regulations, Listen on Spotify CD067: What Do We Want In Ukraine?, Listen on Spotify  CD003: The Free Market vs. US, Listen on Spotify Bill Outline S. 1317: American Mineral Security Act Text as of July 27, 2020 TITLE I - American Mineral Security Sec. 102: Policy We will analyze supply and demand of minerals to avoid supply shortages, mitigate price volatility, and prepare for demand growth We will map and develop domestic resources of minerals Speed up the permitting process for mineral mining and new mineral manufacturing facilities Invest in workforce training for mineral exploration and development Transfer technology and information in international cooperation agreements Recycle critical minerals Develop alternatives to critical minerals Sec. 104: Resource Assessment Within 4 years of the date the bill is signed into law, a “comprehensive national assessment of each critical mineral” must be completed which identifies known quantities of each mineral using public and private information and an assessment of undiscovered mineral resources in the U.S. The information will be given to the public electronically Sec. 105: Permitting Orders reports to be done on expediting permitting Sec. 107: Recycling, Efficiency, and Alternatives The Secretary of Energy would be required to conduct a research and development program to promote production, use, and recycling of critical minerals and to develop alternatives to critical minerals that are not found in abundance in the United States. Sec. 109: Education and Workforce The Secretary of Labor will be given almost two years to complete an assessment of the Untied States workforce capable of operating a critical minerals management industry Creates a grant program where the Secretary of Labor will give “institutions of higher eduction” money for up to 10 years to create critical minerals management programs, and to help pay for student enrolled in those programs. Sec. 110: National Geological and Geophysical Data Preservation Program Authorizes, but does not appropriate, $5 million per year from 2020-2019 for the program created in 2005 that catalogs geologic and engineering data, maps, logs, and samples. This program was authorized at $30 million from 2006-2010. Sec. 112: Authorization of Appropriations Authorizes, but does not appropriate, $50 million for fiscal years 2020-2019. TITLE II: Rare Earth Element Advanced Coal Technologies Sec. 201: Program for Extraction and Recovery of Rare Earth Elements and Minerals from Coal and Coal Byproducts Requires the Secretary of Energy to create a program for developing “advanced separation technologies” for the extraction and recovery of rare earth elements and minerals from coal. Authorizes, but does not appropriate, $23 million per year for 2020-2027. Articles/Documents Article: Unsanitized: The HEALS Act Emerges By David Dayen, The American Prospect, July 28, 2020 Article: Pompeo’s Surreal Speech on China By Ernest Scheyder, The Atlantic, July 25, 2020 Article: Trump wants an ‘alliance of democracies’ to oppose China. It’s starting to take shape By By Shashank Bengali, Los Angeles Times, July 24, 2020 Article: Pentagon resumes rare earths funding program after review By Ernest Scheyder, Reuters, July 21, 2020 Article: Quantitative Easing vs. Currency Manipulation By Matthew Johnston, Investopedia, June 25, 2019 Article: China hands out more grain import quotas to increase purchases - sources by Hallie Gu and Dominique Patton, Reuters, May 13, 2020 Article: Trump’s tariffs on China could cost the US in its fight against the coronavirus by Audrey Cher, CNBC, April 13, 2020 Article: Mining the moon: Trump backs new space race by James Marshall, E&E News, April 27, 2020 Article: Trump wants more countries to join US policy approach to space resources, lunar mining by Michael Sheetz, CNBC, April 6, 2020 Article: Executive Order on Encouraging International Support for the Recovery and Use of Space Resources, White House, April 6, 2020 Article: As copper recovery declines, so does the tellurium supply for thin-film solar panels By Kelly Pickerel, Solar Power World, July 3, 2018 Article: Drone video shows blindfolded, handcuffed prisoners in China's Xinjiang Uyghur region By Liselotte Mas, The Observers, September 25, 2019 Article: China footage reveals hundreds of blindfolded and shackled prisoners By Lily Kuo, The Guardian, September 23, 2019 Document: Rare Earth Elements in National Defense: Background, Oversight Issues, and Options for Congress By Valerie Bailey Grasso, Specialist in Defense Acquisition, Congressional Research Service, December 23, 2013 Article: U.S. imposes quotas on some Chinese textiles By Keith Bradsher, The New York Times, Sept. 2, 2005 Additional Resources Bill: H.R.2262 - U.S. Commercial Space Launch Competitiveness Act, Congress.gov, November 25, 2015 Sound Clip Sources Speech: Communist China and the Free World’s Future, Michael R. Pompeo, Secretary Of State, Yorba Linda, California, The Richard Nixon Presidential Library and Museum, U.S. Department of State, July 23, 2020 Transcript: 14:00 Mike Pompeo: The Department of Justice and other agencies have vigorously pursued punishment for these crimes….And so our Department of Defense has ramped up its efforts, freedom of navigation operations out and throughout the East and South China Seas, and in the Taiwan Strait as well. And we’ve created a Space Force to help deter China from aggression on that final frontier. And so too, frankly, we’ve built out a new set of policies at the State Department dealing with China, pushing President Trump’s goals for fairness and reciprocity, to rewrite the imbalances that have grown over decades. 18:35 Mike Pompeo: It’s true, there are differences. Unlike the Soviet Union, China is deeply integrated into the global economy. But Beijing is more dependent on us than we are on them. 21:30 Mike Pompeo: The challenge of China demands exertion, energy from democracies – those in Europe, those in Africa, those in South America, and especially those in the Indo-Pacific region. And if we don’t act now, ultimately the CCP will erode our freedoms and subvert the rules-based order that our societies have worked so hard to build. 22:20 Mike Pompeo: So we can’t face this challenge alone. The United Nations, NATO, the G7 countries, the G20, our combined economic, diplomatic, and military power is surely enough to meet this challenge if we direct it clearly and with great courage. Maybe it’s time for a new grouping of like-minded nations, a new alliance of democracies. We have the tools. I know we can do it. Now we need the will. Speech: Attorney General Barr’s Remarks on China Policy at the Gerald R. Ford Presidential Museum, U.S. Department of Justice, July 16, 2020 Read Transcript Transcript: 13:50: The People’s Republic of China is now engaged in an economic blitzkrieg—an aggressive, orchestrated, whole-of-government (indeed, whole-of-society) campaign to seize the commanding heights of the global economy and to surpass the United States as the world’s preeminent technological superpower. 14:15: A centerpiece of this effort is the Communist Party’s “Made in China 2025” initiative, a plan for PRC domination of high-tech industries like robotics, advanced information technology, aviation, and electric vehicles, and many other technologies . Backed by hundreds of billions of dollars in subsidies, this initiative poses a real threat to U.S. technological leadership. 15:20 “Made in China 2025” is the latest iteration of the PRC’s state-led, mercantilist economic model. For American companies in the global marketplace, free and fair competition with China has long been a fantasy. To tilt the playing field to its advantage, China’s communist government has perfected a wide array of predatory and often unlawful tactics: currency manipulation, tariffs, quotas, state-led strategic investment and acquisitions, theft and forced transfer of intellectual property, state subsidies, dumping, cyberattacks, and industrial espionage. 16:30: The PRC also seeks to dominate key trade routes and infrastructure in Eurasia, Africa, and the Pacific. In the South China Sea, for example, through which about one-third of the world’s maritime trade passes, the PRC has asserted expansive and historically dubious claims to nearly the entire waterway, flouted the rulings of international courts, built artificial islands and placed military outposts on them, and harassed its neighbors’ ships and fishing boats. 17:00: Another ambitious project to spread its power and influence is the PRC’s “Belt and Road” infrastructure initiative. Although billed as “foreign aid,” in fact these investments appear designed to serve the PRC’s strategic interests and domestic economic needs. For example, the PRC has been criticized for loading poor countries up with debt, refusing to renegotiate terms, and then taking control of the infrastructure itself, as it did with the Sri Lankan port of Hambantota in 2017. This is little more than a form of modern-day colonialism. 19:20: The PRC’s drive for technological supremacy is complemented by its plan to monopolize rare earth materials, which play a vital role in industries such as consumer electronics, electric vehicles, medical devices, and military hardware. According to the Congressional Research Service, from the 1960s to the 1980s, the United States led the world in rare earth production.[6] “Since then, production has shifted almost entirely to China,” in large part due to lower labor costs and lighter environmental regulation. The United States is now dangerously dependent on the PRC for these materials. Overall, China is America’s top supplier, accounting for about 80 percent of our imports. The risks of dependence are real. In 2010, for example, Beijing cut exports of rare earth materials to Japan after an incident involving disputed islands in the East China Sea. The PRC could do the same to us. 41:00: In a globalized world, American corporations and universities alike may view themselves as global citizens, rather than American institutions. But they should remember that what allowed them to succeed in the first place was the American free enterprise system, the rule of law, and the security afforded by America’s economic, technological, and military strength. Globalization does not always point in the direction of greater freedom. A world marching to the beat of Communist China’s drums will not be a hospitable one for institutions that depend on free markets, free trade, or the free exchange of ideas. There was a time American companies understood that. They saw themselves as American and proudly defended American values. Hearing: U.S.-China Relations and its Impact on National Security and Intelligence in a Post-COVID World, U.S. House Permanent Select Committee on Intelligence, July 1, 2020 Read Transcript Witnesess: Dr. Tanvi Madan – Senior Fellow, Foreign Policy, The Brookings Institution Dr. Evan Medeiros – Penner Family Chair in Asian Studies and Cling Family Distinguished Fellow, School of Foreign Service, Georgetown University Mr. Orville Schell – Arthur Ross Director, Center on US-China Relations, Asia Society Ms. Meredith Sumpter – Head of Research Strategy and Operations, Eurasia Group Transcript: 21:15 Mr. Orville Schell: We were accustomed for many, many decades. And I've written this along. piece that's in the in the record, I think is my testimony. But engagement was the kind of center of how we related to China. And what were the presumptions of that? Well, the presumption was that this began in 1972, with Kissinger and Nixon going to China, that if we simply engage China across the board, that slowly, we would have a greater likelihood of more convergence rather than divergence that we would slowly morph out of the Cold War. And what is so extraordinary about the policy of engagement and I'm not one of the people who believes it was an erroneous policy. I do, however, believe it is a failed policy. But it was not erroneous, precisely because for eight presidential administrations United States government sought, and I think this is the height of leadership, to slowly bend the metal of China, to help China in to assist China, to morph out of its Maoist revolutionary period into something that was more soluble and convergent with the world as it existed outside, of the marketplace, international order, etc, etc. And I think if you look at all of these different administrations and go through them one by one, as I've done in the piece that's in your record, it is so striking to see how one president, Republican and Democrat came in after another, usually with a rather jaundiced view of China. Ultimately, they embraced the notion that we should try to engage China. So what happened? Well, I think just to cut to the chase here, what happened was that we have a regime in China now that's very different in its set of presumptions than that pathway that was laid out by Deng Xiaoping in 1978-79 of reform and opening. Without reform, without the presumption that China will both reform economically and politically to some degree, engagement has no basis. Because if you're not converging, then you're diverging. And if China actually is not trying to slowly evolve out of its own old Leninist, Maoist mold, sort of form of government, then it is in a sense, deciding that that is what it is and that is what its model is and that is what it's going to be projecting around the world. 55:45 Ms. Meredith Sumpter: Beijing decision makers believe that their state directed economic system is the foundation of the livelihood of their political system. In other words, we have been spending our energies trying to force China to change and China is not willing to change an economic model that it believes underpins its political longevity. 56:15 Ms. Meredith Sumpter: There are limits to how much we can force China to not be China. And China is working to try to create space for its own unique model within what has been up until just now with this competition, a largely Western based market consensus of how economic systems should work. 56:40 Rep. Jim Himes (CT): Do we care if they have a more state directed model? I mean, what we care about is that like, This room is full of stuff that has Chinese inputs in it. What we really care about is do they send us stuff that is of high quality and cheap. Do we really care? You know, I mean, the Swedes have a much more state directed model than we do. So do we really care? Ms. Meredith Sumpter: We care so long as we don't see China's model as impairing our own ability to viably compete fairly. And so this gets to that level playing field. And ultimately, this is not about the political ideology driven Cold War of the past. But it's really a competition over which economic model will deliver greater prosperity and more opportunity to more people in the years ahead. So in the short term, there's all this focus on China's incredible rise and the success of its economic model. And it's not trying to export that model per se. It wants to create space for its model to coexist in this market led global economic system. Hearing: China’s Maritime Ambitions, U.S. House of Representatives Committee on Foreign Affairs, Subcommittee: Asia, the Pacific, and Nonproliferation, June 30, 2020 Watch on YouTube Witnesses: Gregory Poling - Senior Fellow for Southeast Asia, Director of the Asia Maritime Transparency Initiative at the Center for Strategic and International Studies Dr. Oriana Sklylar Mastro: Resident Scholar at the American Enterprise Institute and Assistant Professor of Security Studies at Georgetown University Dr. Andrew Erickson: Professor of Strategy, China Maritime Studies Institute at the Naval War College and Visiting Scholar at the Fairbank Center for Chinese Studies at Harvard University Transcript: 21:45 Gregory Poling: Chinese interest and Chinese claims have expanded considerably over the decades. Prior to the 1990s, the South China Sea featured a dispute over islands. And then Beijing decided to declare straight baselines and internal waters around the paracels and more worryingly historic rights throughout the entirety of the South China Sea, claiming in some form all waters, all airspace, all seabed, in contravention of international law. Over the last decade, Beijing has become far more aggressive in pursuing that illegal claim. At the end of 2013, China embarked on a unprecedented campaign of artificial island building and military nation, which today allows China to deploy a 24/7 presence of naval Coast Guard and paramilitary forces throughout every inch of the nine dash line, slowly pushing its neighbors away from their legal rights, out of the waters guaranteed to them by international law. 26:00 Gregory Poling: The United States must have rotational forces deployed along the so called first island chain that rings China. And there is no place south of Japan that that can happen other than the Philippines, Admiral Davidson has recognized this. The United States might not be able to do that under Duterte, but we must prevent further erosion of the Alliance and we must prepare a plan for a post 2022, post-Duterte Philippines that will allow us to reengage. 37:00 Dr. Andrew Erickson: Here's where China's overwhelming and still rapidly growing numbers are posing very significant challenges for our efforts to keep the peace and stability in the region. In the naval dimension for example, while many advocate a US Navy of 355 plus ships, both manned and unmanned, China already has its own fully manned Navy of 360 warships according to data recently released by the Office of Naval Intelligence. 48:30 Dr. Oriana Sklylar Mastro: So the number of Chinese nationals overseas, for example, is a relatively new phenomenon. I wrote a paper about it maybe about eight years ago and you have 10s of thousands of Chinese companies operating now in the Indian Ocean region that weren't there before. That we have seen an uptick because of One Belt, One Road as well. And also China used to not be so reliant on oil and energy from outside and now they are one of the top importers and they rely on the Malacca straits for that. 1:00:00 Dr. Andrew Erickson: We see concretely already a naval base in Djibouti. And as you rightly pointed out, there are a series of other ports, where sometimes it's unclear what the ultimate purpose is. But clearly there's extensive Chinese involvement and ample potential for upgrading. 1:03:00 Dr. Andrew Erickson: China's Coast Guard really, in many ways is almost like a second Navy. It's by far the largest in the world in terms of numbers of ships, and while many of them are capable of far ranging operations, the vast majority of China's more than 1,000 coast guard ships are deployed generally near to China. Unlike Coast Guard, such as the US Coast Guard, China's Coast Guard has a very important sovereignty advancement mission. And China's coast guard by recent organizational changes is now formally part of one of China's armed forces, as I mentioned before. 1:08:45 Connolly: And meanwhile China is the title of this hearing is maritime ambitions. It's not just in the South China Sea. The fact that the Chinese built and now are operating the Hambantota port facility, which could easily become a military base because of the indebtedness of the Sri Lankan government and its inability to finance and serve the debt on that finance, has given China a strategic location, through which passes, I'm told, about 30% of all the word shipping, and it's a real nice reminder to India, that now China has that strategic location. Hearing: Impact of COVID-19 on Mineral Supply Chains, U.S. Senate Committee on Energy and Natural Resources, June 24, 2020 Witnesses: Nedal T. Nassar, Section Chief, National Minerals Information Center, Geological Survey, Department of the Interior; Joe Bryan, Atlantic Council Global Energy Center, Hyattsville, Maryland; Mark Caffarey, Umicore USA, Raleigh, North Carolina; Thomas J. Duesterberg, Hudson Institute, Aspen, Colorado; Simon Moores, Benchmark Mineral Intelligence, London, United Kingdom. Transcript: 22:00 Sen. Lisa Murkowski (AK): Border closures in Africa have impacted the export of cobalt from the Democratic Republic of Congo, and platinum from South Africa. Mines in Argentina, Peru and Brazil have temporarily shut down restricting supplies of lithium, copper and iron. 25:00 Sen. Lisa Murkowski (AK): The World Bank released a report last month estimating that demand for lithium, graphite and cobalt will increase 500% by 2050 to meet clean energy demand. 37:00 Nedal T. Nassar: Mineral commodities are the foundation of modern society. Smartphones would have more dropped calls and shorter battery lives without tantalum capacitors and cobalt based cathodes and their lithium ion batteries. Bridges, buildings and pipelines would not be as strong without vanadium and other alloying elements and their Steel's medical MRI machines would use more energy and produce lower quality images without helium cooled niobium based superconducting magnets. 38:45 Nedal T. Nassar: Tantalum and cobalt in smartphones for example, are now predominantly mined in the Democratic Republic of the Congo and refined in China. 39:00 Nedal T. Nassar: Concurrently, developed countries such as the United States have become increasingly import reliant for their mineral commodity needs, thereby increasing their exposure to foreign supply disruptions. 39:30 Nedal T. Nassar: Many high supply risk commodities are recovered as byproducts. The supply of byproducts has the additional challenge of potentially being unresponsive to demand signals, given their relatively minimal contribution to produce those revenues. 40:00 Nedal T. Nassar: Once a mineral supply chain is identified as high risk, the next step is to determine the best way to reduce that risk. Various strategies can be pursued including diversification of supply, identification and potential expansion of domestic mineral resources, increasing recycling, developing substitutes, maintaining strategic inventories and bolstering trade relations. 43:00 Joe Bryan: From communications gear that keeps our troops connected on the battlefield, to unmanned aerial and subsurface platforms to tactical ground vehicles, transitioning away from lead acid, lithium ion batteries are everywhere. That is not surprising. Energy storage can not only increased capability, but by reducing fuel use can also help take convoys off the road and our troops out of harm's way. 44:15 Joe Bryan: COVID-19 severely impacted the supply of cobalt, a key mineral in the production of lithium ion batteries. 44:30 Joe Bryan: But the lithium ion market also represents an opportunity. Tesla's Nevada Gigafactory is one example. The state of Ohio recently landed a $2.3 billion investment from General Motors and Korea's LG Chem to build a battery plant in Lordstown, Ohio. That facility will bring more than 1000 jobs to the Mahoning Valley. 45:00 Joe Bryan: Now we can't change geology and create resources where they don't exist. But we can change direction and compete for supply chains jobs in minerals extraction, processing, anode and cathode production and cell production. 45:15 Joe Bryan: The scale of global investment in the lithium ion supply chain is massive and investment patterns will have geopolitical impacts. Right now, commercial relationships are being forged and trade alliances hammered out. Decisions made over the next few years will define the global transportation industry for decades to come and plant the seeds of future political alliances. Maintaining our global influence and diplomatic leverage depends on us, not just getting in the race, but setting the pace. From establishing priorities for research and development, to setting conditions for attracting investment to most importantly, hitting the accelerator on transportation electrification. There are things we can do. But to date, our actions have matched neither the scale of the opportunity, the efforts of our competitors, nor the risk we accept, should we remain on the sidelines. 46:30 Sen. Lisa Murkowski (AK): Thank you, Mr. Bryan, appreciate you pointing out the importance of mineral security for our military. Some of us think that our American Mineral Security Initiative would be a good fit within the NDAA that will be coming before us for floor action in these next few days. So thank you for that reminder. 55:45 Thomas J. Duesterberg: Let me now turn to the auto industry. Other witnesses have noted the importance of lithium ion batteries in the control of China over the major mineral resources that go into those batteries. This is incredibly important to the future of the auto industry. China has clearly targeted this industry. It has control of the resources, has a goal of producing for its own domestic market, which is the largest market in the world, 80% of electric vehicles domestically by 2025. 56:30 Thomas J. Duesterberg: China is a major producer of manganese and magnesium minerals which are associated - controls of over 80% of those magnesium resources - which is incredibly important to the future of light vehicles. Substituting alloys with magnesium products is one key to reducing the weight of all kinds of transportation vehicles and construction equipment. 57:30 Thomas J. Duesterberg: Other witnesses have also mentioned rare earths, and other important minerals for which we are dependent on China, such as just tantalum to a certain extent cadmium, these are all important to the $500 billion semiconductor industry, where the United States holds a technological lead and produces over 45% of the chips that it produces here in the United States. 59:00 Thomas J. Duesterberg: I will finally note that the solar power industry also depends on rare earths like cadmium and tellurium. And the leading producer in the United States for solar as a thin film technology that depends greatly on these minerals and gives it an cost advantage over the related products that are being subsidized heavily by China. 39:30 Simon Moores: China is building the equivalent of one battery mega factory a week. United States one every four months. 40:00 Simon Moores: Since 2017, China's battery manufacturing pipeline has increased from nine to 107, which 53 are now active and in production. Meanwhile, the United States has gone from three to nine battery plants, of which still only three are active, the same number as just under three years ago. 1:02:30 Simon Moores: Lithium ion batteries are a core platform technology for the 21st century, they allow energy to be stored on a widespread basis in electric vehicles and energy storage systems. And they sparked the demand for the critical raw materials and candidates. A new global lithium ion economy is being created. Yet any ambitions for the United States to be a leader in this lithium ion economy continues to only creep forward and be outstripped by China and Europe. 1:03:00 Simon Moores: The rise of these battery mega factories will require demand for raw materials to increase significantly. By 2029, so 10 years from now, demand for nickel double, cobalt growth three times, graphite and manganese by four times, lithium by more than six times. 1:03:30 Simon Moores: The United States progress is far too slow on building out a domestic lithium ion economy. For the opportunities that remain are vast and the pioneers have emerged. Tesla has continued to lead the industry and build on its Nevada Gigafactory by announcing supersize battery plants in Germany and China and is expected to announce a fourth in Texas which will give you the United States as first ever 100% own MMA lithium ion battery cells. Ohio has recognized the scaling opportunity and attracted $2.3 billion from General Motors and LG Chem, a joint venture. You can also turn to Alabama, Georgia and Tennessee for electric vehicle and battery cell investment success. Yet, these developments are more of a standalone achievement in a coherent US plan. 1:04:20 Simon Moores: ...Imported raw materials and chemicals are the two main components that make a lithium ion battery - the cathodes and the anodes. America is some of the best cathode know how in the business, yet only three capital plants producing under one percent of global output, while China produces over two thirds of global supply from over 100 cathode [inaudible.] 1:04:45 Simon Moores: For graphite anodes, the United States has zero manufacturing plants while China has 48 plants and controls 84% total global anode supply. 1:05:00 Simon Moores: Developing this midstream of the supply chain will create a domestic ecosystem engine, more battery plants to be built, more electric vehicles to be made, more energy storage systems to be installed, animal spark with the betterment domestic mining and chemical processing. However, be under no illusions that the United States needs to build this 21st century industry from scratch. FDR's New deal for example, built core infrastructure that the United States still relies on today. Nearly 100 years later in similar economic and industrial circumstances your country has to do this all over again. Yet, instead of dams, you need to build battery mega factories in their tenant. Instead of highways and bridges and tunnels you need to build the supply chains to enable these mega factories to operate securely and consistent. These include cathode and anode plants and the lithium, cobalt, graphite, nickel and manganese sources to feed them. This has to be done at a speed scale and quality that will make most US corporations feel uncomfortable. Even more, the supply chain needs to be underpinned by bigger sized battery recycling facilities to match the scale of these operations and close the loop. One can also look to the creation of a battery creation - widespread US semiconductor industry back in the 1980s believe that the United States built in semiconductors and computing power has sustained your country's dominance in this space for over five decades. Those who invest in battery capacity and supply chains today will hold the sway of industrial power for generations to come. 1:06:30 Rep. Joe Manchin (WV): Yet here in United States, we have the General Mining Law of 1872, which frankly is nothing short of an embarrassment to our country. In 1872, Ulysses S. Grant was elected president and Susan B. Anthony was served an arrest warrant for voting. Tells you how antiquated our laws are for the hardrock mining, if we're serious about reducing our import reliance for critical minerals, our mining goals need to be updated. We need to improve the regulatory scheme for mines and low ratio at high grade areas and the claim patent system and help the mining industry put themselves in a better light in the public by establishing a royalty to share the profits with the American people. 1:09:15 Rep. Joe Manchin (WV): What portion of the supply chain either upstream or downstream needs the most attention in terms of our national security? Nedal T. Nassar: Thank you, Ranking Member Manchin. So it really the the answer depends on the commodity. So different commodities will have different bottlenecks in their supply chains. In some cases, there's a highly concentrated production on the mining stage. In other cases, it might be further downstream. So for example, for niobium, an element that's produced in only a handful of mines worldwide. And so there are very few mines that are producing it and a single mine might be producing somewhere on the order of two thirds of the world's supply. On the other hand, there might be commodities where it's really not about mining, and it's the there's enough concentrate being produced, but we're simply not recovering it further downstream, such as many of the byproducts. So, earlier, one of the other witnesses mentioned tellurium. There's a lot of tellurium in some of the concentrate that we're mining with copper. Once it gets to the our copper electrolytic refineries, it's simply not recovered for economic reasons. So there there are different stages for different commodities. And that's why I mentioned in my testimony that we do need to look at these supply chains individually to figure out what really is the bottleneck and what strategy would be most effective at reducing that bone. 1:17:45 Sen. Lisa Murkowski (AK): I recall a hearing here in the Energy Committee and one of our witnesses made the comment when it came to recycling that the first place we should look to mine is within our own economy not in the earth but what we have already produced and and basically, remind, repurpose, reuse that so thank you for that comment. 1:19:20 Thomas J. Duesterberg: As Senator Manchin alluded to, we need to revise our mining laws to speed up the permitting process. And perhaps put some time limit on the impact environmental reviews and mining permitting for critical materials. 1:41:30 Joe Bryan: At the same time, from a national security perspective, we may not have minerals but we in some segment segments of the supply chain, but we do have allies and people we can work with and we need to really reach out to those folks like Australia is a perfect example. How are we working with Australia to diversify our supply chain to support our own needs and also perhaps to hedge against China? 2:01:00 Joe Bryan: As a point of reference, note the scale of the Europeans investment, just one of the tranches of funding that came out of the EU. Last December, they put three and a half billion dollars into supply chain investments. Three and a half billion dollars. That's one tranche. I think the European Investment Bank has said that something like 100 billion dollars has been channeled to the battery supply chain. So the scale of their effort is, we sort of pale in comparison to that, notwithstanding your efforts, Madam Chairman, the other thing I would say is post-COVID, it's interesting, I think Europeans have seen support for electrification and the supply chain in their stimulus packages. I know Germany and France have both targeted those industries as part of their stimulus. And I think the reason for that is, we obviously, countries are going to want to recover what they have lost, but they also are seeing this as an inflection point for them to decide where they want to be in the future. And so I think they've taken advantage of that opportunity and have have sort of doubled down on it. And I think we're in the same position as we assess where we are and where we're going. But the scale of their commitment has been, I'll say impressive. 2:11:00 Joe Bryan: Our weakness is throughout the supply chain. So if we have a stockpile of minerals, but they're not processed and usable, then I'm not sure how much good it does. If we have to ship the stockpiled minerals to China for processing, that's probably not the most ideal scenario. So I think we have to look again holistically at the supply chain, look at what we need, and figure out how we position ourselves to attract the kind of massive massive economy changing, transforming levels of investment that are happening globally to the United States. Hearing: Minerals and Clean Energy Technologies, U.S. Senate Committee on Energy and Natural Resources, September 17, 2019 Witnesses: The Honorable Daniel Simmons - Assistant Secretary for the Office of Energy Efficiency and Renewable Energy, Department of Energy, Simmons Testimony Dr. Morgan Bazilian - Director of the Payne Institute and Professor of Public Policy, Colorado School of Mines, Bazilian Testimony Ms. Allison Carlson - Senior Vice President, Foreign Policy Analytics, Carlson Testimony Mr. Robert Kang - CEO, Blue Whale Materials, LLC, Kang Testimony Mr. Mark Mills - Senior Fellow Manhattan Institute for Policy Research, Inc., Mills Testimony Transcript: 40:45 Daniel Simmons: Material intensity and potential global demand is illustrated by a recent report, by a recent analysis by the head of Earth Sciences at the Natural History Museum in the UK, using the most current technologies, for the UK to meet their 2050 electric car targets, it would require just under two times the current annual world cobalt production, nearly the entire world production of neodymium, three quarters of the world's lithium production and at least half of the world's copper production. And to put that in perspective, the UK the population of the UK is only 66 million currently, while the population in the United States is 327 million. 41:40 Daniel Simmons: Cobalt makes up 20% of the weight of the cathode of lithium ion electric vehicle batteries. Today, cobalt is considered one of the the highest material supply risks for electric vehicles in the short and medium term. Cobalt is mined as a secondary material from mixed nickel and copper ore. With the majority of the global supply mined in the Democratic Republic of Congo, as Senator Manchin mentioned. 52:15 Robert Kang: We need to collect far more of the spent batteries for recycling. The US currently collects less than 5%, while Europe collects approximately 40% or more. Secondly, we need to expand the United States capacity to process batteries. Today, we shipped most of our collected lithium ion batteries for recycling to China, South Korea and Europe. Increasing us processing capacity will allow us businesses to control the flow of these metals earlier in the supply chain. Lastly, we should encourage refining capabilities here in the US. A market for recycled metals will support investments to strengthen the entire lithium ion battery industry in the US. 1:17:45 Robert Kang: I've heard estimates that anywhere from about 20-30% of the world's mineral needs can be met by recycling. Sen. Angus King (ME): Well, that's not insignificant. That's a big number. Robert Kang: And actually it's reclaiming value from our waste stream. Sen. Angus King (ME): Right. Robert Kang: One way to think about this is if you could change your perspective, I believe one of the next new minds of the future, our urban cities, our homes, we have these, this material locked away in our drawers and inboxes that we don't look at too often. So if we can promote collection, if we can take these kind of, spent batteries away from, or bring them back to this industry, I think we can claim a significant amount of minerals. 1:19:00 Robert Kang: We are well aware of foreign entities now that are coming into the US and setting up recycling facilities here because they see these minerals and it's widely known that the US is one of the largest producers of spent lithium ion batteries. Sen. Angus King (ME): They're mining under our very noses. Robert Kang: Yes, sir. Sen. Angus King (ME): In a domestic resource. Robert Kang: Yes, sir. Sen. Angus King (ME): Ridiculous. Sen. Lisa Murkowski (AK): Who is it? Robert Kang: Well, I do know that there is a Korean company that is coming in. There is a Canadian company that's setting up facilities here, as well as we are aware of conversations and research by Chinese firms recyclers who are coming into this market. 1:42:30 Sen. Martin Heinrich (NM): My constituents, is the incredible legacy of uncleaned up mines across the west. There are thousands of them. A few years ago during the gold King mine spill, irrigators had to close off their ditches not water their crops, not water their livestock. There were municipal and tribal impacts as huge amounts of released heavy metals came downstream because of the uncleaned up legacy of 150 years of abandoned mines all across the Mountain West. So I think if we're going to, you know, create a path forward, one of the things we need to do is really think about reforming the 1872 mining act if we're going to create the the environment where some of these other things can move forward in a first world country. Hearing: Mineral Security and Related Legislation, U.S. Senate Committee on Energy and Natural Resources, May 14, 2020 Witnesses: The Honorable Joe Balash - Assistant Secretary for Land and Minerals Management, U.S. Department of the Interior, Balalsh Testimony Dr. David Solan - Deputy Assistant Secretary for Renewable Power, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy Mr. Jonathan Evans - President and COO, Lithium Americas, Evans Testimony Dr. John Warner - Chairman, National Alliance for Advanced Transportation Batteries, Chief Customer Officer, American Battery Solutions, Warner Testimony Dr. Paul Ziemkiewicz - Director, West Virginia Water Research Institute, West Virginia University Transcript: 36:00 David Solan: Critical minerals are used in many products important to the US economy and national security, and they are particularly important to the most innovative clean energy technologies. For example, some of the minerals DOE considers the most critical in terms of supply risk include gallium for LEDs, the rare earths dysprosium in neodymium for permanent magnets and wind turbines and electric vehicles, and cobalt and lithium for electric vehicle and grid batteries. The US is dependent on foreign sources of many critical minerals. And we also currently lack the domestic capability for downstream processing and materials as well as the manufacturing of some products made from them. 41:10 Jonathan Evans: Lithium Nevada Corporation is a wholly owned subsidiary of Lithium Americas. It is headquartered in Reno, Nevada and is developing a project called Factor Pass, which is the largest known lithium resource in the United States. Factor Pass will profoundly improve the supply of lithium chemicals by producing 25% of today's global lithium demand when in full production. Currently, the US produces just 1% of lithium minerals and 7% of lithium chemicals. 49:15 John Warner: Chinese companies are buying up energy materials supply sources around the globe in order to ensure that battery manufacturers based in China have access to reasonably stable supplies of low cost materials. 1:04:30 Paul Ziemkiewicz: Some price support, if not, market support is needed in the early stages, because the first thing that Chinese will do and they've done it before, is drop the price on the market because it has its monopoly. And that'll drive anyone out of business. Mountain Pass was our only active mine right now in United States sends all of its oxide product to China for refining. Sen. Joe Manchin (WV): Is that because environmental laws in America we were making it very difficult for us to do that process. Paul Ziemkiewicz: I think, and I'm not an economist, but I think it's just because they have the supply chain. 1:16:15 Joe Balash: At the Department of the Interior, we're seeing a graying of our own staff in terms of the the expertise for mining in general and that is something that we see nationwide. 1:17:45 John Warner: There's very few universities today that actually do focus on a program to develop battery engineers, which is one of the most unique engineering fields because it does compromise and come compose of all of the engineering facets from thermodynamics to electronics and software to the chemistry of it. 1:21:20 Jonathan Evans: There are ways to do this. And I think it will be done very, very safely. If you look at traditional sources at least at lithium, but also known cobalt and others, I think projects can do good and do well. Even under the current environmental laws that we have or what's being promulgated in the future, it's possible I think to live in both worlds. 1:22:50 Jonathan Evans: You go next across the border to Canada or Australia, they still have strict environmental standards as well, but they accomplish what Senator Murkowski said. It's seven to 10 years to get approvals here in the United States. There's lots of mineral resources in those countries, it's usually about two years, because there's very strict process, agencies work together and they have, they have to get back and close the process out where things can drag. Sen. Angus King (ME): One of the things we did in Maine that was helpful, might be useful is one stop shopping. In other words, you don't have to go serially to five agencies, you have one lead agency and everybody else works through that process and that we found that to be very effective. 1:25:15 Paul Ziemkiewicz: The Japanese had a territorial dispute on some islands between Japan and China. And it was few years ago, 2010 maybe, the Chinese simply restricted the ability for the Japanese to get their rare earth supply. And the Japanese caved within something like three or four months. Sen. Angus King (ME): Because of the Japanese manufacturer of these high tech devices that needed that supply? Paul Ziemkiewicz: That's correct Senator. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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Congressional Dish
CD213: CARES Act - The Trillions for COVID-19 Law

Congressional Dish

Play Episode Listen Later Apr 27, 2020 149:56


The U.S. Treasury has been legally robbed! In this episode, discover the secret provisions in the multi-trillion dollar CARES Act that no one is talking about (like the new process for over the counter drug approvals) and discover the reasons behind problems that everyone is talking about (like why Mom & Pops can't get a small business loan approved but Fogo de Chao can.) The good news is that the problems are so obvious that they are easily fixed... If Congress ever comes back from vacation.  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD160: Equifax Breach CD199: Surprise Medical Bills CD201: WTF is the Federal Reserve? CD212: The COVID-19 Response Laws Bills H.R.748 - CARES Act Text: H.R.748 - CARES Act Roll Call: H.R.748 - CARES Act House passed by voice vote at 1:25pm on March 27th Transcript: House debate Tom Massie demanded a recorded vote but an insufficient number of members supported him and the demand for a recorded vote was refused Signed by Trump on March 27 CARES Act Outline DIVISION A - Keeping Workers Paid and Employed, Health Care System Enhancements, and Economic Stabilization TITLE I - Keeping American Workers Paid and Employed Act Sec. 1102: "Paycheck Protection Program" (Small Business Loans) The Federal Government will guarantee 100% of the loans made under this authority between February 15, 2020 and June 30, 2020. The loans are allowed to be used by businesses to pay for their employees salaries, tips, sick and vacation time, health care, retirement benefits, and state and local taxes. Sole proprietors and independent contractors are eligible. All payments are capped at a salary rate of $100,000/yr per individual. Payments are not eligible for employees who live outside the United States, even if they are US citizens. A “small business” is defined as a business with fewer than 500 employees per physical location. Usually, franchises in a large corporate chain would be except from receiving these loans, but that exemption is waived. Nonprofits and veterans organizations are eligible as well. The maximum loan amount is $10 million. No personal guarantee or collateral can be required to get the loans between February 15, 2020 and June 30, 2020. There are no penalties allowed for prepayment of the loans. The Federal government will collect no administration fees. Interest rates are capped at 4% Fees for banks: The government will pay the bankers processing fees of 5% for loans under $350,000, 3% for loans between $350,000 and $2 million, and 1% of loans over $2 million. Loan payments must be allowed to be deferred - so no required payments of principal, interest, or fees - for at least 6 months and up to one year. The loans are allowed to be sold on the secondary market, but if the investor doesn’t want to abide by the deferment requirements, the government can buy the loan. Banks are going to be exempted from some disclosure requirements for these loans. The law authorizes $349 billion for this program. Sec. 1106: The loans from Section 1102 are eligible for forgiveness - as in you don’t have to pay them back - if the loan money was used for payroll costs, interest-only on mortgage payments (it specifically excludes payments towards the principal on a mortgage loan), rent payments, and/or utility payments. The government will pay the bankers for amount of the loan forgiven plus interest, capped at the amount of the principal on the loan. The amount of loan forgiveness will be reduced if the business employees fewer people during the COVID-19 crisis than they did before. The amount of forgiveness will be reduced by the amount of salary that employees who make less than $100,000/yr have their pay reduced beyond a 25% cut. Businesses can get loan forgiveness for extra money given to tipped employees. Businesses who re-hire their employees or re-instate employees salary to their pre-crisis level by June 30, 2020 will be eligible to have their loans forgiven. The banks will decide who will have their loans forgiven and banks are prohibited from being punished if the documentation submitted to them is wrong until June 30, 2020. Sec. 1110: From January 31, 2020 through December 31, 2020, businesses with fewer than 500 employees, sole proprietorships, and independent contractors can request a $10,000 advance to pay for employee sick leave, payroll, increased costs for materials, rent, or mortgage payments. The business can be approved using a credit score or self certification of the ability to repay. The advance can be up to $10,000 and must be paid within 3 days. If the applicant is approved for a loan, the advance will be reduced from the loan forgiveness amount. If the applicant isn’t approved, the advance doesn’t have to be repaid. $10 billion is appropriated for the advances. Sec. 1112: The government will pay the principal, interest, and fees for six months on some existing loans that are guaranteed by the government by the Small Business Act. $17 billion is appropriated for these payments. Sec. 1113: Until March 27, 2021, small businesses that want to declare bankruptcy and reorganize under Chapter 11 must have debts under $7.5 million instead of $2,725,625 as is usually the case, which increases the number of small businesses that will be eligible. TITLE II - Assistance for American Workers, Families, and Businesses SUBTITLE A: Unemployment Insurance Provisions Sec. 2102: Pandemic Unemployment Assistance Who qualifies: People who would qualify under existing State laws People who self-certify that are able to work except that the person has been diagnosed with COVID-19, someone in their home has been diagnosed with COVID-19, they are caring for someone with COVID-19, has a child whose daycare or school is closed due to COVID-19, can’t get to work because of a COVID-19 quarantine, their work is closed due to COVID-19, or they are self employed. People who do not qualify are people who have the ability to telework with pay or people who are receiving paid sick leave or other paid leave benefits Effective period: Beginning on or after January 27, 2020 and ending on or before December 31, 2020 Limits: No one can get unemployment benefits for more than 39 weeks, but this can be extended by the Secretary of Labor if needed Sec. 2104: Unemployment Amounts: It’s the amount determined by your state’s unemployment law plus $600 per week if the state chooses to enter into an agreement with the Secretary of Labor. The Federal government will pay for 100% of the costs of the extra unemployment payments and the administration costs. It’s an unlimited appropriation and it’s valid until July 31, 2020. SUBTITLE B: Rebates and Other Individual Provisions Sec. 2201: Issues a means tested “advanced refund" of $1,200 per adult and $500 per child. You only get the full amount as an adult if you make $75,000 per adult or less. People who make more than $75,000 per adult will have their check amount reduced based on their income up to about $100,000. People who make more than that will get nothing. The payment will be delivered via direct deposit to anyone who has authorized the IRS to do so since January 1, 2018 while everyone else will have to wait for checks. If we accidentally get overpaid, the IRS can’t charge us interest on that payment. The payments will be made for the 2019 tax year if you have already done your taxes for last year. If you haven’t, it’ll be based on 2018. They will send a notification in the mail to us about our payments to our last known address, which will tell us the amount and if it’s going to be delivered via direct deposit or by check. Sec. 2202: Waives rules that penalize removing money from your retirement accounts if you take the money out between January 1, 2020 and December 31, 2020.. You can take out up $100,000 in “coronavirus-related distributions”. You are allowed to pay it back in full for 3 years starting on the day you took the money out. To qualify, you have to self certify that you are someone who had COVID-19, is caring for a spouse or dependent who had COVID-19, or someone who was financially screwed in some way due to being quarantined, having work hours reduced, or having to care for a child. Sec. 2203: Waives the requirements that people over the age of 72, or their dependents who inherited their retirement accounts, to withdraw some money from the retirement accounts every year. The waiver is valid even for people who were not adversely affected by COVID-19. Sec. 2204: Allows people - even those that don’t itemize their deductions - to deduct $300 in donations in 2020 for cash payments given to charities, a government organization, educational organizations, veterans organizations… There’s a long list. Applies to taxable years starting with 2020. Sec. 2205: For people who do itemize their deductions, the current limit of cash contributions than can be written off (which is a maximum of 60% of the taxpayer’s tax bill for the year) is suspended. You can deduct up to your entire tax bill, although maybe even more because carry-overs are allowed. For corporations, the usual limit of cash contributions that can be written off (10% of the corporation’s income) is increased to 25% of the corporation’s income. The corporate limit increase is valid only in 2020. Sec. 2206: Allows employers to pay for some of an employee’s student loan - principal and/or interest - tax free if the payment is made by January 1, 2021. SUBTITLE C - Business provisions Sec. 2301: Employers with more than 100 employees will be able to get a tax credit for half of the wages they pay to their employee’s who can’t work, with a limit of $10,000 per employee per quarter. Employer with fewer than 100 employees can get the tax credit for all their employees. Employers who qualify are ones that had to close due to COVID-19 or whose gross receipts are less than 50% of what they were the same quarter last year. Employers who take out the small business loans created by this law can’t get this credit too. They will lose this tax credit in the quarter after their gross receipts are more than 80% of what they were in same quarter the prior year. This is predicted to save companies $54.6 billion. Sec. 2302: Allows employers to defer payroll taxes, with half the amount required to be paid by December 31, 2021 and the other half due by December 31, 2022. Businesses that have had loans forgiven using the provisions in this law are not eligible. Sec. 2303: The IRS code has, for many years, allowed business losses to be carried over to following years, so that the companies tax liability will be lower in the years to come. This law changes that so business losses from 2018, 2019, 2020, and 2021 can be carried backwards to each of the five years before the loss while also allowing the existing option to carry the losses forward too. The law also removes the limit that said that this couldn’t be done to offset more than 80% of taxable income for 2018, 2019, or 2020, which means this can be used to zero out their taxable income for years since 2013. This means that companies will be able to get refunds on taxes they paid on taxes going as far back as 2013. In those years, corporate tax rates were higher, so reducing their income levels retroactively lets them get more money back from those higher tax years. There’s no requirement that the businesses that get this tax gift be in any way negatively affected by COVID-19. This is estimated to provide $25.5 billion to corporations Sec. 2304: Prior to the 2017 tax cut law, individual taxpayers could deduct unlimited business losses against other kinds of income. The 2017 tax law changed that so that losses could only be used to shelter the first $250,000 or $500,000 of a married couple’s nonbusiness income, such as capital gains from stock market investments. This law retroactively removes new limits imposed by the 2017 tax law going back to 2018 and until 2021. This will allow individuals to submit amended returns and get refunds that weren’t allowed in 2018 and 2019. In reality, this will allow wealthy investors to use losses generated by depreciation in real estate to minimize their taxes on profits from things like investments in the stock market. No harm from COVID-19 needs to be proven in order to use and benefit from this provision. This is the second largest tax giveaway in this law. This is projected to cost almost $170 billion. Sec. 2305: Allows corporations expecting a refund due to the repeal of the alternative minimum tax in 2017 to get that refund faster. Sec. 2306: Increases the amount corporations can deduct on the interest expenses it pays on its loans from 30% of the company’s “adjusted taxable income” to 50%. Companies can do this regardless of any affect COVID-19 had on their business. This is projected to cost $13.4 billion. Sec. 2307: A tax credit for real estate owners, this changes a provision in the 2017 tax law to allow real estate owners to write off the costs of improvements to the interiors of their properties in the first year instead of spreading them out over many years. This is backdated to the enactment of the tax law, which will allow real estate owners to get tax refunds. Sec. 2308: Waives the federal excise tax on any alcohol used in hand sanitizer for calendar year 2020. TITLE III - Supporting America’s Health Care System in the Fight Against the Coronavirus Part 1 - Addressing Supply Shortages Subpart A - Medical Product Supplies Sec. 3101: Orders a report from the National Academies of Sciences, Engineering, and Medicine on the security of the United States medical product supply chain, specifically by evaluating the dependance of the United States and our private sector on critical drugs and devices sources or manufactured outside of the United States. Sec. 3103: Manufacturers of certain types of masks and ventilators are granted immunity from lawsuits during public health emergencies. Subpart B - Mitigating Emergency Drug Shortages Sec. 3112: Requires the manufacturers of drugs critical to the public health to report interruptions to the supply of the drug when the cause of the interruption is an interruption in the supply of the active pharmaceutical ingredient. They must also create and implement risk management plans. Is not effective until mid-September 2020. Subpart C - Preventing Medical Device Shortages Sec. 3121: Requires manufacturers of medical devices that are critical to public health to report to the government during or in advance of a public health emergency any interruptions in the manufacture of the devices that could lead to a meaningful disruption in the supply of that device in the United States. Unless it’s not possible, the government must get this notification at least 6 months prior to the date that the interruption or discontinuance is expected. The government must then distribute the information to appropriate health care industry officials. The government can keep the information from the public if disclosing it increases the likelihood of over-purchase of the product. Part II - Access to Health Care For COVID-19 Patients Subpart A - Coverage of Testing and Preventive Services Sec. 3201: Amends the Families First Coronavirus Response Act (the 2nd COVID-19 Response Law) so that coverage is only for COVID-19 tests that are “approved, cleared, or authorized” or that the developer has requested or intends to request emergency use authorization, is developed in and authorized by a State, or another test that HHS determines appropriate in writing. This provision did not change the language (loophole) that requires visits be covered only if they “result in the ordering or administration of a COVID-19 test.” Sec. 3202: Health care providers must publish on a public internet website the prices for COVID-19 testing. If health insurers have a negotiated rate with a providers, they are allowed to pay that rate if it is lower than the published rate. If there is no negotiated rate, the insurance companies must pay the amount listed on their public website. Sec. 3203: The health insurance companies “shall” be required to cover, without cost sharing, “any qualifying coronavirus preventive service” (which is “a service or immunization that is intended to prevent or mitigate coronavirus disease 2019) within 15 days of it’s official recommendation by the United States Preventive Services Task Force or the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. Subpart B - Support for Health Care Providers Sec. 3211: Provides $1.32 billion in extra funding for community health centers that are testing for COVID-19 Sec. 3215: Gives legal immunity in State and Federal courts to medical professionals who volunteer and provide services during the COVID-19 public health emergency declared on January 31, 2020, but the immunity is only valid for actions that took place after March 27th (the date of enactment). The immunity is not valid if the health care professional acted with willful or gross negligence or if the health professional was intoxicated by drugs or alcohol. Subpart C - Miscellaneous Provisions Sec. 3222: Elderly people who are homebound due to social distancing requirements during the COVID-19 emergency will be able to get government food deliveries as if they were homebound due to illness, as the law usually requires. Part III - Innovation Sec. 3301: Allows contracts created by BARDA (the Biomedical Advanced Research and Development Authority) during a public health emergency to continue past the end date of the public health emergency. Sec. 3302: Requires - no option - the Secretary of Health and Human Services to expedite the development and review of new animal drugs if preliminary clinical evidence indicates that the new drug might prevent or treat an animal disease that could cause serious or life-threatening diseases in humans, if the expedited process is requested by the organization creating the animal drug. Part IV - Health Care Workforce Sec. 3401: Appropriates $23.7 million per year through 2025 for grants to health professions schools and other public and nonprofit health or educational organizations, but with most of the grants being funded at significantly lower rates than they were during the Obama years. For example, for loan repayments and fellowships, they provided $5 million/yr during 2010-2014; that’s decreased to $1.2 million for 2021-2025. For educational assistance for people from disadvantaged backgrounds, they provided $60 million/yr during 2010-2014; that’s decreased to $15 million for 2021-2025. For grants to public and nonprofit private hospitals and medical schools, they provided $125 million/yr during 2010-2014; that’s decreased to under $49 million for 2021-2025. For health education center programs, they provided $125 million/yr during 2010-2014; that’s decreased to under $41.2 million for 2021-2025. For public health training centers, they provided at least $43 million/yr for 2012-2015; that’s decreased to $17 million for 2021-2025. The only category that gets significantly greater funding is a pediatric specialty loan repayment program that requires the student to work for at least 2 years in pediatric medicine to get the money. The funding level was $50 million/yr from 2010-2013, the funding is authorized to be unlimited from 2021 through 2025. All of these are authorizations for appropriations, they don’t provide any additional money. Sec. 3403: Requires grants and contracts be awarded for a Geriatrics Workforce Enhancement Program, that would train health professionals in geriatrics. The law authorizes about $40 million, but doesn’t appropriate it. This is a problem because Congress frequently will authorize programs they have no intention of funding, and without the funding, they don’t really exist. Sec. 3404: Authorizes appropriations, but does not appropriate, for nursing eduction programs about $138 million/yr for fiscal years 2021 through 2025, which is a decrease from the funding of $338 million that was valid from 2011-2016. Also authorizes, but does not appropriate, $117 million/yr from 2021-2015 for nursing student loans. Subtitle B - Education Provisions Sec. 3503: Through 2021, the requirement that all colleges match Federal funding for student work-study programs) is waived except for private for-profit organizations. Sec. 3504: Colleges will be allowed to use some of their federal Supplemental Educational Opportunity Grant money for students facing “unexpected expenses and unmet financial need”. The student can be given up to the maximum Federal Pell Grant for that year (which is currently $6,345). Sec. 3505: Allows colleges to pay student their work-study wages up to the full amount they would have been paid had there not been an emergency. They can make the payments in one-time grants or as multiple payments. Sec. 3506: The semester that students with loans couldn’t finish because of COVID-19 will not be counted towards their lifetime limits on subsidized loan eligibility. Sec. 3507: The semester that students with loans couldn’t finish because of COVID-19 will not be counted towards their lifetime limits on Pell Grant eligibility. Sec. 3508: Colleges, including for-profit colleges, that have students with loans withdraw from their schools due to COVID-19 will not have to repay the money they received from that student. The students will not have to return the money either and their loan obligation will be cancelled. The schools are allowed to let the student return after a leave of absence. Sec. 3511: Gives the Secretary of Education the option, at the request of a State, local, or tribal government, to waive statutory and regulatory requirements except for civli rights laws. The waivers may also be granted to charter schools. The waivers will not be valid past the 2019-2020 school year. Sec. 3512: During the COVID-19 emergency, the Secretary of Education can make payments - including on principal and interest - on loans issued to historically black colleges and universities through the HBCU Capital Financing Loan program, but the payments will have to be repaid to the Department of Education no sooner than one year after the COVID-19 emergency ends. The law appropriates $62 million. Sec. 3513: The Secretary of Education is required to suspend all payments due for student loans until September 30, 2020. Interest is not allowed to accrue during the suspension time. Each month during the suspicion must be treated as if the payments were made for the purpose of loan forgiveness programs. During the suspension period, student loan collections actions including wage garnishment and tax refund reductions must stop. People with student loans are allowed to keep making payments towards their principal. Sec. 3518: Allows the Secretary of Education to change the requirements, including matching requirements, for grant money given to colleges for the year of the emergency and the following fiscal year. Sec. 3519: Allows the Secretary of Education to excuse teachers from obligations they made to receive grants. The Secretary of Education is required to waive requirements that teaching service be consecutive for loan forgiveness as long as the teach completes a total of 5 years of required teaching service. Subtitle C - Labor Provisions Sec. 3606: Allows employers who will get a credit for the sick and family leave they are providing their employees to get that credit in advance. Sec. 3608: Required payments to employee pension plans can be postponed until January 1, 2021, but they must be paid with interest. Sec. 3610: Allows any government agency to change their contracts to allow the government to pay for up to 40 hours per week of paid leave that a contractor provides to its employees until September 30, 2020. This only applies to contractors who can’t work because the facilities where they work are closed and who can’t do their work remotely. Subtitle D - Finance Committee Sec. 3701: High deductible health insurance plans that do not include deductibles for telehealth services will still be considered high deductible plans. Sec. 3702: Starting on January 1, 2020, menstrual care products are considered medical products, which allows people to purchase them with Health Savings Accounts. Sec. 3703: Allows people on Medicare to be covered for telehealth visits to doctors they have not seen before. Sec. 3705: During the COVID-19 emergency, dialysis patients who receive their treatments at home do not need to meet face to face with their doctors, which allows the visit to be conducted via telehealth. Sec. 3706: The Secretary of Health and Human Services can allow hospice physicians or nurse practitioners to conduct patient visits via telehealth during the COVID-19 emergency Sec. 3709: Stops the 2% Medicare sequestration from May 1, 2020 through December 31, 2020, but extends sequestration for an extra year (to 2030 instead of 2029) Sec. 3710: Medicare will pay an extra 20% for people diagnosed with COVID-19, using “diagnosis codes, condition codes, or other such means as may be necessary” during the emergency period declared by the Secretary of Health and Human Services. Sec. 3713: Beginning on the day that a COVID-19 vaccine is licensed, Medicare will not charge a deductible for the the vaccine or its administration. Sec. 3714: Allows people on Medicare to get 90 day supplies of their drugs in a single refill for the during of the COVID-19 emergency declared by the HHS Secretary. Sec. 3719: During the emergency period, the Secretary of HHS can loan hospitals an advance of up to 6 months of Medicare payments. The payments can be made periodically or in a lump sum for up to 100% of the their usual payments, 125% for critical access hospitals. Hospitals will have to be given 120 days before any payments are decreased to offset the loans and must be given at least 1 year from the date of their first loan receipt to pay back the balance in full. Subtitle E: Health and Human Services Extenders Part I - Medicare Provisions Sec. 3803: Restores the funding levels of recently gutted low income programs. $13 billion to state health insurance programs, $7.5 billion to area agencies on aging, and $5 billion for aging and disability resources centers, and $12 billion for the National Center for Benefits and Outreach Enrollment. Part II - Medicaid Provisions Sec. 3813: Delays $4 billion in payment cuts to hospitals written into the Affordable Care Act which were supposed to begin in 2014. Hospitals were expected to be treating fewer uninsured individuals when the cuts were written into law. Part III - Human Services and Other Health Programs Sec. 3821: Extends the “Sexual Risk Avoidance Education Program” (abstinence eduction) from its scheduled end of May 22, 2020 to November 30, 2020. The program gives grants to states that agree to promote abstinence-only sex ed. Requirements and funding levels Sec. 3822: Extends the “Personal Responsibility Education Program” from its scheduled end of May 22, 2020 to November 30, 2020. Requirements and funding Part IV - Public Health Provisions Sec. 3831: Adds $1.5 billion to the funding for Community Health Centers to bring the funding to equal the 2019 funding, and funds them at the same rate through November 30, 2020. Adds $241 million to the funding for the National Health Service Corps, whose funding was allowed to lapse in December 2019, restoring its funding to equal the 2019 funding. Adds $45 million to teaching health centers that operate graduate medical programs to bring the funding to equal the 2019 funding, and funds them at the same rate through November 30, 2020. Subtitle F - Over the Counter Drugs Part 1 - OTC Drug Review Sec. 3851: Creates a new process for FDA approval of over the counter drug applications. Allows the Secretary of Health and Human Services to issue administrative orders to approve changes and new uses of over the counter drugs instead of requiring drug companies to go through the standard review process that takes longer. Companies whose applications are approved will get 18 month exclusivity on their drugs. Sec. 3854: Allows sunscreen companies with products affected by a pending FDA order to request that the HHS Secretary instead use the new, faster, less complete administrative order process created by Section 3851 for over the counter drugs. They must make this request by mid September 2020. Administrative orders issued by the HHS Secretary will be “deemed to be a final order”. As part of this process, the company may request and the HHS Secretary must conduct a “confidential meeting” with the company to discuss what data they should submit to show that their ingredients are safe and effective. Part II - User Fees Sec. 3862: Beginning in fiscal year 2021, to fund the new processes for over the counter drug approvals created by Section 3851, facilities that manufacture over the counter drugs will be assessed an annual fee and there will be either a $500,000 or $100,000 fee for requests to change drug monographs using the process created by Section 3851. Companies will not have to pay the fee if they are requesting changes to enhance warnings or instructions on the labels. TITLE IV - Economic Stabilization and Assistance to Severely Distressed Sectors of the United States Economy Subtitle A - Coronavirus Economic Stabilization Act of 2020 Sec. 4002: Defines a “covered loss” as “losses directly or indirectly as a result of coronavirus, as determined by the Secretary”, with “the Secretary” being Treasury Secretary Steven Mnuchin. “Eligible business” is an air carrier or “a United States business that has not otherwise received adequate economic relief in the form of loans or loan guarantees provided under this Act” Sec. 4003: Gives the Secretary of the Treasury the authorization to “make loans, loan guarantees and other investments” to "eligible businesses”, States, and local governments up to a total of $500 billion dollars. $46 billion must be directed at the airline industry and $454 billion will be loans, loan guarantees, and “other investments” determined by the Board of Governors of the Federal Reserve. Sec. 4004: Limits the amount of money that an employee of a business that gets a Treasury Department loan to $3 million plus half of whatever they got over $3 million in 2019 for the length of the loan plus one year. Sec. 4005: Until March 1, 2022, the Secretary of Transportation will have the authority to require any airline that takes loan money to maintain their flight schedules, as the Secretary of Transportation determines is needed. Sec. 4007: Suspends a 7.5% Federal excise tax on airlines from March 27, 2020 through the end of the year. Sec. 4008: Amends the Dodd Frank Wall Street Reform law to allow the FDIC to provide insurance for all accounts of banks that don’t accrue interest until December 31, 2020. Sec. 4009: Between March 13, 2020 and either the end of the COVID-19 emergency or December 31, 2020, the Board of Governors of the Federal Reserve is exempt from requirements that they give the public a day’s notice before their meetings and that they make public the minutes of their behind closed doors meetings. They must only keep a record of their votes and reasons for their votes which might be released to the public later (there’s no requirement that they be released). Sec. 4011: Allows unlimited lending to “nonbank financial institutions” such as insurance companies, venture capitalists, currency exchanges, and pawn shops until the end of the emergency declared on March 13 or until December 31, 2020. Sec. 4012: Lowers the amount of actual money that community banks must have in their possession from 9% to 8%, and gives the banks with less than that a “reasonable grace period” to get the money. This is valid until the end of the emergency declared on March 13 or until December 31, 2020. Sec. 4013: Allows banks to avoid counting troubled loans as troubled on their balance sheets from March 1, 2020 through December 31, 2020 or 60 days after the emergency declared on March 13th ends. Sec. 4014: Exempts banks from relatively new reporting requirements on their credit losses from March 27, 2020 through the end of the emergency declared on March 13 or December 31, 2020. Sec. 4015: Allows the Treasury Department to use its Exchange Stabilization Fund (which had $93.7 billion in it as of February 2020) to get around needing Congressional appropriations to cover any losses the Federal Reserve may need to absorb through its lending programs that allow unusual collateral to be offered like money market funds, corporate bonds, and securities. Sec. 4017: Increases the President’s power to use the Defense Production Act by waiving the requirement for Congressional authorization for projects that cost more than $50 million for two years and waives the requirement that Congress needs 30 days advanced notice before a Defense Production Act project can start for 1 year. Sec. 4018: Creates an Inspector General within the Treasury Department who will be appointed by the President. Says that when the Inspector General requests information, the agencies “shall, to the extent practicable” give him the information or else they will be reported to Congress. Sec. 4019: Prohibits loans or payments originating from the Treasury and Federal Reserve authorized by Section 4003 from going to any company in which the President, Vice President, an executive department head, member of Congress or their spouses, children, or son/daughter in laws own over 20% of the voting stock. Sec. 4020: Creates a Congressional Oversight Commission whose job is to conduct oversight of the implementation of this law by the Treasury Department and Federal Reserve. The commission will have five members: 1 appointed by the Speaker of the House (Nancy Pelosi), 1 appointed by the House minority leader (Kevin McCarthy), 1 appointed by the Senate majority leader (Mitch McConnell), 1 appointed by the Senate minority leader (Chuck Schumer), and 1 Chairperson co-appointed by the Speaker and Majority Leader (Pelosi and McConnell). Sec. 4021: Companies that allow customers to adjust their payment schedules have to report that the customer is current on their payments unless their accounts are already delinquent. This is valid from January 31, 2020 through either the end of July 2020 or 4 months after the emergency declared on March 13th ends Sec. 4022: People with Federally backed mortgages who have been affected by COVID-19 “directly or indirectly” can request and must be granted for a pause in loan payments for a maximum of about a year, but you have to request it twice (again after the first 180 days). Interest and fees will still accrue but they can’t charge any extra interest, penalties, or fees. Customers have to provide no proof of hardship. Prohibits the banks that manage Federally backed loans from moving forward with any foreclosure processes until mid-May 2020 (60 days after March 18, 2020). Sec. 4023: People/companies that own multifamily housing with 5 or more units with Federally backed mortgages who have been affected by COVID-19 “directly or indirectly” can request and must be granted for a pause in loan payments. The forbearance (pause) can be for a total of 90 days as long as the building owner requests it three times with at least 15 days notice. People who get this pause are not allowed to evict their tenants or charge them any late fees during the mortgage payment pause. Sec. 4024: Starting on March 27, 2020 and ending in late July 2020, landlords can not begin eviction proceedings for non-payment of rent or charge fees or penalties for not paying rent. Sec. 4025: Prohibits the government from attaching a string to a loan or loan guarantee that requires the business to negotiate with unions over worker pay or conditions of employment. This is valid starting on the day the business is first issued the loan and ending a year after the loan is paid off. Sec. 4026: Within 72 hours of each transaction, the Treasury Secretary must publish on the Treasury Department website a description of the transaction, the date, and the “identity of the counterparty”, the amount of the loan/guarantee/investment, how the price was determined, the interest rate, conditions, and a copy of the final term sheet. The Treasury Secretary also has to report any contracts entered into for the administration of loans or guarantees within 24 hours after the contract is entered into. The Federal Reserve has to issue reports to Congress that will have to be made public on their website within 7 days of the report being delivered to Congress. Sec. 4027: Appropriates $500 billion Sec. 4029: The authorities given to the Treasury Secretary and Board of Governors of the Federal Reserve to make loans, loan guarantees, and “investments” in businesses and banks will expire on December 31, 2020. Subtitle B - Air Carrier Worker Support Sec. 4112: The Secretary of the Treasury “shall” give money to airlines and the contractors that work with them which “shall exclusively be used for the continuation of payment of employee wages, salaries, and benefits”. Passenger air carriers will get $25 billion, cargo airlines $4 billion, and contractors will get $3 billion. Sec. 4113: The employees will have to be paid whatever rate they were paid from April 1, 2019 through September 30, 2019. Steven Mnuchin will decide all terms and conditions, other than the ones set by section 4114, 4115, and 4116. The payments have to start to be made within 10 days of enactment. The Inspector General of the Treasury Department will have to audit the certifications made by the companies about employee salary and benefit rates. Sec. 4114: Airlines or contractors that take the money can’t furlough their workers or reduce their wages or benefits until September 30, 2020, they can’t buy stock in their company or parent company, or pay out dividends. The Secretary of Transportation is also given authorization until March 1, 2022 to require only airlines or contractors that take the money to continue service to anywhere that they served as of March 1, 2020. Sec. 4115: Prohibits the government from attaching a string to a loan or loan guarantee that requires the airline or contractor to negotiate with unions over worker pay or conditions of employment. This is valid starting on the day the business is first issued the loan and ending on September 30, 2020. Sec. 4116: From March 24, 2020 through March 24, 2022, any airline or contractor that takes the money has to agree that no employee who made more than $425,000 in 2019 will be paid more than what they were paid in 2019, or will receive more than double their 2019 pay as a severance package. Employees that were paid more than $3 million can’t be paid more than $3 million plus half of the amount they were paid over $3 million in 2019. This includes salary, bonuses, stock awards and “other financial benefits”. Sec. 4117: The Treasury Secretary is allowed, but not required, to accept stock and securities and other “financial instruments” from the airlines and contractors. Sec. 4120: Appropriates $32 billion. TITLE V - Coronavirus Relief Funds Sec. 5001: Appropriates $150 billion for State, tribal and local governments. Amounts will be determined by population but each state will get at least $1.25 billion. Washington D.C. is treated as a territory and all territories will split $3 billion. Tribal governments will split $8 billion. Steven Mnuchin will decide how the tribal government money will be divided. The Inspector General of the Treasury must investigate the receipt, disbursement, and use of funds. TITLE VI - Miscellaneous Provisions Sec. 6001: Allows the Postal Service to borrow $10 billion from the Treasury Department. Division B - Emergency Appropriations for Coronavirus Health Response and Agency Operations Bureau of Prisons Sec. 12003: The Secretary of Health and Human Services “shall appropriately consider” distributing personal protective equipment and test kits to the Bureau of Prisons for use by inmates and staff. Sec. 12005: Authorizes and appropriates $300 million that the Secretary of Commerce can use for direct payments to subsistence, commercial, and charter fishery businesses. Department of Energy Sec. 14002: Extends the authority for the Secretary of Energy to sell oil from the strategic petroleum reserve and gives the Department of Energy the authority to sell $900 million worth of oil from the Strategic Petroleum Reserve, $450 million in 2021 and 2022, on top of the $450 million they can sell in 2020. The Judiciary Sec. 15002: Allows for criminal proceedings to be conducted via video teleconferencing until 30 days after the national emergency declaration terminates. It will only be allowed with the consent of the defendant or juvenile after they talk to a lawyer. Election Security Grants Provides $400 million to prepare for the 2020 Federal election cycle, domestically or internationally. The money must be given by the Election Assistance Commission to the states within 30 days. There is no direction on how the money is divided among states. The states have to submit reports on how they use the money. Money not used by December 31, 2020 has to be returned to the Treasury. Pandemic Response Accountability Committee Sec. 15010: Creates a Pandemic Response Accountability Committee that will investigate and report on the use of COVID-19 funds through September 2025. The committee will be operated by two full time paid employees and the other members will be inspectors generals from at least 9 federal agencies. The committee will have enforceable subpoena power. The committee is allowed, but not required, to hold public hearings. The committee will have a public website that is required to provide their findings, data, some contracting information, division of COVID-19 funds by state and congressional district, agency plans for use of funds, all recommendations made to the agencies, etc. Department of Homeland Security Sec. 16004: Prohibits the Department of Homeland Security from transferring War on Terror funds for the COVID-19 efforts. Sec. 16006: The Secretary of Homeland Security must extend the REAL-ID deadline until at least September 30, 2021. Department of Health and Human Services Public Health and Social Services Emergency Fund Provides an additional $27 billion for “developing necessary countermeasures and vaccines, prioritizing platform-based technologies with US based manufacturing capabilities, the purchase of vaccines, therapeutics, diagnostics, and necessary medical supplies”. Products purchased by the Federal government must be purchased in accordance with regulations on fair and reasonable pricing, ensuring affordability in the commercial market is optional. The HHS Secretary can not take any action that would slow down the development of the products. $16 billion can be spent on purchasing items for the Strategic National Stockpile. Funds can be used to construct or renovate “US based next generation manufacturing facilities, other than facilities owned by the United States government” in addition to the authority to construct or renovate private facilities that manufacture vaccines, therapeutics, and diagnostics. Adds an additional $100 billion to reimburse health care providers - public, private, and for profit - for COVID-19 expenses. Sec. 18115: Every lab that performs or analyzes a COVID-19 test must report the result of each test to the Secretary of Health and Human Services until the end of the HHS Secretary’s public health declaration with respect of COVID-19. State Department Sec. 21012: Provides $3 billion for the International Development Association (World Bank), $7.3 billion for the African Development Bank, and authorizes the Treasury “to make loans in an amount not to exceed the dollar equivalent 28,202,470,000 of Special Drawing Rights (which is approximately $38.5 billion as of April 21, 2020) OTC Drugs Bill Information Article: H.R.3443 - Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019, Congress.gov Article: S.2740 - Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019, Congress.gov Article: Roll Call Vote 116th Congress - 1st Session On Passage of the Bill (S. 2740), United States Senate, December 10, 2019 Bill Profile: H.R.3443: Clients Lobbying on H.R.3443: Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019, OpenSecrets.org Bill Profile: H.R.3443: Lobbyists lobbying on H.R.3443: Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019, OpenSecrets.org Sen. Johnny Isakson - Georgia: Top Industries 1995 - 2020, OpenSecrets.org Sen. Lamar Alexander - Tennessee: Top Industries 1995 - 2020, OpenSecrets.org Articles/Documents Update: Message from Jennifer Roberts, CEO of Chase Business Banking Chase Banking, April 23, 2020 Article: Hard-hit restaurants, gyms and other businesses are battling insurers over the coronavirus, sparking a new Washington lobbying war By Tom Hamburger and Tony Romm, The Washington Post, April 22, 2020 Article: Pelosi says Shall will stay on oversight commission after failure to disclose stock sales by Jeremy Herb and Lauren Fox, CNN, April 22, 2020.  Article: Vaccine Chief Says He Was Removed After Questioning Drug Trump Promoted The New York Times, April 22, 2020 Article: Highlights of the Nearly $500B Coronavirus Relief Bill The New York Times, April 21, 2020 Article: Publicly traded firms get $365M in small-business loans By REESE DUNKLIN, JUSTIN PRITCHARD, JUSTIN MYERS and KRYSTA FAURIA, Associated Press, April 21, 2020 Article: Restaurants’ bailout problem: Unemployment pays more By IAN KULLGREN, Politico, April 20, 2020 Article: Medical Staffing Companies Cut Doctors’ Pay While Spending Millions on Political Ads By Isaac Arnsdorf, ProPublica, April 20, 2020 Article: The coronavirus could force more doctors to sell — or shutter By Bob Herman, Axios, April 20, 2020 Article: Chase and other banks shuffled Paycheck Protection Program small business applications, lawsuit says By Dalvin Brown, USA Today, April 20, 2020 Article: Shake Shack returning $10 million government loan meant for small businesses By Stephanie Ruhle and Alex Johnson, NBC News, April 20, 2020 Article: WTI crude price goes negative for the first time in history By Cameron Wallace, World Oil, April 20, 2020 Article: In Race for Small-Business Loans, Winning Hinged on Where Firms Bank By Ruth Simon and Peter Rudegeair, The Wall Street Journal, April 20, 2020 Article: Zoom's Security Woes Were No Secret to Business Partners Like Dropbox By Natasha Singer and Nicole Perlroth, The New York Times, April 20, 2020 Article: A raw deal By Judd Legum, Popular Information, April 20, 2020 Article: The Trickle-Up Bailout By Matt Taibbi, Taibbi, April 17, 2020 Article: Donna Shalala Selection Makes a Mockery of Bailout Oversight Panel by David Dayen, The American Prospect, April 18, 2020.  Press Release: Pelosi Appoints Congresswoman Donna Shalala to Congressional Oversight Commission of the CARES Act, April 17, 2020.  Article: Ruth’s Chris Steak House Gets $20 Million From Coronavirus Aid Program By Charity L. Scott, The Wall Street Journal, April 17, 2020 Article: The COVID-19 Bailout That’s Left Every Hospital Unhappy In Its Own Way By Rachana Pradhan and Lauren Weber, Kaiser Health News, April 16, 2020 Article: I’m Overseeing the Coronavirus Relief Bill. The Strings Aren’t Attached. By Bharat Ramamurti, The New York Times, April 16, 2020 Article: House lawmakers indefinitely postpone return to Washington By Mike Lillis and Scott Wong, The Hill, April 16, 2020 Article: Paycheck Protection Program out of money: Thousands of small businesses shut out By Stephen Gandel, CBS News, April 16, 2020 Article: Here Are the Contracts Showing How $4.5 Trillion in Stimulus Was Outsourced to Wall Street By Pam Martens and Russ Martens, Wall Street on Parade, April 16, 2020 Article: Most Patients Undergoing Ground And Air Ambulance Transportation Receive Sizable Out-Of-Network Bills By Karan R. Chhabra, Keegan McGuire, Kyle H. Sheetz, John W. Scott, Ushapoorna Nuliyalu, and Andrew M. Ryan, HealthAffairs, April 15, 2020 Article: Renters Are Being Forced From Their Homes Despite Eviction Moratoriums Meant to Protect Them By Alana Semuels, Time, April 15, 2020 Article: One Person is Overseeing Congress's Bailout Loans. He Wants Answers. by Alan Rappeport, New York Times, April 15, 2020.  Article: Policy Memo: Federal Reserve Lending Facilities for Private Companies and Securitizations Americans for Financial Reform, April 15, 2020 Article: Hedge Fund Managers Claiming Bailouts as Small Businesses By Katherine Burton and Joshua Fineman, Bloomberg, April 14, 2020 Article: Rural hospitals shut out of stimulus loans face financial crisis By Rachel Roubein, Politico, April 14, 2020 Article: Tax change in coronavirus package overwhelmingly benefits millionaires, congressional body finds By Jeff Stein, The Washington Post, April 14, 2020 Article: WHITEHOUSE, DOGGETT RELEASE NEW ANALYSIS SHOWING GOP TAX PROVISIONS IN CARES ACT OVERWHELMINGLY BENEFIT MILLION-DOLLAR-PLUS EARNERS Sheldon Whitehouse, U.S. Senator for Rhode Island, April 14, 2020 Article: Your Coronavirus Check Is Coming. Your Bank Can Grab It. By David Dayen, American Prospect, April 14, 2020 Article: Tax change in coronavirus package overwhelmingly benefits millionaires, congressional body finds By Jeff Stein, The Washington Post, April 14, 2020 Article: How Some Rich Americans Are Getting Stimulus ‘Checks’ Averaging $1.7 Million By Shahar Ziv, Forbes, April 14, 2020 Article: Stimulus Oversight Panel Has One Person Trying to Watch $2.2 Trillion Alone By Joshua Green, Bloomberg, April 14, 2020 Article: Coronavirus antibody testing must be covered free of charge, feds say By Stefan Becket, CBS News, April 13, 2020 Article: Unsanitized: Meet The Corporate Bailout’s First Policeman By David Dayen, American Prospect, April 13, 2020 Article: Who's getting these hundreds of billions in government aid? For now, the public may be in the dark By Peter Whoriskey and Heather Long, The Washington Post, April 13, 2020 Article: CARES Act Package Ushers in Changes to OTC Drug Review Process Duane Morris, April 13, 2020 Article: Commission calls for review of election security standards By Tom Temin, Federal News Network, April 13, 2020 Article: Medical Staffing Companies Owned by Rich Investors Cut Doctor Pay and Now Want Bailout Money By Isaac Arnsdorf, ProPublica, April 10, 2020 Article: Furor Erupts: Billions Going To Hospitals Based On Medicare Billings, Not COVID-19 By Jay Hancock and Phil Galewitz and Elizabeth Lucas, Kaiser Health News, April 10, 2020 Article: Providers Begin Receiving $30B in Emergency Funding from HHS, Plus Newly Suspended State Regs Home Care Association of New York State Blog, April 10, 2020 Article: The Colleges Getting The Most Money From The Stimulus Bill By Wesley Whistle, Forbes, April 10, 2020 Article: It is Not All About the Coronavirus: The CARES Act Brings Long-Awaited Over-the-Counter (OTC) Monograph Reform By Genevieve Razick and Carolina Wirth, Arnall Golden Gregory LLP, JDSUPRA, April 10, 2020 Article: Unsanitized: Federal Reserve Rescue Is the Best Rescue By David Dayen, The American Prospect, April 10, 2020 Article: The Fed’s ‘Main Street’ Mistake Wall Street Journal, April 9, 2020 Article: Exclusive: These for-profit colleges could reap up to $1 billion in federal bailout money By Matt Smith, Market Watch, April 9, 2020 Article: Fed's balance sheet swells to record $6.13 trillion By Jonnelle Marte and Ann Saphir, Reuters, April 9, 2020 Article: 'Extremely Alarming': Coronavirus Stimulus Law Allows the Federal Reserve to Hold Secret Meetings on Corporate Bailouts By Jake Johnson, Common Dreams, April 9, 2020 Article: Congress Must Have Skipped the First Three Seasons of Trump Reality Show By Eleanor Eagan, The American Prospect, April 9, 2020 Alert: U.S. CARES ACT ENABLES LONG-AWAITED OTC DRUG REGULATORY MODERNIZATION: KEY HIGHLIGHTS By Brian Burgess and Julie Tibbets, Goodwin, April 8, 2020 Article: Coronavirus: CMS approves nearly $34 billion in accelerated/advance payments to healthcare providers By Keith A. Reynolds, Medical Economics, April 8, 2020 Article: Trump removes inspector general who was to oversee $2 trillion stimulus spending By Ellen Nakashima, The Washington Post, April 7, 2020 Article: Welfare for Wall Street By Nomi Prins, The Nation, April 7, 2020 Article: Congress fixed tax code “retail glitch” and gave real estate a tax windfall By Rich Bockmann and Kevin Sun, The Real Deal, April 7, 2020 Article: Trump removes inspector general who was to oversee $trillion stimulus spending By Ellen Nakashima, The Washington Post, April 7, 2020 Article: Big Restaurant, Hotel Chains Won Exemption to Get Small Business Loans By Bob Davis and Heather Haddon, The Wall Street Journal, April 6, 2020 Article: CARES Act Contains Significant New Over-The-Counter (OTC) Drug Provisions by Charles Andres, Wilson Sonsini, April 6, 2020 Article: Trump’s Aggressive Advocacy of Malaria Drug for Treating Coronavirus Divides Medical Community By Peter Baker, Katie Rogers, David Enrich and Maggie Haberman, The New York Times, April 6, 2020 Article: Private Flights Getting Cheaper Thanks to Stimulus Tax Relief By Katherine Chiglinsky and Tom Metcalf, Bloomberg, April 6, 2020 Article: 2020 CARES Act—FAQs for Nonprofit Organizations and Donors By James P. Joseph Bridget M. Weiss Dana O. Campos, Arnold & Porter, April 6, 2020 Article: What does the CARES Act mean for net operating losses and non-corporate business losses? By Douglas Charnas and Paul Leonard, JDSUPRA, April 3, 2020 Article: Trump announces intent to nominate White House lawyer Brian Miller as inspector general for $2 trillion coronavirus law by Jeff Stein, The Washington Post, April 3, 2020 Letter: Addressed to Secretary of Department of Health and Human Services, Alex Azar By Alexander Sammon, American College of Emergency Physicians, April 3, 2020 Article: Unsanitized: Why Banks Don’t Want to Help Small Businesses By David Dayen, The American Prospect, April 3, 2020 Article: Unsanitized: Aid Package Status Update By David Dayen, The American Prospect, April 2, 2020 Article: It’s Steve Mnuchin’s Economy Now By Alexander Sammon, American Prospect, April 1, 2020 Article: US aims to lease space in emergency oil stockpile, after buying plan canceled, sources say Reuters, April 1, 2020 Article: Trump may rent Strategic Petroleum Reserve storage to U.S. drillers By ARI NATTER, JENNIFER A. DLOUHY AND STEPHEN CUNNINGHAM, World Oil, April 1, 2020 Article: Temporary Waiver of Required Minimum Distribution Rules By Jean McDevitt Bullens, Baker Newman Noyes, April 1, 2020 Article: Unsanitized: It’s the First of the Month By David Dayen, The American Prospect, April 1, 2020 Article: Citigroup CEO Michael Corbat says bank is 'working around the clock' on small business relief program By Hugh Son, The CNBC, April 1, 2020 Article: Tax Savings Opportunities from the CARES Act By John Werlhof, CLA, March 31, 2020 Article: The Relief Package Ushers In Trump's Planned Economy By Matt Stoller, Wired, March 31, 2020 Article: Federal COVID-19 Economic Relief and Its Impact on the Energy Sector: An Overview Energy Alert, Akin Gump Strauss Hauer & Feld LLP, March 31, 2020 Article: Boeing Will Take Aid, Won’t Give Equity Banking Exchange, March 31, 2020 Article: Bailing Out the Bailout By Matt Taibbi, RollingStone, March 31, 2020 Article: US Banks Welcome $2trn Stimulus Package By David White and Zachary Kribs, Kidney News Online, March 30, 2020 Article: CARES Act to Improve Options for People on Home Dialysis By David White and Zachary Kribs, Kidney News Online, March 30, 2020 Statement: FDA on Signing of the COVID-19 Emergency Relief Bill, Including Landmark Over-the-Counter Drug Reform and User Fee Legislation Commissioner of Food and Drugs - Food and Drug Administration - Stephen M. Hahn M.D., U.S. Food & Drug Administration, March 30, 2020 Article: Key Provisions in the CARES Act for Health Care Providers By Health Law Practice - von Briesen & Roper, s.c., The National Law Review, March 30, 2020 Article: CARES On Campus: Stimulus Program & Higher Education By Anne Cartwright and Julie Miceli, JDSUPRA, March 30, 2020 Article: Inside the CARES Act: Changes to the Bankruptcy Code Under the CARES Act By Melissa Anne Peña, The National Law Review, March 29, 2020 Article: Lawmakers Pack Federal Stimulus Bill With Pet Provisions By Brody Mullins and Ted Mann, The Wall Street Journal, March 28, 2020 Press Release: Trump Suggests He Can Gag Inspector General for Stimulus Bailout Program By Charlie Savage, The New York Times, March 27, 2020 Press Release: Statement by the President The White House, March 27, 2020 Article: Unsanitized: The Federal Reserve Loads the Cannon By David Dayen, The American Prospect, March 27, 2020 Article: Inside the talks on the largest U.S. bailout: frantic negotiations, partisan tensions and a Trump tweet By Seung Min Kim, Mike DeBonis, Erica Werner and Paul Kane, The Washington Post, March 27, 2020 Article: Over-the-Counter (OTC) Drug Monograph Process U.S. Food & Drug Administration, March 27, 2020 Article: The Health Care Industry and the CARES Act: Insight and Next Steps Akin Gump Strauss Hauer & Feld LLP, March 27, 2020 Article: Bank Regulatory Provisions in the CARES Act By Robert Klinger, Bryan Cave Leighton Paisner, JDSUPRA, March 27, 2020 Article: Fed Releases Details of BlackRock Deal for Virus Response By Matthew Goldstein, The New York Times, March 27, 2020 Article: Stimulus Bill Allows Federal Reserve to Conduct Meetings in Secret; Gives Fed $454 Billion Slush Fund for Wall Street Bailouts By Pam Martens and Russ Martens, CounterPunch, March 27, 2020 Document: Terms of Assignment for BlackRock on Behalf of the Federal Reserve Bank of New York Regarding Secondary Market Corporate Credit Facility New York Fed, March 27, 2020 Press Release: Acting Secretary Chad Wolf Statement on the REAL ID Enforcement Deadline Homeland Security, March 26, 2020 Article: How the Fed’s Magic Money Machine Will Turn $454 Billion Into $4 Trillion By Jeanna Smialek, The New York Times, March 26, 2020 Article: Unsanitized: The Essential Imbalance of the 2020 Bailout By David Dayen, American Prospect, March 26, 2020 Article: Bonanza for Rich Real Estate Investors, Tucked Into Stimulus Package By Jesse Drucker, The New York Times, March 26, 2020 Article: Funding to refill U.S. Strategic Petroleum Reserve cut from stimulus plan By STEPHEN CUNNINGHAM, ARI NATTER AND JENNIFER A. DLOUHY, World Oil, March 25, 2020 Article: Stop the $6 Trillion Coronavirus Corporate Coup! By Matt Stoller, BIG by Matt Stoller, March 25, 2020 Article: Unsanitized: Bailouts, A Tradition Unlike Any Other By David Dayen, American Prospect, March 25, 2020 Article: Fed taps BlackRock to run emergency programs By Dawn Lim, Market Watch, March 25, 2020 Article: Avoid Taxes, Receive Federal Bailouts By Alexander Sammon, American Prospect, March 25, 2020 Document: INVESTMENT MANAGEMENT AGREEMENT New York Fed, March 25, 2020 Article: Fine Print of Stimulus Bill Contains Special Deals for Industries By Eric Lipton and Kenneth P. Vogel, The New York Times, March 25, 2020 Article: Congress to bail out firms that avoided taxes, safety regulations and spent billions boosting their stock By Jonathan O'Connell, The Washington Post, March 25, 2020 Article: 'Completely Dangerous and Unacceptable,' Ocasio-Cortez Says of Impending Senate Recess in Midst of Coronavirus Crisis By Eoin Higgins, Common Dreams, March 25, 2020 Article: Senate leaving DC until April 20 after coronavirus stimulus vote By Jordain Carney, The Hill, March 25, 2020 Article: Senate stimulus bill extends funding for abstinence education By Tyler Olson, Fox News, March 25, 2020 Article: Oil purchase to fill strategic reserve dropped from stimulus By Benjamin J. Hulac, Roll Call, March 25, 2020 Article: U.S. Fed hires BlackRock to help execute mortgage-backed securities purchases By Pete Schroeder and Michelle Price, Reuters, March 24, 2020 Article: What is the Exchange Stabilization Fund? And how is it being used in the coronavirus (COVID-19) crisis? By Sage Belz and David Wessel, Brookings, March 24, 2020 Press Release: Federal Reserve announces extensive new measures to support the economy Board of Governors of the Federal Reserve System, March 23, 2020 Article: COVID-19 Update: Federal Reserve Launches TALF (Again) By Scott A. Cammarn and Mark Chorazak, The National Law Review, March 23, 2020 Article: Trump's coronavirus eviction freeze won't keep a roof over our heads, advocates say By Tim Fitzsimons, NBC News, March 21, 2020 Article: Addressed to Speaker Pelosi, Leader McConnell, Leader McCarthy, and Leader Schumer By Ben Lane, America's Health Insurance Plans, BlueCross BlueShield Association, March 19, 2020 Article: Fannie Mae, Freddie Mac, HUD suspending all foreclosures and evictions By Ben Lane, Housing Wire, March 18, 2020 Press Release: Federal Reserve Board announces establishment of a Commercial Paper Funding Facility (CPFF) to support the flow of credit to households and businesses Board of Governors of the Federal Reserve System, March 17, 2020 Article: Federal Reserve cuts rates to zero and launches massive $700 billion quantitative easing program By Steve Liesman, CNBC, March 15, 2020 Article: How the drug industry got its way on the coronavirus By Sarah Karlin-Smith, Politico, March 5, 2020 Article: How Much Of Boeing’s Revenues Comes From The U.S. Government? By Trefis Team, Great Speculations, Forbes, January 2, 2020 Article: Funding Legislation Delays $4B in Medicaid DSH Payment Cuts By Jacqueline LaPointe, Revcycle Intelligence, December 20, 2019 Article: Southwest Airlines reaches confidential settlement with Boeing for some of its 737 Max losses By Lori Aratani, The Washington Post, December 13, 2019 Article: Boeing 737 Max Factory Was Plagued With Problems, Whistle-Blower Says By David Gelles, The New York Times, December 9, 2019 Article: How Much Income Puts You in the Top 1%, 5%, 10%? By Julia Kagan, Investopedia, November 21, 2019 Article: Senator Seeks Last Win In Over-the-Counter Drug Bill (Corrected) By Alex Roff, Bloomberg Law, October 31, 2019 Article: Boeing’s 737 Woes Aren’t Hurting Its Pursuit of Military Contracts, Exec Says BY Marcus Weisgerber, Defense One, October 15, 2019 Article: What Percentage of Americans Owns Stock? By Lydia Saad, Gallup, September 13, 2019 Article: FDA Chief of Staff Calls OTC Monograph Reform a Top Priority By Michael Mezher, Regulatory Affairs Professionals Society, May 21, 2019 Article: These 30 companies, including Boeing, get the most money from the federal government By Samuel Stebbins and Michael B. Sauter, USA Today, March 29, 2019 Article: Boeing Was ‘Go, Go, Go’ to Beat Airbus With the 737 Max By David Gelles, Natalie Kitroeff, Jack Nicas and Rebecca R. Ruiz, The New York Times, March 23, 2019 Article: Agencies reporting proposal for the implementation of Current Expected Credit Losses (CECL) Deloitte, January 22, 2019 Article: FDA Opens the Door for a Broader Range of Over-the-Counter (OTC) Drugs by Charles Andres, Wilson Sonsini, August 2, 2018 Article: Jared Kushner Paid No Income Tax for years By Jesse Drucker and Emily Flitter, The New York Times, October 13, 2018 Guidance for Industry: Innovative Approaches for Nonprescription Drug Products U.S. Department of Health and Human Services, Food and Drug Administration, Center for Drug Evaluation and Research (CDER), July 2018 Article: HISTORICALLY BLACK COLLEGES AND UNIVERSITIES: Action Needed to Improve Participation in Education's HBCU Capital Financing Program Office of Public Affairs, GAO, July 26, 2018 Article: 10 Things You Didn't Know About Alex Azar By Katelyn Newman, U.S. News, January 29, 2018 Article: The Richest 10% of Americans Now Own 84% of All Stocks Rob Wile, Money, December 19, 2017 Article: Why the newest sunscreens still haven't hit the U.S. market By Brady Dennis, The Washington Post, May 11, 2015 Article: Washington’s Skin Canc

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Congressional Dish
CD209: USMCA with Lori Wallach

Congressional Dish

Play Episode Listen Later Feb 23, 2020 69:19


The Trump administration renegotiated NAFTA and the 116th Congress passed those changes in order to make the USMCA into law. In this episode, international trade expert Lori Wallach, the Director of Public Citizen's Global Trade Watch, joins Jen to explain the differences between NAFTA and the USMCA. What you hear may surprise you. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD96: Fast Tracking Fast Track (Trade Promotion Authority CD102: The World Trade Organization: COOL? CD052: The Trans-Pacific Partnership (TPP) Bills Bill: H.R.5430 - United States-Mexico-Canada Agreement Implementation Act Congress.gov, January 16, 2020 About Lori Wallach Lori Wallach, Linked In Lori Wallach, Director, Public Citizen’s Global Trade Watch, Public Citizen About Us, Public Citizen About Public Citizen’s Global Trade Watch (GTW), Public Citizen Public Citizen, Influence Watch Global Trade Watch, Facebook Global Trade Watch, Twitter Lori Wallach, Twitter Global Trade Watch, Instagram Articles/Documents Article: Labelling debate returns to U.S. By Barbara Duckworth, The Western Producer, February 13, 2020 Article: The US Drops ISDS By Lori Wallach, The Globalist, January 24, 2020 Article: Lawmakers try to resurrect country-of-origin labeling for beef and pork By Cathy Siegner, FoodDive, November 5, 2019 Article: Background on the Epic WTO Tuna Dolphin Fight Public Citizen Article: COOL for beef, pork on US Senate’s plate By Erica Shaffer, Meat + Poultry, November 4, 2019 Article: When Pharma Needs a Friend: Conservative House Democrats Move to Protect Drug Company Profits by David Dayen, The American Prospect, October 31, 2019 Article: While USMCA stalls, lobbying kicks into high gear by Raymond Arke, OpenSecrets.org, May 8, 2019 Article: Mexico loses 10-year WTO battle over U.S. tuna labeling by Tom Miles, Reuters, December 14, 2018 Article: The Little-Known Trade Adviser Who Wields Enormous Power in Washington by Ana Swanson, The New York Times, March 9, 2018 Document: The North American Free Trade Agreement (NAFTA) By M. Angeles Villarreal and Ian F. Fergusson, Congressional Research Service, May 24, 2017 Article: Trump's trade pick sails through hearing but faces procedural hangup By Victoria Guida, POLITICO, March 14, 2017 Article: India, US lock horns over intellectual property at WTO By Amiti Sen, New Scientist, November 11, 2016 Document: Country-of-Origin Labeling for Foods and the WTO Trade Dispute on Meat Labeling By Joel L. Greene, Congressional Research Service, December 8, 2015 Article: India surveys aftermath of new patent law By Padma Tata, New Scientist, March 29, 2005 Additional Resources Vote Results: On Passage of the Bill (H.R. 5430 United States-Mexico-Canada Agreement Implementation Act) United States Senate, January 16, 2020 Vote Results: United States-Mexico-Canada Agreement Implementation Act, FINAL VOTE RESULTS FOR ROLL CALL 701 House of Representatives Clerk, December 19, 2019 Trade Agreement: Agreement between the United States of America, the United Mexican States, and Canada 12/13/19 Text Office of the United States Trade Representative, December 13, 2019 Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Congressional Dish
CD206: Impeachment: The Evidence

Congressional Dish

Play Episode Listen Later Dec 23, 2019 156:14


President Donald Trump has been impeached. In this episode, hear the key evidence against him presented by the witnesses called to testify in over 40 hours of hearings that took place in the "inquiry" phase of the impeachment. Using this episode, you will be able to judge for yourself how strong the case against President Trump really is as the country prepares for his Senate trial.  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD067: What Do We Want In Ukraine? CD068: Ukraine Aid Bill CD136: Building WWIII CD156: Sanctions – Russia, North Korea & Iran CD167: Combating Russia (NDAA 2018) LIVE CD202: Impeachment? Articles/Documents Article: Pelosi Says She Plans To Send Articles Of Impeachment To Senate By Claudio Grisales and Dirdre Walsh, npr, December 18, 2019 Article: Impeachment Timeline: From Early Calls To A Full House Vote by Brian Naylor, npr, December 17, 2019 Article: Ukraine and Russia agree to implement ceasefire BBC News, December 10, 2019 Article: How America’s System Of Legalized Corruption Brought Us To The Brink Of Impeachment By Brendan Fischer, Talking Points Memo, December 5, 2019 Article: Who Is Michael J. Gerhardt? Professor Made Impeachment His Specialty by Emily Cochrane, The New York Times, December 4, 2019 Article: The Betrayal of Volodymyr Zelensky by Franklin Foer, The Atlantic, December 3, 2019 Article: Eric Ciaramella: 5 Fast Facts You Need to Know By Tom Cleary, heavy November 24, 2019 Article: Why Did ASAP Rocky Keep Coming Up at the Impeachment Hearing? By Aaron Mak, Slate, November 20, 2019 Article: Impeaching Trump And Demonizing Russia: Birds Of A Feather By Robert W. Merry, The American Conservative, November 19, 2019 Article: Gordon Sondland Was A Low-Profile Hotel Owner. Until He Went To Work For Trump By Jim Zarroli, npr, November 19, 2019 Article: Yovanovitch's Moment: Will Her Testimony Help Dems or the GOP? By Susan Crabtree, RealClear Politics, November 14, 2019 Article: Who Is Bill Taylor? Key Witness in the Impeachment Inquiry By Lara Jakes, The New York Times, November 13, 2019 Article: Mulvaney will not pursue court fight over subpoena By Katelyn Polantz, CNN, November 12, 2019 Article: After boost from Perry, backers got huge gas deal in Ukraine By Desmond Butler, Michael Biesecker, Stephen Braun, and Richard Lardner, AP News, November 11, 2019 Article: CNN host was set to interview Ukrainian President until scandal took shape By Caroline Kelly, CNN, November 7, 2019 Article: Rudy Giuliani, President Donald Trump's personal lawyer, defies subpoena in impeachment inquiry By Bart Jansen, USA Today, October 15, 2019 Article: 'Disruptive Diplomat' Gordon Sondland, a key figure in Trump impeachment furor long coveted ambassadorship By Aaron C. Davis, Josh Dawsey, Michelle Ye Hee Lee, and Michael Birnbaum, The Washington Post, October 14, 201 Article: The Sleazy Career of Kurt Volker By Robert Kuttner, The American Prospect, October 8, 2019 Article: Here’s what you need to know about the US aid package to Ukraine that Trump delayed by Joe Gould and Howard Altman, Defense News, September 25, 2019 Article: After Years Of Stalling, Can Ukraine Finally Become Energy Self-Sufficient? By Todd Prince, RadioFreeEurope RadioLiberty, September 15, 2019 Transcript: Nancy Pelosi Impeachment Statement Transcript: House of Representatives Launching Impeachment Inquiry of Trump Rev, September 24, 2019 Article: Trump holds up Ukraine military aid meant to confront Russia By Caitlin Emma and Connor O'Brien, Politico, August 28, 2019 Article: Trump kills plan to cut billions in foreign aid by John Bresnahan, Jennifer Scholtes and Marianne Levine, Politico, August 22, 2019 Article: The Complete Timeline of A$AP Rocky’s Arrest in Sweden By Isabelle Hore-Thorburn, High Snobiety, August 14, 2019 Document: Letter to Richard Burr & Adam Schiff August 12, 2019 Article: NATO is the obstacle to improving Russian-Western relations By Ruslan Pukhov, Defense News, March 28, 2019 Article: In Ukraine, A Make Believe Politician Prepares For the Presidency By Kenneth Rapoza, Forbes, March 26, 2019 Article: US staged a coup in Ukraine – here’s why and how by Chris Kanthan, Nation of Change, August 15, 2018 Article: How and Why the US Government Perpetrated the 2014 Coup in Ukraine by Eric Zuesse, Strategic Culture Foundation, June 3, 2018 Article: What Did Ex-Trump Aide Paul Manafort Really Do in Ukraine? by Kenzi Abou-Sabe, Tom Winter and Max Tucker, NBC News, June 27, 2017 Article: What Exactly Did Paul Manafort Do Wrong? by Julia Ioffe, The Atlantic, March 24, 2017 Article: How William Hague Deceived the House of Commons on Ukraine By David Morrison, Huffington Post, October 3, 2014 Article: That time Ukraine tried to join NATO — and NATO said no By Adam Taylor, The Washington Post, September 14, 2014 Article: It's not Russia that's pushed Ukraine to the brink of war By Seumas Milne, Guardian, April 30, 2014 Article: Facing Russian Threat, Ukraine Halts Plans for Deals with E.U. By David M. Herszenhorn, The New York Times, November 21, 2013 Article: Former Soviet States Stand Up to Russia. Will the U.S.? By Carl Gershman, The Washington Post, September 26, 2013 Article: Ukraine Says ’No’ to NATO By Kathleen Holzwart Sprehe, Pew Research Center, March 29, 2010 Article: Ukraine Faces Battle of NATO, Pro and Con By Mara D. Bellaby, The Associated Press, Washington Post Archive, June 6, 2006 Article: 'Meddling' In Ukraine By Michael McFaul, The Washington Post, December 21, 2004 Article: AFTEREFFECTS: THE LAW; American Will Advise Iraqis On Writing New Constitution By Jennifer 8. Lee, The Washington Post, May 11, 2003 Additional Resources Bill Summary: H.Res.755 — 116th Congress (2019-2020) Biography.com, Updated December 16, 2019 Biography: Rudolph Giuliani Biography.com, Updated December 16, 2019 Biography: David Hale, U.S. Department of State Biography: George P. Kent, U.S. Department of State Biographies: Speakers’ Bios: US-Ukraine Working Group Yearly Summit IV, Center For US Ukrainian Relations Explanatory Statement: DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2020 Explanatory Statement: DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2020 State Department Explanatory Statement: DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, CONFERENCE REPORT TO ACCOMPANY H.R. 6157 Mr. FRELINGHUYSEN, SEPTEMBER 13, 2018 Explanatory Statement: Consolidated Appropriations Act, 2019 State Department Hearing: The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment U.S. House Committee on The Judiciary Profile: Gordon Sondland LinkedIn Profile: Kurt Volker LinkedIn Profile: Timothy Morrison LinkedIn Public Library of US Diplomacy: UKRAINE: PM YANUKOVYCH TELLS A/S FRIED: UKRAINE'S EUROPEAN CHOICE HAS BEEN DECIDED Wikileaks, November 17, 2006 USIP: About United States Institute of Peace USIP: Stephen J. Hadley United States Institute of Peace The Origins of USIP: Institute’s Founders Were Visionaries, Grass-Roots Americans, World War II Veterans United States Institute of Peace Video: Ukraine Crisis - What You're Not Being Told, YouTube, March 12, 2014 Sound Clip Sources Hearing: Emerging U.S. Defense Challenges and Worldwide Threats, United States Senate Committee on Armed Services, December 6, 2019 Witnesses General John M. Keane Mr. Shawn Brimley Dr. Robert Kagan Transcript: 55:55 Robert Kagan: But as we look across the whole panoply of threats that we face in the world, I worry that it’s too easy to lose sight of what, to my mind, represent the greatest threats that we face over the medium- and long term and possibly even sooner than we may think, and that is the threat posed by the two great powers in the international system, the two great revisionist powers international system—Russia and China, because what they threaten is something that is in a way more profound, which is this world order that the United States created after the end of World War II—a global security order, a global economic order, and a global political order. This is not something the United States did as a favor to the rest of the world. It’s not something we did out of an act of generosity, although on historical terms it was a rather remarkable act of generosity. It was done based on what Americans learned in the first half of the twentieth century, which was that if there was not a power—whether it was Britain or, as it turned out, it had to be the United States—willing and able to maintain this kind of decent world order, you did not have some smooth ride into something else. What you had was catastrophe. What you had was the rise of aggressive powers, the rise of hostile powers that were hostile to liberal values. We saw it. We all know what happened with two world wars in the first half of the twentieth century and what those who were present at the creation, so to speak, after World War II wanted to create was an international system that would not permit those kinds of horrors to be repeated. CNN Town Hall: Pelosi says Bill Clinton impeached for "being stupid", CNN, December 5, 2019 Speakers: Nancy Pelosi Transcript: Questioner: So, Ms, Pelosi. You resisted calls for the impeachment of president Bush in 2006 and president Trump following the Muller report earlier this year, this time is different. Why did you oppose it? Why did you oppose impeachment in the past? And what is your obligation to protect our democracy from the actions of our president now? Pelosi: Thank you. I thank you for bringing up the question about, because when I became speaker the first time, there was overwhelming call for me to impeach president Bush on the strength of the war in Iraq, which I vehemently opposed. And I say it again, I said it other places. That was my wheelhouse. I was intelligence. I was a ranking member on the intelligence committee, even before I became part of the leadership of gang of four. So I knew there were no nuclear weapons in Iraq. It just wasn't there. They had to show us, they had to show the gang of four. All the intelligence they had, the intelligence did not show that that was the case. So I knew it was a misrepresentation to the public. But having said that, it was in my view, not a ground for impeachment. They won the election. They made a representation. And to this day, people think, people think that it was the right thing to do. People think Iraq had something to do with the 9/11. I mean, it's appalling what they did. But I did and I said, if somebody wants to make a case, you bring it forward. They had impeached bill Clinton for personal indiscretion and misrepresenting about it and some of these same people are saying, Oh, this doesn't rise to impeachment or that right there. And impeaching Bill Clinton for being stupid in terms of something like that. I mean, I love him. I think it was a great president, but being stupid in terms of that and what would somebody do not to embarrass their family, but in any event, they did Bill Clinton. Now they want me to do George this. I just didn't want it to be a way of life in our country. As far as the Muller report or there was a good deal of the academic setting and a thousand legal experts wrote a statement that said, the Muller Report impeach...is what's in there as an impeachable offense? So much of what's in the Muller report will be more clear once some of the court cases are resolved, but it wasn't so clear to the public. The Ukraine, this removed all doubt. It was self evident that the president undermined our national security, jeopardize the integrity of our elections as he violated his oath of office. There's just... That's something that cannot be ignored. Hearing: Hearing on Constitutional Framework for Impeachment, House Judiciary Committee, C-SPAN Coverage, December 4, 2019 Watch on Youtube: The Impeachment Inquiry into President Donald J. Trump Witnesses Professor Noah Feldman Professor Pamela Karlan Professor Michael Gerhardt Professor Jonathan Turley Transcript: 1:41:00 Michael Gerhardt: The gravity of the president's misconduct is apparent when we compare it to the misconduct of the one president resigned from office to avoid impeachment conviction and removal. The House Judiciary Committee in 1974 approved three articles of impeachment against Richard Nixon who resigned a few days later. The first article charged him with obstruction of justice. If you read the Muller report, it identifies a number of facts. I won't lay them out here right now that suggest the president himself has obstructed justice. If you look at the second article of impeachment approved against Richard Nixon, it charged him with abuse of power for ordering the heads of the FBI, IRS, and CIA to harass his political enemies. In the present circumstance, the president is engaged in a pattern of abusing the trust, placing him by the American people, by soliciting foreign countries, including China, Russia, and Ukraine, to investigate his political opponents and interfere on his behalf and elections in which he is a candidate. The third article approved against president Nixon charged that he had failed to comply with four legislative subpoenas. In the present circumstance, the president has refused to comply with and directed at least 10 others in his administration not to comply with lawful congressional subpoenas, including Secretary of State, Mike Pompeo, Energy Secretary Rick Perry, and acting chief of staff and head of the Office of Management and Budget, Mick Mulvaney. As Senator Lindsey Graham now chair of the Senate Judiciary Committee said when he was a member of the house on the verge of impeaching president Clinton, the day Richard Nixon failed to answer that subpoena is the day he was subject to impeachment because he took the power from Congress over the impeachment process away from Congress, and he became the judge and jury. That is a perfectly good articulation of why obstruction of Congress is impeachable. 2:02:30 Norm Eisen: Professor Feldman, what is abuse of power? Noah Feldman: Abuse of power is when the president uses his office, takes an action that is part of the presidency, not to serve the public interest, but to serve his private benefit. And in particular, it's an abuse of power if he does it to facilitate his reelection or to gain an advantage that is not available to anyone who is not the president. Noah Feldman: Sir, why is that impeachable conduct? Noah Feldman: If the president uses his office for personal gain, the only recourse available under the constitution is for him to be impeached because the president cannot be as a practical matter charged criminally while he is in office because the department of justice works for the president. So the only mechanism available for a president who tries to distort the electoral process for personal gain is to impeach him. That is why we have impeachment. 2:09:15 Norm Eisen: Professor Gerhardt, does a high crime and misdemeanor require an actual statutory crime? Michael Gerhardt: No, it plainly does not. Everything we know about the history of impeachment reinforces the conclusion that impeachable offenses do not have to be crimes. And again, not all crimes are impeachable offenses. We look at, again, at the context and gravity of the misconduct. 2:35:15 Michael Gerhardt: The obstruction of Congress is a problem because it undermines the basic principle of the constitution. If you're going to have three branches of government, each of the branches has to be able to do its job. The job of the house is to investigate impeachment and to impeach. A president who says, as this president did say, I will not cooperate in any way, shape, or form with your process robs a coordinate branch of government. He robs the House of Representatives of its basic constitutional power of impeachment. When you add to that the fact that the same president says, my Department of Justice cannot charge me with a crime. The president puts himself above the law when he says he will not cooperate in an impeachment inquiry. I don't think it's possible to emphasize this strongly enough. A president who will not cooperate in an impeachment inquiry is putting himself above the law. Now, putting yourself above the law as president is the core of an impeachable offense because if the president could not be impeached for that, he would in fact not be responsible to anybody. 3:15:30 Jonathan Turley: I'd also caution you about obstruction. Obstruction is a crime also with meaning. It has elements. It has controlling case authority. The record does not establish obstruction. In this case, that is what my steam colleagues said was certainly true. If you accept all of their presumptions, it would be obstruction, but impeachments have to be based on proof, not presumptions. That's the problem. When you move towards impeachment on this abbreviated schedule that has not been explained to me - why you want to set the record for the fastest impeachment. Fast is not good for impeachment. Narrow, fast, impeachments have failed. Just ask Johnson. So the obstruction issue is an example of this problem. And here's my concern. The theory being put forward is that President Trump obstructed Congress by not turning over material requested by the committee and citations have been made to the third article of the Nixon impeachment. Now, first of all, I want to confess, I've been a critic of the third article, the Nixon impeachment my whole life. My hair catches on fire every time someone mentions the third article. Why? Because you would be replicating one of the worst articles written on impeachment. Here's the reason why - Peter Radino's position as Chairman of Judiciary was that Congress alone decides what information may be given to it - alone. His position was that the courts have no role in this. And so by that theory, any refusal by a president based on executive privilege or immunities would be the basis of impeachment. That is essentially the theory that's being replicated today. President Trump has gone to the courts. He's allowed to do that. We have three branches, not two. You're saying article one gives us complete authority that when we demand information from another branch, it must be turned over or we'll impeach you in record time. Now making that worse is that you have such a short investigation. It's a perfect storm. You set an incredibly short period, demand a huge amount of information and when the president goes to court, you then impeach him. In Nixon, it did go to the courts and Nixon lost, and that was the reason Nixon resigned. He resigned a few days after the Supreme Court ruled against him in that critical case. But in that case, the court recognized there are executive privilege arguments that can be made. It didn't say, "You had no right coming to us, don't darken our doorstep again." It said, "We've heard your arguments. We've heard Congress's arguments and you know what? You lose. Turn over the material to Congress." Do you know what that did for the Judiciary is it gave this body legitimacy. Now recently there's some rulings against president Trump including a ruling involving Don McGahn. Mr. Chairman, I testified in front of you a few months ago and if you recall, we had an exchange and I encouraged you to bring those actions and I said I thought you would win and you did. And I think it's an important win for this committee because I don't agree with President Trump's argument in that case. But that's an example of what can happen if you actually subpoena witnesses and go to court. Then you have an obstruction case because a court issues in order and unless they stay that order by a higher court, you have obstruction. But I can't emphasize this enough. And I'll say just one more time. If you impeach a president, if you make a high crime and misdemeanor out of going to the courts, it is an abuse of power. It's your abuse of power. 3:26:40 Jonathan Turley: There's a reason why every past impeachment has established crimes, and it's obvious it's not that you can't impeach on a non-crime. You can, in fact. Non-crimes had been part of past impeachments. It's just that they've never gone up alone or primarily as the basis of impeachment. That's the problem here. If you prove a quid pro quo that you might have an impeachable offense, but to go up only on a noncriminal case would be the first time in history. So why is that the case? The reason is that crimes have an established definition and case law. So there's a concrete, independent body of law that assures the public that this is not just political, that this is a president who did something they could not do. You can't say the president is above the law. If you then say the crimes you accuse him of really don't have to be established. 3:39:35 Jonathan Turley: This is one of the thinnest records ever to go forward on impeachment. I mean the Johnson record one can can debate because this was the fourth attempt at an impeachment, but this is certainly the thinnest of a modern record. If you take a look at the size of the record of Clinton and Nixon, they were massive in comparison to this, which was is almost wafer thin in comparison, and it has left doubts - not just in the minds of people supporting president Trump - now it's in the minds of people like myself about what actually occurred. There's a difference between requesting investigations and a quid pro quo. You need to stick the landing on the quid pro quo. You need to get the evidence to support it. It might be out there, I don't know, but it's not in this record. I agree with my colleagues. We've all read the record and I just come to a different conclusion. I don't see proof of a quid pro quo no matter what my presumptions, assumptions or bias might be. Hearing: Impeachment Hearing with Fiona Hill and David Holmes, House Select Intelligence Committee, C-SPAN Coverage, November 21, 2019 Watch on Youtube: Open Hearing with Dr. Fiona Hill and David Holmes Witnesses Dr. Fiona Hill David Holmes Transcript: 44:45 David Holmes: Our work in Ukraine focused on three policy priorities: peace and security, economic growth and reform and anti-corruption and rule of law. These policies match the three consistent priorities of the Ukrainian people since 2014 as measured in public opinion polling, namely an end to the conflict with Russia that restores national unity and territorial integrity, responsible economic policies that deliver European standards of growth and opportunity and effective and impartial rule of law, institutions that deliver justice in cases of high level official corruption. Our efforts on this third policy priority merit special mention because it was during Ambassador Yovanovitch's tenure that we achieved the hard-fought passage of a law establishing an independent court to try corruption cases. 51:00 David Holmes: It quickly became clear that the White House was not prepared to show the level of support for the Zelensky administration that we had originally anticipated. In early May, Mr Giuliani publicly alleged that Mr. Zelensky was "surrounded by enemies of the U S president" and canceled a visit to Ukraine. Shortly thereafter we learned that Vice President Pence no longer plan to lead the presidential delegation to the inauguration. The White House then whittled down an initial proposed list for the official presidential delegation to the inauguration from over a dozen individuals to just five. Secretary Perry as its head, Special Representative for Ukraine and negotiations Kurt Volker representing the State Department, National Security Council director Alex Vindman representing the White House, temporary acting Charge D'affairs Joseph Pennington representing the Embassy, and Ambassador to the European Union, Gordon Sondland. While Ambassador Sondland's mandate as ambassador as the accredited ambassador to the European Union did not cover individual member states, let alone non-member countries like Ukraine, he made clear that he had direct and frequent access to President Trump and Chief of Staff Mick Mulvaney and portrayed himself as the conduit to the President and Mr. Mulvaney for this group. Secretary Perry, Ambassador Sondland, and Ambassador Volker later styled themselves "the three Amigos" and made clear they would take the lead on coordinating our policy and engagement with the Zelensky administration. 53:30 David Holmes: The inauguration took place on May 20th and I took notes in the delegations meeting with President Zelensky. During the meeting, Secretary Perry passed President Zelensky a list that Perry described as "people he trusts." Secretary Perry told President Zelensky that he could seek advice from the people on this list on issues of energy sector reform, which was the topic of subsequent meetings between Secretary Perry and key Ukrainian energy sector contacts. Embassy personnel were excluded from some of these later meetings by Secretary Perry's staff. 56:50 David Holmes: Within a week or two, it became apparent that the energy sector reforms, the commercial deals, and the anti-corruption efforts on which we were making progress were not making a dent in terms of persuading the White House to schedule a meeting between the presidents. 58:10 David Holmes: We became concerned that even if a meeting between Presidents Trump and Zelensky could occur, it would not go well. And I discussed with embassy colleagues whether we should stop seeking a meeting all together. While the White House visit was critical to the Zelensky administration, a visit that failed to send a clear and strong signal of support likely would be worse for President Zelensky than no visit at all. 58:30 David Holmes: Congress has appropriated $1.5 billion in security assistance for Ukraine since 2014. This assistance has provided crucial material and moral support to Ukraine and its defensive war with Russia and has helped Ukraine build its armed forces virtually from scratch into arguably the most capable and battle-hardened land force in Europe. I've had the honor of visiting the main training facility in Western Ukraine with members of Congress and members of this very committee, Ms. Stefanik, where we witnessed firsthand us national guard troops along with allies conducting training for Ukrainian soldiers. Since 2014 national guard units from California, Oklahoma, New York, Tennessee, and Wisconsin have trained shoulder to shoulder with Ukrainian counterparts. 59:30 David Holmes: Given the history of U.S. security assistance to Ukraine and the bipartisan recognition of its importance, I was shocked when on July 18th and office of management and budget staff members surprisingly announced the hold on Ukraine security assistance. The announcement came toward the end of a nearly two hour national security council secure video conference call, which I participated in from the embassy conference room. The official said that the order had come from the president and had been conveyed to OMB by Mr. Mulvaney with no further explanation. 1:03:30 David Holmes: The four of us went to a nearby restaurant and sat on an outdoor terrace. I sat directly across from Ambassador Sondland and the two staffers sat off to our sides. At first, the lunch was largely social. Ambassador Sondland selected a bottle of wine that he shared among the four of us and we discuss topics such as marketing strategies for his hotel business. During the lunch, Ambassador Sondland said that he was going to call President Trump to give him an update. Ambassador Sondland placed a call on his mobile phone and I heard him announce himself several times along the lines of Gordon Sondland holding for the president. It appeared to be he was being transferred through several layers of switchboards and assistance. And I then noticed Ambassador Sondland's demeanor changed and understood that he had been connected to President Trump. While Ambassador Sondland's phone was not on speaker phone, I could hear the president's voice through the ear piece of the phone. The president's voice was loud and recognizable and Ambassador Sondland held the phone away from his ear for a period of time, presumably because of the loud volume. I heard Ambassador Sondland greet the president and explained he was calling from Kiev. I heard president Trump then clarify that Ambassador Sondland was in Ukraine. Ambassador Sondland replied, yes, he was in Ukraine and went on to state President Zelensky "loves your ass." I then heard President Trump ask, "So he's going to do the investigation?" and Sondland replied that "He's going to do it" adding that President Zelensky will do anything you ask him to do. Even though I did not take notes of these statements, I have a clear recollection that these statements were made. I believe that my colleagues who were sitting at the table also knew that Ambassador Sondland was speaking with the president. The conversation then shifted to Ambassador Sondland's efforts on behalf of the president to assist a rapper who was jailed in Sweden. I can only hear Ambassador Sondland's side of the conversation. Ambassador Sondland told the president that the rapper was "kind of effed there and should have pled guilty." He recommended that the president "Wait until after the sentencing or we'll only make it worse", and he added that the president should let him get sentenced, play the racism card, give him a ticker tape when he comes home. Ambassador Sondland further told the president that Sweden quote "should have released him on your word, but that you can tell the Kardashians you tried." 1:15:00 David Holmes: Today, this very day, marks exactly six years since throngs pro-Western Ukrainians spontaneously gathered on Kiev's independence square, to launch what became known as the Revolution of Dignity. While the protest began in opposition to a turn towards Russia and away from the West, they expanded over three months to reject the entire corrupt, repressive system that had been sustained by Russian influence in the country. Those events were followed by Russia's occupation of Ukraine's Crimean peninsula and invasion of Ukraine's Eastern Donbass region, and an ensuing war that to date has cost almost 14,000 lives. 1:17:00 David Holmes: Now is not the time to retreat from our relationship with Ukraine, but rather to double down on it. 2:00:15 David Holmes: In the meeting with the president, Secretary Perry as head of the delegation opened the meeting with the American side, and had a number of points he made. And, and during that period, he handed over a piece of paper. I did not see what was on the paper, but Secretary Perry described what was on the paper as a list of trusted individuals and recommended that President Zelensky could draw from that list for advice on energy sector reform issues. Daniel Goldman: Do you know who was on that list? Holmes: I didn't see the list. I don't know other colleagues. There are other people who've been in the mix for a while on that set of issues. Other people, Secretary Perry has mentioned as being people to consult on reform. Goldman: And are they Americans? Holmes: Yes. 4:18:15 Fiona Hill: As I understood there'd been a directive for a whole scale review of our foreign policy assistance and the ties between our foreign policy objectives and the assistance. This has been going on actually for many months. And in the period when I was wrapping up my time there, there had been more scrutiny than specific assistance to specific sets of countries as a result of that overall review. 4:21:10 Fiona Hill: I asked him quite bluntly in a meeting that we had in June of 2019. So this is after the presidential inauguration when I'd seen that he had started to step up in much more of a proactive role on a Ukraine. What was his role here? And he said that he was in charge of Ukraine. And I said, "Well, who put you in charge Ambassador Sondland?" And he said, "The president." Stephen Castor: Did surprise you when he told you that. Fiona Hill:It did surprise me. We'd had no directive. We hadn't been told this. Ambassador Bolton had never indicated in any way that he thought that Ambassador Sondland was playing a leading role in Ukraine. 4:36:30 Fiona Hill: And one of Ukraine's Achilles heel, in addition to, it's military disadvantage with Russia, is in fact, energy. Ukraine remains for now the main transit point for a Russian oil and gas and pipelines to Europe. And this has been manipulated repeatedly, especially since 2006, by the Russian government. And in fact, I mean many of you here will remember, in the Reagan era, there was a huge dispute between the United States and Europe about about whether it made sense for Europe to build pipelines from the then Soviet union to bring gas to European markets. 4:55:30 David Holmes: United States has provided combined civilian and military assistance to Ukraine since 2014 of about $3 billion plus to $1 billion - three $1 billion loan guarantees that's not...those get paid back largely. So just over $3 billion, the Europeans at the level of the European Union and plus the member States combined since 2014. My understanding and have provided a combined $12 billion to Ukraine. 5:02:05 Fiona Hill: And so when I came in Gordon Sondland was basically saying, "Well, look, we have a deal here that there will be a meeting. I have a deal here with the Chief of Staff, Mulvaney there will be a meeting if the Ukrainians open up or announce these investigations into 2016 and Burisma" and I cut it off immediately there because by this point, having heard Mr. Giuliani over and over again on the television and all of the issues, that he was asserting. By this point, it was clear that Burisma was code for the Bidens because Giuliani was laying it out there. I could see why Colonel Vindman was alarmed and he said this is inappropriate with the National Security Council. We can't be involved in this. 5:03:45 Fiona Hill: And that's when I pushed back on Ambassador Sondland and said, "Look, I know there's differences about whether one, we should have this meeting. We're trying to figure out whether we should have it after the Ukrainian, democratic, sorry, parliamentary elections, the Rada elections", which by that point I think had been set for July 21st. It must have been, cause this is July 10th at this point. And Ambassador Bolton would like to wait until after that to basically see whether President Zelensky gets the majority in the parliament, which would enable him to form a cabinet. And then we can move forward. 6:05:50 Rep. Elise Stefanik (NY): Dr. Hill, turning back to you, there's been discussion about the process of scheduling the meeting between President Zelensky and President Trump, and you testified that there was hesitancy to schedule this meeting until after the Ukrainian parliamentary elections. Is that correct? Fiona Hill: That is correct, yes. Rep. Elise Stefanik (NY): And that's because there was speculation in all analytical circles, both in Ukraine and outside the Ukraine, that Zelensky might not be able to get the majority that he needed to form a cabinet, correct? Fiona Hill: That is correct. Rep. Elise Stefanik (NY): And you also testified that another aspect of the NSC hesitancy to schedule this meeting was based on broader concerns related to Zelensky's ability to implement anti-corruption reforms. And this was in specific relation to Ukrainian oligarchs who basically were the owner of the TV company that Mr. Zelensky his program had been a part of. Is that correct? Fiona Hill: That is correct. 6:21:40 Rep. Joaquin Castro (TX): One of them is headlined "After boost from Perry, backers got huge gas deal in Ukraine." The other one is titled "Wall Street Journal, federal prosecutors probe Giuliani's links to Ukrainian energy projects." Mr. Holmes. Thank you, chairman. You indicated that Secretary Perry, when he was in the Ukraine, had private meetings with Ukrainians. Before he had those private meetings, in a meeting with others, including yourself, I believe, he had presented a list of American advisers for the Ukraine energy sector. Do you know who was on that list? David Holmes: Sir, I didn't see the names on the list myself. Rep. Joaquin Castro (TX): Do you know if Alex Cranberg and Michael Blazer were on that list? David Holmes: I have since heard that Michael Blazer is on the list. Hearing: Impeachment Inquiry Hearing with Laura Cooper and David Hale, House Select Intelligence Committee, C-SPAN Coverage, November 20, 2019 Watch on Youtube: Open Hearing with Laura Cooper and David Hale Witnesses Laura Cooper David Hale Transcript: 45:30 Laura Cooper: I have also supported a robust Ukrainian Ministry of Defense program of defense reform to ensure the longterm sustainability of US investments and the transformation of the Ukrainian military from a Soviet model to a NATO inter-operable force. 45:50 Laura Cooper: The National Defense Authorization Act requires the Department of Defense to certify defense reform progress to release half of the Ukraine Security Assistance Initiative or USAI funds, a provision we find very helpful. Based on recommendations from me and other key DOD advisers, the Department of Defense in coordination with the Department of State certified in May, 2019 that Ukraine had "taken substantial actions to make defense institutional reforms for the purposes of decreasing corruption, increasing accountability and sustaining improvements of combat capability."  47:15 Laura Cooper: Let me say at the outset that I have never discussed this or any other matter with the president and never heard directly from him about this matter. 48:05 Laura Cooper: I and others at the interagency meetings felt that the matter was particularly urgent, because it takes time to obligate that amount of money. And my understanding was that the money was legally required to be obligated by September 30th to the end of the fiscal year. 49:15 Laura Cooper: I received a series of updates and in a September 5th update, I and other senior defense department leaders were informed that over a $100,000,000 could not be obligated by September 30th. 49:45 Laura Cooper: After the decision to release the funds on September 11th of this year, my colleagues across the DOD security assistance enterprise worked tirelessly to be able to ultimately obligate about 86% of the funding by the end of the fiscal year, more than they had originally estimated they would be able to. Due to a provision in September's continuing resolution, appropriating an amount equal to the unobligated funds from fiscal year 2019, we ultimately will be able to obligate all of the USAI funds. 51:04 Laura Cooper: Since my deposition, I have again reviewed my calendar, and the only meeting where I recall a Ukrainian official raising the issue with me is on September 5th at the Ukrainian independence day celebration. 51:45 Laura Cooper: Specifically, on the issue of Ukraine's knowledge of the hold or of Ukraine, asking questions about possible issues with the flow of assistance. My staff showed me two unclassified emails that they received from the state department. One was received on July 25th at 2:31 PM. That email said that the Ukrainian Embassy and House Foreign Affairs Committee are asking about security assistance. The second email was received on July 25th at 4:25 PM that email said that the Hill knows about the FMF situation to an extent, and so does the Ukrainian embassy. I did not receive either of these emails. My staff does not recall informing me about them and I do not recall being made aware of their content at the time. 53:04 Laura Cooper: On July 3rd at 4:23 PM they received an email from the State Department stating that they had heard that the CN is currently being blocked by OMB. This apparently refers to the congressional notification State would send for Ukraine FMF. I have no further information on this. 53:20 Laura Cooper: On July 25th a member of my staff got a question from a Ukraine embassy contact asking what was going on with Ukraine security assistance. Because at that time, we did not know what the guidance was on USAI. The OMB notice of apportionment arrived that day, but the staff member did not find out about it until later. I was informed that the staff member told the Ukrainian official that we were moving forward on USAI, but recommended that the Ukraine embassy check in with State regarding the FMF. 1:02:40 David Hale: We've often heard at the state department that the President of the United States wants to make sure that a foreign assistance is reviewed scrupulously to make sure that it's truly in US national interests, and that we evaluated continuously to meet certain criteria that the president's established. Rep. John Ratcliffe (TX): And since his election, is it fair to say that the president Trump has looked to overhaul how foreign aid is distributed? David Hale: Yes. The NSC launched a foreign assistance review process, sometime, I think it was late August, early September, 2018. 1:04:30 Rep. John Ratcliffe (TX): In the past year, Ukraine was not the only country to have aid withheld from it, is that correct? David Hale: Correct. Rep. John Ratcliffe (TX): In the past year, was aid held withheld from Pakistan? David Hale:Yes sir. Rep. John Ratcliffe (TX): Why was aid withheld from Pakistan? David Hale: Because of unhappiness over the policies and behavior of the Pakistani government towards certain proxy groups that were involved in conflicts with United States. Rep. John Ratcliffe (TX): And in the past year was aid also withheld from Honduras. David Hale: Aid was withheld from three States in central Northern central America, yes. Rep. John Ratcliffe (TX): The past year was aide withheld from Lebanon? David Hale: Yes sir. Rep. John Ratcliffe (TX): And when aid was first held withheld from Lebanon, were you given a reason why it was withheld? David Hale: No. Rep. John Ratcliffe (TX): So having no explanation for why aid is being withheld is not uncommon. I would say it is not the normal way that we function... Rep. John Ratcliffe (TX): But it does happen. David Hale: It does happen. Rep. John Ratcliffe (TX): And is it true that when aid was being withheld from Lebanon that was at the same time aid was being withheld from Ukraine? David Hale: Correct, sir. Rep. John Ratcliffe (TX):And, you've testified that the aid to Lebanon still hasn't been released, is that right? David Hale: That is correct. Rep. John Ratcliffe (TX): Alright. 1:26:05 Laura Cooper: Russia violated the sovereignty of Ukraine's territory. Russia illegally annexed territory that belonged to Ukraine. They also denied Ukraine access to its Naval fleet at the time. And to this day, Russia is building a capability on Crimea designed to expand Russian military power projection far beyond the immediate region. 1:59:40 Laura Cooper: There are three separate pieces to our overall ability to provide equipment to the Ukrainian armed forces. The first is the foreign military finance system, which is a State Department authority and countries around the world have this authority. That authority is used for some of the training and equipment. There's also the Ukraine Security Assistance Initiative. That's a DOD authority. Unlike the State authority, the DOD authority is only a one year authority. And then third, there's an opportunity for defense sales. And that is something that we're working with Ukrainians on now so that they can actually purchase U.S. equipment. But the javelin specifically was provided under FMF initially and now the Ukrainians are interested in the purchase of javelin. 2:00:35 Rep. Will Hurd (TX): And there wasn't a hold put on purchasing of equipment, is that correct? Laura Cooper: Not to my understanding, no. 2:04:15 Laura Cooper: There were two ways that we would be able to implement presidential guidance to stop obligating the Ukraine Security Assistance Initiative. And the first option would be for the president to do a rescission. The second is a reprogramming action that the Department of Defense would do... Rep. Joaquin Castro (TX): In both of those would require congressional notice. There would be an extra step that the president would have to take to notify Congress. As far as, you know, was there ever any notice that was sent out to Congress? Laura Cooper: Sir, I did express that, that I believed it would require a notice to Congress and that then there was no such notice to my knowledge or preparation of such a notice to my knowledge. 2:07:41 Rep. John Ratcliffe (TX): But you can't say one way or another whether the inquiries in these emails were about the whole, is that fair? Laura Cooper: I cannot say for certain. Rep. John Ratcliffe (TX):Right, and you can't say one way or another, whether the Ukrainians knew about the whole before August 28th, 2019 when it was reported in Politico, correct? Laura Cooper: Sir, I can just tell you that it's the recollection of my staff that they likely knew, but no, I do not have a certain data point to offer you. Hearing: Impeachment Inquiry Hearing with E.U. Ambassador Gordon Sondland, House Select Intelligence Committee, C-SPAN Coverage, November 20, 2019 Watch on Youtube: Open Hearing with Ambassador Gordon Sondland Witness Gordon Sondland Transcript: 54:00 Gordon Sondland: As I testified previously, Mr. Giuliani's requests were a quid pro quo for arranging a white house visit for President Zelensky. Mr. Giuliani demanded that Ukraine make a public statement announcing the investigations of the 2016 Election DNC server, and Burisma. 54:30 Gordon Sondland: Mr. Giuliani was expressing the desires of the President of the United States, and we knew these investigations were important to the president. 55:00 Gordon Sondland: I was adamantly opposed to any suspension of aid, as the Ukrainians needed those funds to fight against Russian aggression. 55:10 Gordon Sondland: I tried diligently to ask why the aid was suspended, but I never received a clear answer. Still haven't to this day. In the absence of any credible explanation for the suspension of aid, I later came to believe that the resumption of security aid would not occur until there was a public statement from Ukraine committing to the investigations of the 2016 elections and Burisma as Mr. Giuliani had demanded. 59:40 Gordon Sondland: During the Zelensky inauguration, on May 20th the US delegation developed a very positive view of the Ukraine government. We were impressed by President Zelensky's desire to promote a stronger relationship with the United States. We admired his commitment to reform, and we were excited about the possibility of Ukraine making the changes necessary to support a greater Western economic investment. And we were excited that Ukraine might, after years and years of lip service, finally get serious about addressing its own well known corruption problems. 1:01:15 Gordon Sondland: Unfortunately, President Trump was skeptical. He expressed concerns that the Ukrainian government was not serious about reform, and he even mentioned that Ukraine tried to take him down in the last election. In response to our persistent efforts in that meeting to change his views, President Trump directed us to quote, "talk with Rudy." We understood that talk with Rudy meant talk with Mr. Rudy Giuliani, the president's personal lawyer. Let me say again, we weren't happy with the President's directive to talk with Rudy. We did not want to involve Mr. Giuliani. I believe then as I do now, that the men and women of the state department, not the president's personal lawyer, should take responsibility for Ukraine matters. Nonetheless, based on the president's direction we were faced with a choice, we could abandon the efforts to schedule the white house phone call and a white house visit between Presidents Trump and Zelensky, which was unquestionably in our foreign policy interest, or we could do as president Trump had directed and talk with Rudy. We chose the latter course, not because we liked it, but because it was the only constructive path open to us. 1:12:05 Gordon Sondland: After the Zelensky meeting, I also met with Zelensky's senior aide, Andre Yermak. I don't recall the specifics of our conversation, but I believe the issue of investigations was probably a part of that agenda or meeting. 1:12:15 Gordon Sondland: Also, on July 26 shortly after our Kiev meetings, I spoke by phone with President Trump. The White House, which has finally, finally shared certain call dates and times with my attorneys confirms this. The call lasted five minutes. I remember I was at a restaurant in Kiev, and I have no reason to doubt that this conversation included the subject of investigations. Again, given Mr. Giuliani's demand that President Zelensky make a public statement about investigations. I knew that investigations were important to President Trump. We did not discuss any classified information. Other witnesses have recently shared their recollection of overhearing this call. For the most part, I have no reason to doubt their accounts. It's true that the president speaks loudly at times and it's also true, I think, we primarily discussed ASAP Rocky. It's true that the president likes to use colorful language. Anyone who has met with him at any reasonable amount of time knows this well. I cannot remember the precise details. Again, the White House has not allowed me to see any readouts of that call and the July 26 call did not strike me as significant. At the time, actually, actually, I would have been more surprised if President Trump had not mentioned investigations, particularly given what we were hearing from Mr. Giuliani about the president's concerns. However, I have no recollection of discussing Vice President Biden or his son on that call or after the call ended. 1:14:10 Gordon Sondland: I know that members of this committee frequently frame these complicated issues in the form of a simple question. Was there a quid pro quo? As I testified previously with regard to the requested White House call and the White House meeting, the answer is yes. Mr. Giuliani conveyed to Secretary Perry, Ambassador Volker and others that President Trump wanted a public statement from President Zelensky committing to investigations of Burisma and the 2016 election. Mr Giuliani expressed those requests directly to the Ukrainians and Mr. Giuliani also expressed those requests directly to us. We all understood that these prerequisites for the White House call and the White House meeting reflected President Trump's desires and requirements. 1:23:10 Gordon Sondland: There was a September 1st meeting with President Zelensky in Warsaw. Unfortunately, President Trump's attendance at the Warsaw meeting was canceled due to Hurricane Dorian. Vice President Pence attended instead. I mentioned Vice President Pence before the meetings with the Ukrainians that I had concerns that the delay in aid had become tied to the issue of investigations. I recall mentioning that before the Zelensky meeting. During the actual meeting, President Zelensky raised the issue of security assistance directly with Vice President Pence and the vice president said that he would speak to President Trump about it. Based on my previous communication with Secretary Pompeo, I felt comfortable sharing my concerns with Mr. Yermak. It was a very, very brief pull aside conversation that happened. Within a few seconds, I told Mr. Yermak that I believe that the resumption of US aid would likely not occur until Ukraine took some kind of action on the public statement that we had been discussing for many weeks. 1:38:30 Gordon Sondland: I finally called the president, I believe it was on the 9th of September. I can't find the records and they won't provide them to me, but I believe I just asked him an open ended question, Mr. Chairman. "What do you want from Ukraine? I keep hearing all these different ideas and theories and this and that. What do you want?" And it was a very short, abrupt conversation. He was not in a good mood and he just said, I want nothing. I want nothing. I want no quid pro quo. Tell them Zelensky to do the right thing. Something to that effect. 1:43:00 Gordon Sondland: Again, through Mr. Giuliani, we were led to believe that that's what he wanted. 2:06:25 Gordon Sondland: President Trump never told me directly that the aid was conditioned on the meetings. The only thing we got directly from Giuliani was that the Burisma and 2016 elections were conditioned on the White House meeting. The aide was my own personal guess based again, on your analogy, two plus two equals four. 2:10:30 Gordon Sondland: Again, I don't recall President Trump ever talking to me about any security assistance ever. 2:44:00 Stephen Castor: Did the president ever tell you personally about any preconditions for anything? Gordon Sondland: No. Okay. Stephen Castor: So the president never told you about any preconditions for the aid to be released? Gordon Sondland: No. Stephen Castor: The president never told you about any preconditions for a White House meeting? Gordon Sondland: Personally, no. 3:01:10 Stephen Castor: And are you aware that he was also interested in better understanding the contributions of our European allies? Gordon Sondland: That I'm definitely aware of. Stephen Castor: And there was some back and forth between the state department officials trying to better understand that information for the president. Gordon Sondland: Yes, that's correct. Stephen Castor: And how do you know that wasn't the reason for the hold? Gordon Sondland: I don't... Stephen Castor: But yet you speculate that there was a link to the this announcement. Gordon Sondland: I presumed it, yes. Stephen Castor: Okay. 3:07:05 Stephen Castor: And when you first started discussing the concerns the president had with corruption, Burisma wasn't the only company that was mentioned, right. Gordon Sondland: It was generic, as I think I testified to Chairman Schiff, it was generic corruption, oligarchs, just bad stuff going on in Ukraine. Stephen Castor: But other companies came up, didn't they? Gordon Sondland: I don't know if they were mentioned specifically. It might've been Naftagas because we were working on another issue with Naftagas. So that might've been one of them. Stephen Castor: At one point in your deposition, I believe you, you said, "Yeah, Naftagas comes up at every conversation." Is that fair? Gordon Sondland: Probably. 3:14:55 Gordon Sondland: I think once that Politico article broke, it started making the rounds that, if you can't get a White House meeting without the statement, what makes you think you're going to get a $400 million check? Again, that was my presumption. Stephen Castor: Okay, but you had no evidence to prove that, correct? Gordon Sondland: That's correct. 3:44:10 Daniel Goldman: It wasn't really a presumption, you heard from Mr. Giuliani? Gordon Sondland: Well, I didn't hear from Mr. Giuliani about the aid. I heard about the Burisma and 2016. Daniel Goldman: And you understood at that point, as we discussed, two plus two equals four, that the aid was there as well. Gordon Sondland: That was the problem, Mr. Goldman. No one told me directly that the aid was tied to anything. I was presuming it was. 5:02:10 Rep. Jim Himes (CT): What did Mr. Giuliani say to you that caused you to say that he is expressing the desires of the President of the United States? Gordon Sondland: Mr. Himes, when that was originally communicated, that was before I was in touch with Mr. Giuliani directly. So this all came through Mr. Volcker and others. Rep. Jim Himes (CT): So Mr. Volcker told you that he was expressing the desires of the President of the United States. Gordon Sondland: Correct. 5:20:40 Rep. Michael Turner (OH): Well, you know, after you testified, Chairman Schiff ran out and gave a press conference and said he gets to impeach the president and said it's because of your testimony and if you pull up CNN today, right now, their banner says "Sondland ties Trump to withholding aid." Is that your testimony today, Mr. Ambassador Sondland, that you have evidence that Donald Trump tied the investigations the aid? Cause I don't think you're saying that. Gordon Sondland: I've said repeatedly, Congressman, I was presuming. I also said that President Trump... Rep. Michael Turner (OH): So no one told you, not just the president...Giuliani didn't tell you, Mulvaney didn't tell you. Nobody - Pompeo didn't tell you. Nobody else on this planet told you that Donald Trump was tying aid to these investigations. Is that correct? Gordon Sondland: I think I already testified. Rep. Michael Turner (OH): No, answer the question. Is it correct? No one on this planet told you that Donald Trump was tying this aid to the investigations. Cause if your answer is yes, then the chairman's wrong. And the headline on CNN is wrong. No one on this planet told you that president Trump was tying aid to investigations. Yes or no? Gordon Sondland: Yes. Hearing: Impeachment Hearing with Ambassador Kurt Volker and National Security Aide Tim Morrison, House Select Intelligence Committee, C-SPAN Coverage, November 19, 2019 Watch on Youtube: Open Hearing with Ambassador Kurt Volker and Timothy Morrison Witnesses Kurt Volker Timothy Morrison Transcript: 43:20 Timothy Morrison: I continue to believe Ukraine is on the front lines of a strategic competition between the West and Vladimir Putin's revanchist Russia. Russia is a failing power, but it is still a dangerous one. United States aids Ukraine and her people, so they can fight Russia over there and we don't have to fight Russia here. Support for Ukraine's territorial integrity and sovereignty has been a bipartisan objective since Russia's military invasion in 2014. It must continue to be. 48:00 Kurt Volker: At no time was I aware of or knowingly took part in an effort to urge Ukraine to investigate former Vice President Biden. As you know, from the extensive realtime documentation I have provided, Vice President Biden was not a topic of our discussions. 50:20 Kurt Volker: At the time I took the position in the summer of 2017 there were major complicated questions swirling in public debate about the direction of US policy towards Ukraine. Would the administration lifts sanctions against Russia? Would it make some kind of grand bargain with Russia in which it would trade recognition of Russia seizure of Ukrainian territory for some other deal in Syria or elsewhere? Would the administration recognize Russia's claimed annexation of Crimea? Will this just become another frozen conflict? There are also a vast number of vacancies in key diplomatic positions. So no one was really representing the United States in the negotiating process about ending the war in Eastern Ukraine. 51:20 Kurt Volker: We changed the language commonly used to describe Russia's aggression. I was the administration's most outspoken public figure highlighting Russia's invasion and occupation of parts of Ukraine, calling out Russia's responsibility to end the war. 54:45 Kurt Volker: The problem was that despite the unanimous positive assessment and recommendations of those of us who were part of the US presidential delegation that attended the inauguration of President Zelensky, President Trump was receiving a different negative narrative about Ukraine and President Zelensky. That narrative was fueled by accusations from Ukraine's then prosecutor general and conveyed to the president by former mayor Rudy Giuliani. As I previously told this committee, I became aware of the negative impact this was having on our policy efforts when four of us, who were a part of the presidential delegation to the inauguration, met as a group with President Trump on May 23rd. We stressed our finding that President Zelensky represented the best chance for getting Ukraine out of the mire of corruption and had been in for over 20 years. We urged him to invite President Zelensky to the White House. The president was very skeptical. Given Ukraine's history of corruption. That's understandable. He said that Ukraine was a corrupt country full of terrible people. He said they tried to take me down. In the course of that conversation, he referenced conversations with Mayor Giuliani. It was clear to me that despite the positive news and recommendations being conveyed by this official delegation about the new president, President Trump had a deeply rooted negative view on Ukraine rooted in the past. He was receiving other information from other sources, including Mayor Giuliani, that was more negative, causing him to retain this negative view. Within a few days, on May 29th, President Trump indeed signed the congratulatory letter to President Zelensky, which included an invitation to the president to visit him at the White House. However, more than four weeks passed and we could not nail down a date for the meeting. I came to believe that the president's long-held negative view towards Ukraine was causing hesitation in actually scheduling the meeting, much as we had seen in our oval office discussion. 57:35 Kurt Volker: President Zelensky's senior aide, Andriy Yermak approached me several days later to ask to be connected to Mayor Giuliani. I agreed to make that connection. I did so because I understood that the new Ukrainian leadership wanted to convince those like Mayor Giuliani, who believes such a negative narrative about Ukraine, that times have changed and that under President Zelensky, Ukraine is worthy of us support. Ukrainians believed that if they could get their own narrative across in a way that convinced Mayor Giuliani that they were serious about fighting corruption and advancing reform, Mayor Giuliani would convey that assessment to President Trump, thus correcting the previous negative narrative. That made sense to me and I tried to be helpful. I made clear to the Ukrainians that Mayor Giuliani was a private citizen, the president's personal lawyer, and not representing the US government. Likewise, in my conversations with Mayor Giuliani, I never considered him to be speaking on the president's behalf or giving instructions, rather, the information flow was the other way. From Ukraine to Mayor Giuliani in the hopes that this would clear up the information reaching President Trump. 1:00:15 Kurt Volker: I connected Mayor Giuliani and Andriy Yermak by text and later by phone they met in person on August 2nd, 2019. In conversations with me following that meeting, which I did not attend, Mr. Giuliani said that he had stressed the importance of Ukraine conducting investigations into what happened in the past, and Mr. Yermak stressed that he told Mr. Giuliani it is the government's program to root out corruption and implement reforms, and they would be conducting investigations as part of this process anyway. 1:00:45 Kurt Volker: Mr. Giuliani said he believed that the Ukrainian president needed to make a statement about fighting corruption and that he had discussed this with Mr. Yermak. I said, I did not think that this would be a problem since that is the government's position. Anyway, I followed up with Mr. Yermak and he said that they would indeed be prepared to make a statement. 1:02:10 Kurt Volker: On August 16th, Mr. Yermak shared a draft with me, which I thought looked perfectly reasonable. It did not mention Burisma or 2016 elections, but was generic. Ambassador Sondland I had a further conversation with Mr. Giuliani who said that in his view, in order to be convincing that this government represented real change in Ukraine, the statement should include specific reference to Burisma and 2016 and again, there was no mention of Vice President Biden in these conversations. 1:02:40 Kurt Volker: Ambassador Sondland and I discussed these points and I edited the statement drafted by Mr. Yermak to include these points to see how it looked. I then discussed it further with Mr. Yermak. He said that for a number of reasons, including the fact that since Mr. Lutsenko was still officially the prosecutor general, they did not want to mention Burisma or 2016 and I agreed. And the idea of putting out a statement was shelved. These were the last conversations I had about this statement, which were on or about August 17 to 18. 1:04:00 Kurt Volker: At the time I was connecting Mr. Yermak and Mr. Giuliani and discussing with Mr. Yermak and Ambassador Sondland a possible statement that could be made by the Ukrainian president, I did not know of any linkage between the hold on security assistance and Ukraine pursuing investigatio

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Congressional Dish
CD203: Scattering Interior

Congressional Dish

Play Episode Listen Later Oct 31, 2019 69:37


Public land belongs to all Americans and the bureaus of the Interior Department are responsible for balancing conservation and resource extraction on our land. The Trump administration is making some major changes to this important agency which few Americans are aware of. In this episode, learn what their plans are, how those plans are being implemented, and who stands to benefit from the changes. Spoiler alert! Fossil fuel companies will be pleased. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD149: Fossil Fuel Foxes Articles/Documents Article: Court halts leasing, drilling expansion in sage grouse habitatBy Allayana Darrow, The Sheridan Press | Via Wyoming News Exchange, October 23, 2019 Article: Pendley's Reagan years: Leasing zeal spurs coal 'fire sale' By Timothy Cama, E&E News, September 30, 2019 Article: The Interior Secretary Wants to Enlarge a Dam. An Old Lobbying Client Would Benefit. By Coral Davenport, The New York Times, September 28, 2019 Article: Audio of private meeting shows oil industry ripping into Trump administration By Ben Lefebvre, Politico, September 27, 2019 Article: Some Men Just Want to Watch the World Burn By Tim Dickinson, Rolling Stone, August 29, 2019 Article: The Federal Election Commissino Needs 4 of 6 Members to Enforce the Law. It Now Has 3. By Shane Goldmacher, The New York Times, August 26, 2019 Article: Congress pumps brakes on Interior push to relocate Bureau of Land Management By Rebecca Beitsch, The Hill, August 22, 2019 Letter: Addressed to Mr. Joseph Balash Tom Udall and Betty McCollum, August 22, 2019 Article: Bureau of Land Management retirees fight plan to relocate agency out west By Rebecca Beitsch, The Hill, August 21, 2019 Article: Interior Releases Specifics of Reorganization Plan FEDweek, August 21, 2019 Article: Land and minerals chief resigns with questions in his wake by Heather Richards, E&E News, August 21, 2019 Article: Trump's Pick for Managing Federal Lands Doesn't Believe the Government Should Have Any By Steven Mufson, The Washington Post, July 31, 2019 Article: Lawmakers, Lobbyists and the Administration Join Forces to Overhaul the Endangered Species Act By Coral Davenport and Lisa Friedman, The New York Times, July 22, 2019 Article: Tribes accuse BLM of shutting them out on drilling decisions By Heather Richards, E&E News, July 16, 2019 Report: Assessment of methane emissions from the U.S. oil and gas supply chain By Ramón A. Alvarez, Daniel Zavala-Araiza, David R. Lyon, David T. Allen, Zachary R. Barkley, Adam R. Brandt, Kenneth J. Davis, Scott C. Herndon, Daniel J. Jacob, Anna Karion, Eric A. Kort, Brian K. Lamb, Thomas Lauvaux, Joannes D. Maasakkers, Anthony J. Marchese, Mark Omara, Stephen W. Pacala, Jeff Peischl, Allen L. Robinson, Paul B. Shepson, Colm Sweeney, Amy Townsend-Small, Steven C. Wofsy, Steven P. Hamburg, Science Magazine, Vol. 361, Issue 6398, pp. 186-188, July 13, 2018 Article: Carbon dioxide levels hit landmark at 415 ppm, highest in human history By Ryan W. Miller and Doyle Rice, USA TODAY, May 13, 2019 Article: Rep. Grijalva: House panel considering subpoenas for Interior information By Anthony Adragna and Ben Lefebvre, Politico, May 10, 2019 Article: Bernhardt bucks Zinke on part of reorganization plan By Michael Doyle, Politico, May 8, 2019 Article: Interior Dept. Opens Ethics Investigation of Its New Chief, David Bernhardt By Coral Davenport, The New York Times, April 15, 2019 Article: Oil Producers Are Burning Enough 'Waste' Gas to Power Every Home in Texas By Kevin Crowley and Ryan Collins, Bloomberg, April 10, 2019 Article: David Bernhardt confirmed as Secretary of the Interior By Chris D’Angelo, High Country News, April 12, 2019 Article: Trump’s Pick for Interior Dept. Continued Lobbying After Officially Vowing to Stop, New Files Show By Coral Davenport, The New York Times, April 4, 2019 Article: Interior Nominee Intervened to Block Report on Endangered Species By Eric Lipton, The New York Times, March 26, 2019 Article: The Trump administration is opening millions of new acres to drilling — and that’s just the start By Darryl Fears and Juliet Eilperin, The Washington Post, March 15, 2019 Article: Top Leader at Interior Dept. Pushes a Policy Favoring His Former Client By Coral Davenport, The New York Times, February 12, 2019 Article: Interior Secretary Zinke resigns amid investigations By Darryl Fears, Juliet Eilperin, and Josh Dawsey, The Washington Post, December 15, 2018 Article: Trump Says He’ll Nominate Andrew Wheeler to Head the E.P.A. By Lisa Friedman, The New York Times, November 16, 2018 Article: “The Guy Doing the Dirty Work” at Trump’s Interior Department is an Ex-Oil Lobbyist Straight Out of the Swamp By Rebecca Leber, Mother Jones, October 9, 2018 Article: In America’s Hottest Drilling Spot, Gas Is Going Up in Smoke By Rebecca Elliott, The Wall Street Journal, August 29, 2018 Article: As Trump Dismantles Clean Air Rules, an Industry Lawyer Delivers for Ex-Clients By Eric Lipton, The New York Times, August 19, 2018 Article: At Interior, we’re ready to bring the Endangered Species Act up to date By David Bernhardt, The Washington Post, August 9, 2018 Article: Law That Saved the Bald Eagle Could Be Vastly Reworked By Lisa Friedman, Kendra Pierre-Louis and Livia Albeck-Ripka, The New York Times, July 19, 2018 Article: Firm Prepares To Mine Land Previously Protected As A National Monument By Shannon Van Sant, npr, June 21, 2018 Article: White House Proposes a Massive Reorganization of Federal Agencies By Charles S. Clark, Government Executive, June 21, 2018 Resignation Letter: Read Joel Clement's resignation letter - Whistleblower Joel Clement, an executive with the Department of Interior, resigned Oct. 4 By Joel Clement, The Washington Post, October 4, 2017 Article: I'm a scientist. I'm blowing the whistle on the Trump administration By Joel Clement, The Washington Post, July 19, 2017 Document: STATEMENT OF RYAN ZINKE, SECRETARY OF THE INTERIOR BEFORE THE SENATE ENERGY AND NATURAL RESOURCES COMMITTEE ON THE 2018 PRESIDENT’S BUDGET REQUEST, June 20, 2017 Article: Zinke moving dozens of senior interior department officials in shake-up By Juliet Ellperin and Lisa Rein, The Washington Post, June 16, 2017 Executive Order 13781: Comprehensive Plan for Reorganizing the Executive Branch Executive Office of the President, Federal Register, March 13, 2017 Article: Trump advisors aim to privatize oil-rich Indian reservations by Valerie Volcovici, Reuters, December 5, 2016 Article: The Federal Government Should Follow the Constitution and Sell Its Western Lands by William Perry Pendley, National Review, January 19, 2016 Press Release: President Obama Announces Bromwich to Fix Oil Industry Oversight The White House, Office of the Press Secretary, June 15, 2010 Article: Report Finds Interior Department Mismanaged Coal Lease Program by Philip Shabecoff, The New York Times, February 9, 1984 Additional Resources Press Release: Energy Revenues and Disbursements Soar Under the Trump Administration, U.S. Department of the Interior, October 24, 2019 Interior Reorganization, U.S. Department of the Interior, August 19, 2019 Unified Interior Regional Boundaries, U.S. Department of the Interior, August 19, 2019 Frequently Asked Questions about DOI Reorganization, U.S. Department of the Interior, August 19, 2019 Who We Are: Secretary David Bernhardt, U.S. Department of the Interior Index: CALIFORNIA OIL AND GAS LEASE SALES, U.S. Department of the Interior, Bureau of Land Management Memorandum: The Interior Secretary Wants to Enlarge a Dam. An Old Lobbying Client Would Benefit. U.S. Department of the Interior, August 9, 2019 YouTube Video: How Trump's new Interior pick David Bernhardt became “the guy doing the dirty work.”, Mother Jones, February 7, 2019 Petition: Please Oppose David Bernhardt For Deputy Secretary of the Interior May 17, 2017 Document: U.S. Department of the Interior Order No. 3355 Charity Navigator: Defenders of Wildlife Department of Influence Leadership - Scott Cameron: Principal Deputy Assistant Secretary for Policy, Management and Budget Linkedin Page: Scott Cameron GAO - U.S. Government Accountability Office Page: GOVERNMENT REORGANIZATION: Key Questions to Assess Agency Reform Efforts Representative Summary: Rob Bishop, Representative (UT) Website: Public Lands Foundation Sound Clip Sources Full Committee Hearing: THE DEPARTMENT OF THE INTERIOR'S FAILURE TO COOPERATE WITH CONGRESSIONAL OVERSIGHT REQUESTS, Committee on Natural Resources, September 26, 2019 Watch on YouTube: DOI’s Failure to Cooperate with Congressional Oversight Requests Witnesses: William Perry Pendley - Deputy Director for Policy and Programs at the Bureau of Land Management Tony Small - Vice Chairman of the Ute Indian Tribal Business Committee Edward Shephard - President of the Public Lands Foundation Hearing: BLM DISORGANIZATION: EXAMINING THE PROPOSED REORGANIZATION AND RELOCATION OF THE BUREAU OF LAND MANAGEMENT HEADQUARTERS TO GRAND JUNCTION, COLORADO, Committee on Natural Resources, September 10, 2019 Watch on YouTube: BLM Disorganization EventID=109893 Witnesses: William Perry Pendley - Deputy Director for Policy and Programs at the Bureau of Land Management Tony Small - Vice Chairman of the Ute Indian Tribal Business Committee Edward Shephard - President of the Public Lands Foundation Transcript: 21:30 William Perry Pendley:We need to have the energy, mineral and realty management experts, who are now in Washington, out in the field with the state offices to work hand in glove with tribal leaders on tribal lands to ensure their ability to develop the resources. Congress passed last year, in 2018, a change to that law to permit more of these agreements. We're working aggressively with the BIA to have those agreements, and I'll be a very, very strong advocate for tribes being able to enter into those agreements to take over the oil and gas leasing functions on their land if that's their decision to do so. 52:15 Rep. Rob Bishop (UT): Grand Junction is not necessarily where everyone is going to go. We're also moving people to New Mexico. You're moving people to Arizona, to Nevada, over to Utah, up to Idaho, where their function can be better enhanced by being in those local particular areas. So this is not just a wholesale move from at stadium to Grand Junction. You're covering the entire West, and you're going to allow a greater expertise and a greater experience throughout the entire area in which you find BLM lands, right? William Perry Pendley: That's absolutely the case. We have 74 people going to various state offices to perform SAIDI office functions. We have 222 people going to state office to perform headquarters' functions. Nearly every, well, not nearly, every Western state will benefit from the infusion of experts. Rep. Rob Bishop (UT): We all will benefit, and I appreciate that. Yes, sir. 55:40 Rep. Jody Hice (GA): How will the American people be able to visualize and experience some of the, how they themselves, how Americans are going to be better served, if the leadership and the resources are moved closer to the actual places that are impacted and involved with BLM. William Perry Pendley:Congressman, I think one of the ways is better decision making earlier in the process. None of us like the logjam that we've seen, for example, with national environmental policy act, where we have endless litigation, and makes it difficult for things, rubber to hit the road, and whether we're doing a recreational project or grazing renewal or oil and gas operations, whatever we're doing, they get bogged down. And one of the things the secretary has done is forced those decisions out into the field with sectoral or 3355 to shorten our NEPA process and get it done right. And one of the ways we can most effectively do that is having our top people in the field. 1:04:30 Rep. Dianna Degette (CO): 35 of those people said they're going, of the 177 you have now, they said they're not going to move to the West. Do you have people in the West who are qualified who say they're going to take that job? William Perry Pendley: If I could slightly correct the statement, that is an estimate that our policy budget and management people made, calculating that typically 25%... Rep. Dianna Degette (CO): The find 25% that want to go there? William Perry Pendley: No, no. It's simply a rough calculation, okay, we've got to make some numbers. We're going to try to get a number to provide Congress. What's our PHCS code? Rep. Dianna Degette (CO):Understand. Did they get the number on the other side of how many more people would want to come in? Do you have that number? William Perry Pendley: I don't have that number. Rep. Dianna Degette (CO): Thank you very much. 1:33:30 Rep. Eleanor Holmes Norton (DC):Would you, to this committee, promise to have before this committee, a survey of staff so that the committee will have information on how many will refuse and how many will be glad to move to Grand Junction? William Perry Pendley:We're going to be meeting with people one on one. We're going to be meeting with family members. We're going to be asking their personal needs and be responsive to those needs. I don't think we can provide that information because that's going to be a one-on-one employee to employee discussion. 1:54:15 Tony Small: Moving BLM to Grand Junction will impact energy permitting on our lands. No one is talking about moving the White House or Congress to Grand Junction or any other agencies involved in energy permitting on Indian lands. Moving BLM will reduce coordination, drain expertise, eliminate accountability. Rather than drain the swamp, BLM will become a tool of special interest and will lose focus on its national missions, including trust responsibility to tribes. Grand Junction is in our original homelands. In 1880 we entered into an agreement with United States to give up millions of acres and to resettle along the grand river, near modern day Grand Junction. These lands were rich with water resources, but the United States forces us at gunpoint further West into what would become Eastern Utah. In this rocky desert, a 1.9 million acre reservation was established for our benefit. Ever since, our Kopavi reservation in Utah has been under attack. First, non Indians overgraze lands intended for our stock, and today BLM permits energy development on our lands. -- have been made and energy leases and royalties on our own Kopavi reservation. BLM splits this money with the state. We have never been paid for the use of our lands. Year after year, the United States forces us to go to court to protect our lands and enforce treaties, agreements, and trust responsibilities. This must stop. 2:34:15 Rep. Eleanor Holmes Norton (DC): If this proposal were to go through, there would be virtually no headquarter staff, and there would be, it would be the only agency that did not have a headquarters staff present here in the nation's capital. It is an extreme proposal to put it mildly. 2:35:45 Rep. Eleanor Holmes Norton (DC): And you reference that there had been past reorganization efforts, that they had been problematic, and even ultimately reversed. I wonder if you have any detail you could offer the committee on prior reorganizations of any kind. Edward Shephard: I can. One example that I can give from my personal experience, when I was back on forestry staff here in Washington DC, is we moved a lot of folks West to, what we call, centers of excellence. And when they went out to the West they became a part of that state. Whether it was intended to or not, that's just human nature. They became part of that state organization and a lot of the knowledge of what went on, if you went to Oregon, you didn't know what was going on in Utah, Colorado, because you were in that state, you concentrated on that state. And you also, the way this reorganization was, you won't even have, and that way in '91 also you don't have the benefit of going over, if you're a forester and you're making a decision on a policy level thing, you can't walk over to the wildlife staff that also does policy because they're not there. And that's an issue that's gonna happen with this reorganization. You need to work together between interdisciplinary teams and it won't be there when they're spread out all over the place. Full Committee Hearing: WHEN SCIENCE GETS TRUMPED: SCIENTIFIC INTEGRITY AT THE DEPARTMENT OF THE INTERIOR, Committee on Natural Resources, July 25, 2019 Watch on YouTube: Full Committee Hearing EventID=109850 Witnesses Andrew Rosenberg, PhD - Director at the Center for Science and Democracy at the Union of Concerned Scientists Joel Clement - Senior Fellow at the Arctic Institute Daren Baskst - Senior Research Fellow at the Heritage Foundation Maria Caffrey, PhD - Former partner of the National Park Service Transcript: 34:00 Andrew Rosenberg: Some examples of attacks at the Department of Interior selected from our research are as follows. The Fish and Wildlife service bowed to political pressure and circumvented our comprehensive assessment of impacts on endangered species of a proposed city size development in southeastern Arizona. Department suppressed 18 memos from staff scientists raising concerns about proposed oil and gas operations in the Arctic National Wildlife refuge, and they defunded landscape conservation cooperatives effectively censoring climate change adaptation information for state and local governments. Department of Interior published an analysis of gray wolves that was riddled with errors, scientific errors, as identified by peer reviewers and that analysis then extensively supported removing endangered species act protections for this species. And DOI officials blocked the release of a comprehensive analysis on potential dangers of widely used pesticides for hundreds of endangered species, as the chairman noted, 1400. 39:05 Joel Clement: As Director of the Office of Policy Analysis, it was my job to understand the most recent scientific and analytical information regarding matters that affected the mission of the agency and to communicate that information agency leadership. I never assumed that agency leadership would make their decisions based entirely on that information, but I did assume they'd taken into consideration. And that proved true for the first 6 years of my time at Interior. It all ended with the arrival of the Trump political team, which as I'll describe later on, has sidelines scientists and experts, flattened the morale of the career staff, and by all accounts has bent on hollowing out the agency. Now the career staff at interior are not partisan in the work. They have a job to do, they do it well. Of course, they know that an incoming Republican administration is likely to favor resource extraction of a conservation. The vice versa is true, but they've pledged to support and defend the constitution, advance the mission of the agency regardless of their beliefs. But what if their leaders are trying to break down the agency? What if their directives run counter to the agency mission as directed by Congress? What if the political appointees are intentionally suppressing the science that indicates that doing more harm than good and putting American's and the American economy at risk? These days, career staff have to ask themselves these questions nearly every day, or at least decide where their red line is. For me, the Trump administration crossed it by putting American health and safety at risk and wasting taxpayer dollars. Here's how that went down. Science tells us that rapid climate change is impacting every single aspect of the agency mission, and it was my job to evaluate and explain these threats. For example, as the federal trustee for American Indians and Alaska natives, Interior is partially responsible for the wellbeing, uh, but with over 30 Alaska native villages listed by the government accountability office, as acutely threatened by the impacts of climate change, it should be a top priority for Interior to help get these Americans out of harm's way as soon as possible. I was working with an inter-agency team to address this issue, speaking very publicly about the need for DOI to address climate impacts, and I paid that price. Uh, one week after speaking at the U.N, uh, on the importance of building climate resilience, I receive an evening email telling me had been reassigned to the auditing office that collects royalty checks from oil, gas, and mining industries. I have no experience in accounting or in auditing. It was pretty clear to me and my colleagues that this was retaliation for my work highlighting Interior's responsibilities as they pertain to climate change and protecting American citizens. So I blew the whistle. I was not alone. Dozens of other senior executives received reassignment notices in that night's purge. The ensuing inspector general investigation revealed the political team had broken every single one of the office of personnel management guidelines for reassigning senior executives, and they left no paper trail to justify their actions. 41:50 Joel Clement: There are many more instances of the agency directly suppressing science. Among them, reports that Secretary Bernhardt ignored and failed to disclose over a dozen internal memos expressing concern about the impacts of oil and gas exploration on the Arctic National Wildlife Refuge. Former Secretary Zinke, canceling a national academy study on the health impacts of coal mining, right before lifting a moratorium on coal leasing. Zinke again, instituting a political review of science grants led by an old football buddy that was, that has bottle-necked research funding and led to cancelled research and the U.S. Geological survey eliminating their entire climate change mission area. The list goes on and on. Not only does this group ignore science and expertise, they crossed the line by actively suppressing it at the expense of American health and safety, our public lands and the economy. They're intentionally leaving their best player on the bench. 1:08:10 Rep. Deb Haaland (MN): Who took over the work that you were doing for those Alaska native communities, that incredibly important work. Who took that over after you were gone? Joel Clement: They've never replaced me and that work ceased. Rep. Deb Haaland (MN): They've never replaced you? Joel Clement: No. Several months later they found a political appointee to sit in the office, but he has since moved on upstairs. 1:10:05 Rep. Deb Haaland (MN): Why do you believe this reassignment was done out of retaliation and wasn't simply a policy decision by leadership? Joel Clement: I don't see any chance that that was a policy decision. I think it was purely punitive and retaliatory for two reasons. One, of course, to take the climate adviser and put them in the office that collects royalty checks is clearly an indication they want, they wanted me to quit. But also, the very next week, Secretary Zinke came to the hill and testified during a budget hearing, that indeed he did want to use reassignments to trim the workforce at DOI by 4,000 people. I don't think he realized the reassignments don't trim the workforce unless you're getting people to quit, and that's unlawful. 1:45:30 Rep. Paul Gosar: I don't think anybody denies that, that climate is always changing. I think there is nobody that will say that, but I think the priorities is what can man do and what cannot man do? Like i.e., the Sun. Would you agree with me that the Sun has more implications on our weather and climate than does man? Joel Clement: The uh, the climate has certainly always changed, there's no question about that. The climate has not changed at this pace and to this extent during the course of human civilization. Rep. Paul Gosar: Oh, well, has the earth changed dramatically before man? Joel Clement: It certainly has. During the time of the Dinosaurs, of course, they were wiped out by a very dramatic change. Rep. Paul Gosar: It did. Full Committee Hearing: U.S. Department of the Interior Budget and Policy Priorities for FY 2020, Committee on Natural Resources, May 15, 2019 Watch on YouTube: U.S. Department of the Interior Budget and Policy Priorities for FY 2020 Witness David Bernhardt: Secretary of the Interior Transcript: 1:36:45 Rep. Mike Levin (CA): Yes or no? Is there any doubt that you have a legal obligation to take into account the needs of future generations and manage the public lands to prevent unnecessary or undue degradation, now and in the future? David Bernhardt: We certainly have a need to take them into account. We are taking them into account. Rep. Mike Levin (CA): Yet when we met, you claimed that Congress hasn't given you enough direction to address climate change. David Bernhardt: What I specifically said is you haven't given me any direction to stop any particular activity and if you want to stop it, you need to give us that direction. The reality is we comply, we are compliant with NEPA. Rep. Mike Levin (CA): Mr Bernhardt, Secretary, what type of direction would you want Congress to give you to make it in every year? David Bernhardt: Whatever you think you can do to stop it, if that's what you want to do, go for it. But, but that should happen in this body. That's not something the Department of Interior does with the magic wand. 2:39:40 Rep. Matt Cartwright (PA): So I was reading the newspaper this week and it hit the headlines that two days ago, that carbon dioxide levels hit 415 parts per million, which is the highest in human history, the highest in 800,000 years. Did you happen to see that secretary? David Bernhardt: I didn't see that particular fact.... Rep. Matt Cartwright (PA): Well that was on the front page of USA Today, and I'll ask unanimous consent that the article titled "Carbon Dioxide levels hit landmark at 415 parts per million, highest in human history", be made part of the record. And that was of course when there were no humans the last time it, it hit that kind of level and so my question for you is on a scale, and this is a number question, I'm looking for a number secretary. On a scale of one to 10, how concerned are you about that? David Bernhardt: Well, what I will say is I believe that the United States..... Rep. Matt Cartwright (PA): ...And 10 being the most concerned and one being the least concerned, what's your number? David Bernhardt: I believe the United States is number one in terms of decreasing CO2. Rep. Matt Cartwright (PA): Did you hear me all right Secretary? I'm asking you what's your number of your level of concern about that? On a scale of one to 10, 10 being the most concerned, what's your number for how concerned you are about us hitting 415 parts per million of carbon dioxide? David Bernhardt: I haven't lost any sleep over it. C-SPAN Broadcast: Interior Department Fiscal Year 2020 Budget Request, Mother Jones, May 7, 2019 Watch on YouTube: APPROPRIATIONS--DEPARTMENT OF THE INTERIOR Committee on Appropriations Witness: David Bernhardt: Secretary of the Department of the Interior Transcript: 27:35 David Bernhardt: I recognize that climate is changing. I recognize that man is a contributing factor. 29:00 David Bernhardt: Are we going to stop Welland Gas Development because of this report? The answer to that is no. Congress, you all have the ability to decide whether we do anything on federal lands and you've decided the lands that we manage. You've decided a whole host of different range of things. On some things you've decided that it's wilderness and should be enjoyed for the solitude and enjoyment of people and untrammeled by man. On other things, you've decided that this is a national park and it should be managed that way. And on other areas you've decided that the land is for multiple use. We go through a planning process. That planning process can result in some areas that are for solitude, other areas are for multiple use, but at the end of the day we also have the Mineral Leasing Act. And if you have a view on what you want to happen, we'll carry it out when you execute it. And that is my position. 44:45 David Bernhardt: If I were to ask for a Lexis or Westlaw search, and for somebody to give me the number of times that the secretary is directed to do something, you'd find that there are over 600 instances in law that says, I shall do something. There's not a "shall" for "I shall manage the land to stop climate change" or something similar to that. There's a "shall" that tells me to provide people to work on reports. There's some authorization, but there's no "shalls". 53:40 Rep. Bonnie Watson Coleman (NJ): Obviously I want to talk to you a little bit about drilling off the coast. Democrats and Republicans, we kind of agree on this issue. There were in opposition to drilling off the coast of Atlantic, so our state has been very concerned about this administration's proposal to open up the outer continental shelf to drilling. I certainly was pleased to hear that those plans are on hold, but it's very concerning that the administration is planning to proceed with the seismic air gun testing. A practice that causes extreme injury to marine animals, including dolphins and whales. Considering the harm to wildlife, what is the justification for engaging in seismic testing when there is a little prospect of offshore drilling anytime soon? David Bernhardt: Well what we do is we receive these applications and we process them. I don't think we're at a stage where any have been approved. But we go through the process. Rep. Bonnie Watson Coleman (NJ): What applications are you talking about? David Bernhardt: The seismic applications. And my view would be that there's seismic that occurs out there for other things already that don't need a permit from a bone. But we'll go through and we'll do our analysis. We'll make our decision and I think the way the regulations written, if we say that there's a problem with the permit, then we need to explain how their application could be corrected. My own view is, we shouldn't be afraid of information, if we can do it lawfully and it can be done responsibly. The data itself is not something that we should be afraid of. 1:02:15 David Bernhardt: On my first day as deputy, the secretary pulled me into his office and said, "your first job is to deal with Sage-Grouse. And I'd spent my entire career avoiding Sage-Grouse both at the department and the private sector. 1:05:00 Rep. Mike Simpson (ID): I'm not anti Sage-Grouse. It's a species we've got to make sure it doesn't get on the listing and our language to prevent listing in the past has been so that there's progress can be made outside of the courts, frankly. Because it's going to be done by the Department of Interior, by the states, by the local communities, and not by a judge. 1:08:25 Rep. Brenda Lawrence (MI): The oversight committee on natural resources are investigating whether your staff has been complying with transparency and record keeping laws, including whether records related to your daily schedule was deleted or withheld from disclosure. On March 28th, the committee sent you a joint letter requesting transcribed interviews with four employees familiar. It has been over five weeks since the committee issued the letter and the Interior has not scheduled the interviews or allowed the employee to contact. What are you doing and when do you plan on scheduling these witnesses for interviews? David Bernhardt: Well, I think we've sent the committee tens of thousands of pages of documents. They'll see every single calendar entry made from the day. Rep. Brenda Lawrence (MI): But we're talking about.... David Bernhardt: We have every single document. You have so much to review. We've offered a briefing.... Rep. Brenda Lawrence (MI): But we as Congress asked for them to come and, last time I checked, you don't determine how we get our information. I appreciate what you sent, but the issue on the table is scheduling the witnesses for interviews and you sir, are the person who's responsible to set the tone. So I want to know, when do you plan on scheduling these witnesses? David Bernhardt: I want to be very clear here. We have offered additional briefings. We've offered material and at the right, we think it's not the appropriate time for interviews. Rep. Brenda Lawrence (MI): So your position is that you have the right to tell Congress when and what, how the information will be.... David Bernhardt: Of course not, but we do have a right to have a process that's fair and responsive and know.... Rep. Brenda Lawrence (MI): So you think the process isn't fair and responsive? David Bernhardt: In all candor, you sent these secretaries requests and they obviously have to make their choice, but you're talking about individual employees that have been long standing employees within the department and when you want to shoot at me, that's comes with the territory. But these are people, we have wonderful career employees here that are very, they've never had this happen to them in their career and I just think people ought to think about that for a minute. 1:13:00 Rep. Mike Quigley (IL): Four days into your tenure, the inspector general opened an ethics investigation into a "wide assortment of questionable conduct on your part". So, spare us that we're coming after your career employees, as you say, this is about you and the questions raised, leaving meetings with questionable private interest off your public calendar and changing your public calendar, which may violate federal record laws, rolling back endangered species protections to benefit your former clients, engaging in illegal lobbying activities and blocking scientific study on the impact of certain pesticides on several endangered species to benefit the makers of these pesticides. 1:28:15 Rep. Betty McCollum (MN): Does the DOI have a comprehensive plan for the proposed reorganization? And some of this I know you're probably going to get back to me on, so I'll read the others. David Bernhardt: I, um.... Rep. Betty McCollum (MN): Because the committee today has not received anything. David Bernhardt: I think I committed to you months ago that if this moved forward, you'd get a detailed plan. And I think you can say that you don't have a detailed plan. We have a spend plan that we brought today. I'll give you, but I know for a while that we need to have a plan that will pass muster for you. 1:30:10 Rep. Betty McCollum (MN): So, let me tie that back to what is going on with tribal consultation. Mr. Cameron's statement also in the Committee on Oversight and investigations, and I quote for him. "After much input from the department's career senior executive staff, Congress, governors, and external stakeholders, including consultation with Indian tribal leaders, a map was finalized in the unified regions, took effect on August 22nd 2018". According to your website, the unified regional boundary map was published on July 20, 2018, however; the first tribal consultation occurred on June 30th and the final consultation occurred on August 23rd. So it's clear from the timeline that the tribal consultation was, it appears to be an afterthought to the reorganization and... 1:34:00 David Bernhardt: Let me be very, very clear. We are not reorganizing as part of the unified regions in any way. The BIA or BIE, they wanted out of it. 1:58:15 Rep. Mike Quigley (IL): Tell us how the things I talked about, like reducing tests to key equipment such as blowout preventers is a compromise? David Bernhardt: The fact of the matter is the more you test equipment, also leads to the greater likelihood that it will fail and... Rep. Mike Quigley (IL): When you take that, so the logical conclusion, we've never tested theirs. Subcommittee on Oversight and Investigations Hearing: NO ROAD MAP, NO DESTINATION, NO JUSTIFICATION: THE IMPLEMENTATION AND IMPACTS OF THE REORGANIZATION OF THE DEPARTMENT OF THE INTERIOR, Committee on Natural Resources, April 30, 2019 Watch on YouTube: Oversight and Investigations Subcommittee Hearing Witnesses: Scott Cameron - Principal Deputy Assistant Secretary for Policy, Management, and Budget at the Department of Interior Worked at the Interior Department during the GWB administration. Between his Interior gigs for GWB and Trump, Cameron spent four years working at Dawson and Associates, a lobbying firm that represents lots of companies in the fossil fuel industry. Harold Frazier - Chairman of the Cheyenne River Sioux Tribe Michael Bromwich - Founder and Managing Principle of the Bromwich Group Former Justice Department Inspector General and U.S. Assistant Attorney Has investigated and helped reform police departments and conducted investigations of the FBI, returning damning results. Was one of the prosecutors of Oliver North in the Iran-Contra scandal. Jamie Rappaport-Clark - President and CEO at Defenders of Wildlife Former Director of the Fish and Wildlife Service during the Clinton administration Transcript: 9:45 Rep. T.J. Cox (CA): One of the first things Ryan Zinke did after becoming secretary was try to implement massive solution in search of a problem. The weakness in that approach to reorganizing the 70,000 employee department of the Interior, It became clear early in the process. We have not seen data to show that there is a problem. We've not seen data to prove that every organization was the way to solve the problem, nor have we seen a cost benefit analysis or workforce planning data, no measurable goals, no comprehensive plan, and that's worth repeating, a massive reorganization and we have seen no plan. 11:20 Rep. T.J. Cox (CA): The actions that have been taken so far in the name of the reorganization have already had significant impacts. Starting in 2017, dozens of the most experienced, the most effective employees were moved out of their positions into positions for which they had no qualifications or interest, and with very little notice. 12:35 Rep. T.J. Cox (CA): To try to uphold our constitutional prerogative to provide oversight on this major undertaking, this committee has repeatedly sought information from interior. We've been repeatedly denied. 19:55 Scott Cameron: Uh, the departments where reorganization is in response to President Trump's 2017 executive order to reorganize the executive branch to better meet the needs of the American people in the 21st century. Our Agency's reform plan highlights the need to modernize and plan for the next 100 years of land and water resource management. The first and very significant step we took toward reorganization was to create 12 unified regions that aligned most of our bureaus with within shared geographic boundaries and more importantly, shared geographic perspectives. After much input from the departments, career senior executive staff, Congress, governors, and external stakeholders, including consultations with Indian tribal leaders, the map was finalized and the unified regions took effect on August 22, 2018. 22:35 Scott Cameron: We have also proposed moving elements of the Bureau of Land Management and the U.S. Geological Survey headquarters operations west, to bring them closer to the public that they interact with most frequently. 24:25 Harold Frazier: Now when this reorganization happened, um, as tribes in the Great Plains area, and I'm sure throughout the United States, we were never properly consulted. When they come to the region, the Great Plains region, we were given a picture of a map. That's all we were given. We weren't given any plans over the purpose of, -how, or why this change is needed or how it's going to benefit our people. It was never done. That's all we were given. 29:10 Michael Bromwich: My testimony will focus on the first principles that should guide a significant government reorganization and how they were applied to the reorganization we undertook at interior following the oil spill. First, a bit of background. In late April, 2010, Deep Water Horizon rig was conducting exploratory drilling in the Macondo well in the Gulf of Mexico. The rig experienced a violent blowout that killed 11 people and injured many others. It was a human tragedy of major proportions, but also an enormous environmental tragedy. In early June, 2010 I was asked by President Obama to lead the agency responsible for the oversight of offshore drilling. At the time, known as the Minerals Management Service or MMS. We took immediate steps to modify the rules governing offshore drilling, but we also looked at whether the government's organizational structure for managing it was the right fit for the risks that it posed. We ultimately concluded that it was not, but not before we developed a detailed understanding of the way the agency operated and the costs and benefits of changing that structure. The agency was responsible for three very different missions, collecting royalties and revenues for the offshore program, making balanced resource decisions and developing and enforcing regulations governing offshore activities. These three missions conflicted with each other and the history of the agency demonstrated that revenue collection was emphasized at the expense of the other missions. By the time I arrived at DOI, six weeks after the initial explosion, discussions had already begun about reorganizing MMS to eliminate its structural conflicts, but I was given the discretion to decide whether or not to do it. I don't take reorganizations lightly. I have a bias against them. They are disruptive, expensive, frustrating, and they tend to depress morale. They create uncertainty and divert resources. They frequently fail to achieve their objectives. Reorganizations are too often undertaken for reasons of executive vanity. They are developed and implemented in haste, inadequately vetted based on inadequate analysis and insufficient consultations with stakeholders, including the personnel responsible for implementing them. They are a way for a new executive or executive team to put their imprint on an organization, whether the changes make any sense or not. Those are bad reasons for undertaking a reorganization, but those are the reasons that many are undertaken. In the case of MMS, we became convinced that a reorganization was necessary and appropriate, but only after careful study and consideration of less disruptive alternatives. I want to emphasize that when we began the process, there was no preordained outcome. We did not decide on the reorganization that was ultimately implemented and then work backwards to justify it. Instead, we undertook a detailed process together with outside consultants who are experts in organizational diagnosis and reorganizations. We considered a number of less sweeping changes, including changes to staffing levels, enhanced training, and other organizational tweaks. In the end, our analysis and discussions pointed to a broad reorganization and my prepared statement goes into detail into the various steps we took during the process. Throughout the process, we were extraordinarily open about what we were doing. We were open with the agencies personnel, with DOI, with the congress, and with the public. We spoke frequently about what we were doing and why we were doing it. The broad contours and most of the specifics of the reorganization were embraced by members of Congress of both parties. In the more than seven years since the reorganization was completed, its wisdom has been demonstrated. I've just told in very abbreviated form, the story of a rare species, a successful government reorganization. As I said at the outset, I know very few of the details of the proposed and far broader DOI organization that is the subject of this hearing, but I gather I'm not alone because the details of the reorganization have not been shared widely with agency personnel, the Congress, or the public, including local stakeholders, communities, and Native American tribes. That's a problem. I'm aware of no internal or external studies of any kind that have made the affirmative case for the proposed DOI reorganization. I am aware of no analyses or studies that have presented the anticipated benefits of the reorganization and balanced them against anticipated costs. 34:05 Jamie Rappaport-Clark: With more than 20 years of service with the federal government, I have personal experience with reorganization initiatives and with leading mission driven organizations. I believe the administration's current effort to reorganize Department of the Interior distracts from its vitally important mission. Waste scarce, fiscal and human resources disrupts the essential and lawful functions of interior bureaus, reduces staff capacity and seriously undermines employee morale. To succeed, there must be clarity, not only on the problems posed by the existing structure, but how the proposal will measurably improve performance. Impacts to personnel and operations must be explicitly considere and transparency and public engagement across all affected sectors, vitally important. The administration has not satisfied these fundamental criteria. Their plan suffers from a lack of crucial details, transparency, accountability, and public engagement. They have never really described a compelling need for reorganization. Consideration of critical questions about the scope, purpose, impacts, benefits, and risks of such a radical transformation have not been reconciled. 35:45 Jamie Rappaport-Clark: A unified military command is fundamentally inappropriate for coordinating interior bureaus. A distinct mission and responsibility for each bureau are established by law. Those missions sometimes align, but sometimes diverge or even conflict, and that's by design. Certainly bureaus can and should coordinate their actions better to achieve timely outcomes, but they cannot be legally subordinated to the control of a single unified regional directorship. The administration's proposal of 12 unified regions cut through watersheds, they cut through states and even individual public lands units, confounding management and complicating relationships with partners, overlaying new regions atop current agency boundaries or fracture relationships developed with stakeholders over many years. 37:00 Jamie Rappaport-Clark: Given this administration's agenda of energy dominance on the public domain and continuous attacks on our conservation laws and regulations, it's fair to question whether their purpose is to support their policy priorities and weaken the effectiveness of conservation programs rather than to achieve objectives of efficiency and public service in carrying out the Interior department's complex and multidimensional mission. 42:30 Scott Cameron : Because we respect the sovereignty of Indian tribes, we were not willing to impose, if you will look, the involvement of BIA and BIE in the reorganization effort on the tribes and since the tribes have not been particularly enthusiastic about the notion of their bureaus being part of the reorganization, we in fact have not included them. 45:20 Scott Cameron : Essentially, the reorganization has three parts, the unified region, a concept which has already initially deployed, if you will. There's a notion of saving money to invest in Indian schools and other departmental services by pursuing shared services and our back office administrative functions to get some efficiencies there. And the third prong is the notion of moving the headquarters elements of the BLM and the USGS West, to be closer to where the preponderance of those bureaus activities is taking place. 50:15 Rep. Raul Grijalva (AZ): I was thinking if there was an instruction manual on how to fundamentally weaken an agency. This is what I think I would recommend. Start by creating a crisis for key agencies. Move them as far away from Congress as possible to minimize contact with appropriators and authorizers. Undermine those relationships, separate them from the nonprofit community that helps them make informed decisions. Then make it clear to the workforce that they are not valued. Create a culture of fear to demand total loyalty. Transfer them to jobs in which they have no qualifications or interest. Send them to new parts of the country. Uproot their families and lives. Quietly close or cut programs throughout the agency. Take away their decision making authority and voice within the department and put it in the hands of political appointees. 51:40 Jamie Rappaport-Clark:It is incredibly destabilized. Focus is not on the task at hand. Employees are confused. Stakeholders are confused. Communication is not flowing and there's a culture of fear in the Interior department, clearly in the fish and wildlife service given the reckless nature of senior executive reassignments with no justification, with no information, with no conversation. Another round is expected to be coming. This is an agency I believe in crisis, which diverts its talent. It diverts its responsibilities. It diverts its attention to addressing species extinction, land management needs, climate change, all of the water management, all of the very important natural resource values that that department's trusted to oversee and take care of. 58:40 Rep. Rob Bishop (UT): Mr. Cameron, Let me also ask you, you talked about benefits of, in your written testimony of relocating and DOI from Washington D.C., can you just simply explain some of the longterm savings that a relocation would actually realize? Scott Cameron: Yes, Mr. Bishop, so there are a number of types of savings. For one thing, the rental cost in most cities in the West is a lot cheaper than in the main interior building or in Washington D.C. more generally. Travel costs, travel time. Most of the airplane trips are from the east coast to the west coast. If we had the geological survey headquarters and the BLM headquarters out west somewhere, there be a lot more one hour plane trips instead of four hour plane trips. Cost of living for our employees is a lot cheaper out west in most locations, than it would be here and there is a list of a dozen or so variables that we're looking at. 1:04:00 Rep. Paul Gosar (AZ): And what are the steps of accountability? Scott Cameron: We will be working on individual performance standards for the person who is charged with being an Interior Regional Director, each one of the regions. And there will be specific expectations in terms of what that person's scope is or is not on a region by region basis. And they would be reporting to the deputy secretary in Washington. So we will have an accountability, but we will be not cutting out the bureau directors and the assistant secretaries, but traditional chains of command will also apply. 1:06:40 Rep. T.J. Cox (CA): Can you provide any type of legal justification whatsoever withholding the plan? Scott Cameron: Sir, For once, I'm glad I'm not an attorney, so I won't dare to go outside of my area of expertise. So I cannot provide that. 1:07:00 Rep. T.J. Cox (CA): Any evidence at all that this reorganization strategy or plan is going to strengthen agency decision-making? Michael Bromwich: Well if there is, we haven't seen it. And it's up to the agency to provide it. I looked at the reorganization website that DOI sponsors, there's been nothing posted on it since November one. One of the key elements of a reorganization if it's going to succeed, is to continue to push information out to all of the stakeholders who are affected by it. Most particularly, the employees in the agencies that are going to be affected. And you can read through everything that's on the DOI reorganization website in less than half an hour. And as I say, it hasn't been updated in five months since November one. So you can't handle a reorganization that is a mystery shrouded in another mystery. You need to be open about it. You need to provide the details of what you're doing. You need to lay out the costs and benefits that will be accomplished through the reorganization. None of that has been done. Mr. Cameron has done a very good job of talking in generalities, but there are only generalities and without having the kind of analysis that undergirds a real and potentially successful reorganization, it's simply not going to work. If the reorganization that has been described by Mr. Cameron and has previously been described by Secretary Zinke were submitted to a board of directors of any major company in this country, it would be rejected flatly, for lack of detail. 1:21:40 Rep. Rob Bishop (UT): What does SES mean? Scott Cameron: Um, Senior Executive Service. Rep. Rob Bishop (UT): And did you not have one of the SES, a two day conference with those people on this plan? Scott Cameron: We did Sir, more than a year ago. We brought in all the regional.... Rep. Rob Bishop (UT): Did it have the recommendations? Scott Cameron: We spent two days chatting with them. They gave us lots of ideas and we modified our original conception of the plan based on their feedback. Rep. Rob Bishop (UT): So you have implemented those types of things? Scott Cameron: Yes Sir, we're in the process of implementing them. Rep. Rob Bishop (UT): And as you go and talk to interest groups, whatever they be, you have implemented those changes? The changes from the county lines to state lines. Was that pushed by the states? Scott Cameron: It was pushed by the Western Governors Association in particular. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)  

united states ceo american head president donald trump starting science washington spoilers mexico law americans new york times west travel colorado office arizona management failure washington dc focus western cost public oregon barack obama utah north congress white house budget indian fbi fish sun employees union alaska republicans policy atlantic wall street journal washington post democrats lamb nevada new mexico rolling stones democracy native americans robinson idaho programs impacts blm secretary waste constitution usa today dinosaurs vol clinton bloomberg committee hamburg defenders donations interior co2 considerations bureau lyon associates wildlife indians gulf ses reuters executive orders trump administration politico alvarez sir dozens pushes stakeholders kort natural resources brandt barkley oversight overhaul dam fossil american indian leasing bia doi lobbyists frequently asked questions national review government accountability office enforce mother jones mms great plains undermine land management press secretary fy cooperate enlarge deepwater horizon subcommittee carbon dioxide herndon wildlife service hwy dirty work scattering endangered species act daniel j grand junction david r iran contra nepa policy analysis geological survey marchese geological policy priorities bie paul b macondo uproot oliver north federal register science magazine brian k arctic national wildlife refuge interior department comprehensive plan reorganizing high country news saidi david t senior executive service steven c zinke ryan zinke congressional dish scott c sage grouse crestview gwb wildlife department ryan collins music alley stephen w kenneth j adam r david bernhardt westlaw budget request government executive josh dawsey kendra pierre louis ben lefebvre e e news william perry pendley lisa rein juliet eilperin heather richards cover art design david ippolito article trump minerals management service
Congressional Dish
Thanks For Retiring

Congressional Dish

Play Episode Listen Later Oct 9, 2019 71:58


A "thank you" bonus episode featuring information on a congressional resignation, a long list of future congressional quitters, dizzy spells, and a disappearing airline. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Articles/Documents Article: U.S. Government Plans to Collect DNA From Detained Immigrants by Caitlin Dickerson, The New York Times, October 2, 2019 Article: Facebook Leak Reveals Zuckerberg's Plans for Brain-Controlled AR & VR in Wake of Elon Musk's Neuralink Development by Adario Strange, AR Business, October 1, 2019 Article: Expected to plead guilty, GOP lawmaker resigns from U.S. House by Jamie Dupree, Cox Washington Bureau, AJC, September 30, 2019 Article: Republican Rep. Chris Collins resigns House seat ahead of guilty plea to insider-trading charges by Renae Merle and Mike DeBonis, The Washington Post, September 30, 2019 Article: The 2020 Congressional-Retirement Tracker by Russell Berman, The Atlantic, September 30, 2019 Article: Another GOP lawmaker decides against 2020 re-election by Jamie Dupree, Cox Washington Bureau, AJC, September 30, 2019 Article: Trump's takeover of GOP forces many House Republicans to head for the exits by Rachael Bade, The Washington Post, September 22, 2019 Article: Walmart’s New Intelligent Retail Lab Shows a Glimpse into the Future of Retail, IRL by Matt Smith, Walmart Newsroom, April 25, 2019 Article: Amazon is hiring a former FDA official to work on its secretive health tech business by Christina Farr, CNBC, March 16, 2018 Additional Reading Document: Shokin Statement Company Vision & FAQs: Haven Healthcare YouTube Video: Alibaba's "New Retail" Explained March 30, 2018 YouTube Video: Google's The Selfish Ledger (leaked internal video) May 17, 2018 Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)  

Congressional Dish
CD202: Impeachment?

Congressional Dish

Play Episode Listen Later Oct 6, 2019 72:35


Donald Trump. Ukraine. Joe Biden. A phone call. Election Interference. Impeachment! What the hell is going on? In this episode, an irritated Jen gives you the backstory that you need to know about the impeachment drama, including what the steps to impeachment are. Prepare yourself: Everyone devoted to the Republican or Democratic parties will be pissed off by this episode. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD167: Combating Russia NDAA CD102: The World Trade Organization: COOL? CD067: What do We Want in Ukraine CD068: Ukraine Aid Bill CD190: A Coup for Capitalism CD176: Target Venezuela Regime Change in Progress Articles/Documents Article: Pelosi, Trump may reach trade deal despite impeachment by Niv Elis, The Hill, October 3, 2019 Article: This 2016 letter proves that GOP attacks on Biden over Ukraine are nonsense by Alex Ward, Vox, October 3, 2019 Article: Civilian Deaths in U.S. Wars Are Skyrocketing Under Trump. It May Not Be Impeachable, but It’s a Crime. by Murtaza Hussain, The Intercept, October 2, 2019 Article: Hunter Biden, the black sheep who might accidentally bring down Trump, explained by Matthew Yglesias, Vox, October 1, 2019 Article: Shoot Migrants’ Legs, Build Alligator Moat: Behind Trump’s Ideas for Border by Michael D. Shear and Julie Hirschfeld Davis, The New York Times, October 1, 2019 Article: Impeachment inquiry erupts into battle between executive, legislative branches By Karen DeYoung, Josh Dawsey, Karoun Demirjian and John Hudson, The Washington Post, October 1, 2019 Article: McConnell says if House impeaches Trump, Senate rules would force him to start a trial by Seung Min Kim, The Washington Post, September 30, 2019 Article: Trump claim on stalled aid for Ukraine draws new scrutiny by Robert Burns, Lolita Baldor, and Andrew Taylor, The Associated Press, MilitaryTimes, September 30, 2019 Article: Hunter Biden: The Most Comprehensive Timeline by Jim Geraghty, National Review, September 30, 2019 Article: The gas tycoon and the vice president’s son: The story of Hunter Biden’s foray into Ukraine by Paul Sonne, Michael Kranish and Matt Viser, The Washington Post, September 28, 2019 Article: The gas tycoon and the vice president’s son: The story of Hunter Biden’s foray into Ukraine by Paul Sonne, Michael Kranish and Matt Viser, The Washington Post, September 28, 2019 Article: Piety and Power by Tom LoBianco, The New York Times, September 27, 2019 Article: White House Knew of Whistle-Blower’s Allegations Soon After Trump’s Call With Ukraine Leader by Julian E. Barnes, Michael S. Schmidt, Adam Goldman and Katie Benner, The New York Times, September 26, 2019 Article: Democrats, Please Don’t Mess This Up. Impeach Trump for All His Crimes, Not Just for Ukraine. by Mehdi Hasan, The Intercept, September 26, 2019 Document: S. 2583 [Report No. 116-126], September 26, 2019, Pg 144 Article: Here’s what you need to know about the US aid package to Ukraine that Trump delayed by Joe Gould and Howard Altman, Defense News, September 25, 2019 Article: Read the record of Trump’s controversial call to Ukraine’s president Zelensky by Ephrat Livni, Quartz, September 25, 2019 Article: How the Impeachment Process Works by Charlie Savage, The New York Times, September 24, 2019 Article: Trump ordered hold on military aid days before calling Ukrainian president, officials say By Karoun Demirjian, Josh Dawsey, Ellen Nakashima and Carol D. Leonnig, The Washington Post, September 23, 2019 Article: Ukraine military aid extension passes US House after White House delay by Joe Gould, Defense News, September 19, 2019 Article: US State Department clears Ukraine security assistance funding. Is the Pentagon next? by Aaron Mehta, Defense News, September 12, 2019 Document: S. 2474: Defense Appropriations Act, September 12, 2019, Pg 305 Document: DEPARTMENT OF DEFENSE APPROPRIATIONS BILL, 2020, September 12, 2019, Pg 148 Letter: For Chairman Burr and Chairman Schiff August 12, 2019 Article: Will Hunter Biden Jeopardize His Father’s Campaign? by Adam Entous, The New Yorker, July 1, 2019 Article: What Powers Does a Formal Impeachment Inquiry Give the House? by Molly E. Reynolds, Margaret Taylor, Lawfare, May 21, 2019 Article: U.S. ambassador to Ukraine is recalled after becoming a political target by Josh Rogin, The Washington Post, May 7, 2019 Article: Timeline in Ukraine Probe Casts Doubt on Giuliani’s Biden Claim by Stephanie Baker and Daryna Krasnolutska, Bloomberg, May 7, 2019 Article: How does impeachment work? Here is the step-by-step process by Debbie Lord, Cox Media Group National Content Desk, AJC, April 22, 2019 Article: Trump’s feud with Jerry Nadler rooted in decades-old New York real estate project by Rachael Bade and Josh Dawsey, The Washington Post, April 8, 2019 Article: Joe Biden's 2020 Ukrainian nightmare: A closed probe is revived by John Solomon, The Hill, April 1, 2019 Article: Senior Ukrainian official says he's opened probe into US election interference The Hill, March 20, 2019 Article: Top Ukrainian justice official says US ambassador gave him a do not prosecute list The Hill, March 20, 2019 Document: 2019 Funding Report, February 13, 2019 Article: The Danger of President Pence by Jane Mayer, The New Yorker, October 16, 2017 Article: Joe Biden, His Son and the Case Against a Ukrainian Oligarch by James Risen, The New York Times, December 8, 2015 Additional Resources Document: H.R. Full Committee Print, Department of State Appropriations Document: DEPARTMENT OF DEFENSE APPROPRIATIONS BILL, 2020, Pg 100 Prepared Remarks: Prepared Remarks by Senator John McCain on America’s Role in Europe’s East, Atlantic Council, December 19, 2013 Sound Clip Sources Interview with Mitch McConnell:, CNBC, September 30, 2019 Speakers: Senate Majority Leader Mitch McConnell Transcript: Sen. Mitch McConnell (KY): Yeah, it's a, it's a Senate rule related to impeachment that would take 67 votes to change. So I would have no choice but to take it up. How long you're on it is a whole different matter, but I would have no choice but to take it up. President Trump Meeting with Ukrainian President, C-SPAN, 74th U.N. General Assembly at United Nations headquarters in New York City, September 25, 2019 Speakers: Donald J. Trump President Zelensky Transcript: 1:45 Volodymyr Zelensky: It’s a great pleasure to me to be here, and it’s better to be on TV than by phone. 3:30 Volodymyr Zelensky: My priority to stop the war on Donbass and to get back our territories, –- thank you for your support in this case, thank you very much. 6:40 Volodymyr Zelensky: And to know when, I want world to know that now we have the new team, the new parliament, the new government. So now we – about 74 laws, new laws, which help for our new reforms, land reform, -- law about concessions, that we – general – and we launched the – secretary, and anti-corruption court. As we came, we launched the anti-corruption court, it began to work on the 5th of September. It was, you know, it was, after five days we had the new – So we are ready, we want to show that we just come, and if somebody, if you, you want to help us, so just let’s do business cases. We have many investment cases, we’re ready. 12:00 Reporter: Do you believe that the emaiIs from Hillary Clinton, do you believe that they are in Ukraine? Do you think this whole -- President Trump: I think they could be. You mean the 30,000 that she deleted? Reporter: Yes. President Trump: Yeah, I think they could very well, boy that was a nice question. I like, that's why, because frankly, I think that one of the great crimes committed is Hillary Clinton deleted 33,000 emails after Congress sends her a subpoena. Think of that. You can't even do that in a civil case. You can't get rid of evidence like that. She deleted 33,000 emails after, not before, after receiving the subpoena from the U.S. Congress. 16:00 Translator for Volodymyr Zelensky: During the investigation, actually, I want to underscore that Ukraine is an independent country. We have a new –- in Ukraine, a hired, professional man with a western education and history, to investigate any case he considers and deems -- Speaker Pelosi Announcement of Impeachment Inquiry, C-SPAN, September 24, 2019 Speakers: Nancy Pelosi 0:40 Speaker Nancy Pelosi (CA): Shortly thereafter, press reports began to break of a phone call by the President of the United States calling upon a foreign power to intervene in his election. 4:30 Speaker Nancy Pelosi (CA): And this week, the President has admitted to asking the President of Ukraine to take actions which would benefit him politically. The action of the Trump, the actions of the Trump presidency revealed dishonorable fact of the President's betrayal of his oath of office, betrayal of our national security, and betrayal of the integrity of our elections. Therefore, today, I'm announcing the House of Representatives moving forward with an official impeachment inquiry. I'm directing our six committees to proceed with their investigations under that umbrella of impeachment inquiry. The president must be held accountable. No one is above the law. House Judiciary Committee Chairman Jerry Nadler (D-NY) talks with CNN's Erin Burnett, CNN, August 8, 2019 Speakers: Chairman Jerry Nadler (D-NY) Transcript: Rep. Jerrold Nadler (NY): This is formal impeachment proceedings. We are investigating all the evidence, we are gathering the evidence, and we will at the conclusion of this, hopefully by the end of the year, vote to, vote articles of impeachment to the House floor, or we won't. That's a decision that we'll have to make, but that, but that's exactly the process we're in right now. Council of Foreign Relations: Foreign Affairs Issue Launch with Former Vice President Joe Biden, Tuesday, January 23, 2018 Speakers: Joseph R. Biden, Jr. Michael R. Carpenter Presider, Richard N. Haass Transcript: 6:00* Joe Biden: I think there's a basic decision that they cannot compete against a unified West. And I think that is Putin's judgment. And so everything he can do to dismantle the post world war two liberal world order, including NATO and the EU, I think is viewed as they're in their immediate self-interest. 52:00 Joe Biden: I’ll give you one concrete example. I was—not I, it just happened to be that was the assignment I got. I got all the good ones. And so I got Ukraine. And I remember going over, convincing our team and our leaders, that we should be providing for loan guarantees. And I went over, I guess, the 12th, 13th time to Kiev. I was supposed to announce that there was another billion-dollar loan guarantee. And I had gotten a commitment from Poroshenko and from Yatsenyuk that they would take action against the state prosecutor, and they didn’t. So they said they were walking out to a press conference. I said, nah, I’m not going to—or, we’re not going to give you the billion dollars. They said, you have no authority. You’re not the president. The president said—I said, call him. (Laughter.) I said, I’m telling you, you’re not getting the billion dollars. I said, you’re not getting the billion. I’m going to be leaving here in, I think it was about six hours. I looked at them and said: I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money. Well, son of a bitch. (Laughter) He got fired. And they put in place someone who was solid at the time. 54:00 Joe Biden: But always worked in Kiev because, as I said, look, it's simple proposition. If in fact you do not continue to show progress in terms of corruption, we are not going to be able to hold the rest of Europe on these sanctions and Russia is not going to roll across the inner line here and take over the rest of the country with their tanks. What they're going to do is they're going to take your economy down. You're going to be absolutely buried and you're going to be done, and that's when it all goes to hell. 56:00 Joe Biden: It's a very difficult spot to be in now, when foreign leaders call me, and they do, because I never, ever, ever would say anything negative to a foreign leader, and I mean this sincerely, about a sitting president, no matter how fundamentally I disagree with them. And it is not my role, not my role to make foreign policy. But the questions across the board range from, what the hell is going on, Joe, to what advice do you have for me? And my advice always is to, I give them names of individuals in the administration who I think to be knowledgeable and, and, and, and, and committed, and I say, you should talk to so and so. You should, and what I do, and every one of those times, I first call the vice president and tell him I received the call, tell him, and ask him whether he has any objection to my returning the call. And then what is the administration's position, if any, they want me to communicate to that country. Interview, ABC News, March 30, 2015 Speakers: Mike Pence George Stephanopoulos 8:00 George Stephanopoulos: One fix that people have talked about is simply adding sexual orientation as a protected class under the state civil rights laws. Will you push for that? Mike Pence: I will not push for that. That's not on my agenda. And that's not been an objective of the people of the state of Indiana. Transcript of leaked Nuland-Pyatt call, BBC News, February 7, 2014 Speakers: Victoria Nuland Geoffrey Pyatt Watch on YouTube Victoria Nuland: Good. So, I don’t think Klitsch should go into the government. I don’t think it’s necessary, I don’t think it’s a good idea. Geoffrey Pyatt: Yeah, I mean, I guess. In terms of him not going into the government, just let him sort of stay out and do his political homework and stuff. I’m just thinking in terms of sort of the process moving ahead, we want to keep the moderate Democrats together. The problem is going to be Tyahnybok and his guys, and I’m sure that’s part of what Yanukovych is calculating on all of this. I kind of— Victoria Nuland: I think Yats is the guy who’s got the economic experience, the governing experience. What he needs is Klitsch and Tyahnybok on the outside. He needs to be talking to them four times a week, you know? I just think Klitsch going in—he’s going to be at that level working for Yatsenyuk; it’s just not going to work. Victoria Nuland: So, on that piece, Geoff, when I wrote the note, Sullivan’s come back to me VFR, saying, you need Biden, and I said, probably tomorrow for an “atta-boy” and to get the deets to stick. Geoffrey Pyatt: Okay. Victoria Nuland: So, Biden’s willing. Geoffrey Pyatt: Okay, great. Thanks. Senator John McCain on Ukraine, C-SPAN, Atlantic Council of the U.S., December 13, 2013 Speakers: John S. McCain III Watch on YouTube Transcript: 16:45 Sen. John McCain: Finally, we must encourage the European Union and the IMF to keep their doors open to Ukraine. Ultimately, the support of both institutions is indispensible for Ukraine's future. And eventually, a Ukrainian President, either this one or a future one, will be prepared to accept the fundamental choice facing the country, which is this: While there are real short-term costs to the political and economic reforms required for IMF assistance and EU integration, and while President Putin will likely add to these costs by retaliating against Ukraine's economy, the long-term benefits for Ukraine in taking these tough steps are far greater and almost limitless. This decision cannot be borne by one person alone in Ukraine. Nor should it be. It must be shared—both the risks and the rewards—by all Ukrainians, especially the opposition and business elite. It must also be shared by the EU, the IMF and the United States. All of us in the West should be prepared to help Ukraine, financially and otherwise, to overcome the short-term pain that reforms will require and Russia may inflict. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)  

Congressional Dish
CD199: Surprise Medical Bills

Congressional Dish

Play Episode Listen Later Jun 30, 2019 158:21


Almost 40% of Americans WITH health insurance reported they had received a surprise medical bill in the past year from a doctor or hospital for a service they thought was covered by their insurance plan. Why is this happening? And what can we do about it?  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Additional Reading Article: Went to the ER? You may be hit with a surprise medical bill by Tami Luhby, CNN, June 20, 2019. Press Release: House Supports Porter Amendment to Improve Affordable Care Act Enrollment by Representative Katie Porter, Porter House News, June 13, 2019. Article: Alexander-Murrary Bill, by Tammy Luhby, CNN, May 23, 2019. Bill: Bill S. 1531 Stopping The Outrageous Practice of Surprise Medical Bills Act of 2019 by Senator Bill Cassidy, Govtrack.us, May 16, 2019. Press Release: Trauma Coalition Press Release, by Trauma Association of America, May 16, 2019. Article: Trump calls for an end to surprise medical bills by Tami Luhby, CNN, May 9, 2019. Article: UnitedHealth's David Wichmann buys record $4.6 million worth of UNH stock by Alex Wittenberg, Biz Journals, May 7, 2019. Article: After Vox reporting, California moves forward on plan to end surprise ER bills by Sarah Kliff, Vox, April 24, 2019. Article: How to fight an outrageous medical bill, explained by Sarah Kliff, Vox, April 1, 2019 Bill: Bill S. 1266 Protecting Patients from Surprise Medical Bills Act 116th Congress, March 1, 2019. Bill: Bill H.R. 861 End Surprise Billing Act of 2019  116th Congress, January 30, 2019. Article: A $20,243 bike crash: Zuckerberg hospital’s aggressive tactics leave patients with big bills by Sarah Kliff, Vox, January 24, 2019.  Article: After Vox story, Zuckerberg hospital rolls back  by Sarah Kliff, Vox, January 24, 2019. Document: NBER Working Paper No. 23623 Surprise! Out-of-Network Billing for Emergency Care in the United States by Zach Cooper, Fiona Scott Morton and Nathan Shekita, NBER, January 2019 Article: LifePoint merges with RCCH, goes private by Ayla Ellison, Becker Hospital Review, November 16, 2018. Article: “It’s unacceptable”: Sen. Maggie Hassan explains her plan to end surprise ER bills by Sarah Kliff, Vox, October 29, 2018. Article: Gov. Rick Scott took responsibility? No, he took $300 million | Randy Schultz by Randy Schultz, Sun Sentinel News, October 2, 2018. Article: UnitedHealthcare issues warning to hospitals about out-of-network coverage for ER physicians by Susan Morse, Healthcare Finance News, September 25, 2018. Article: Three Ways Self-Insured Plans Can Leverage State Laws to Protect their Members from Balance Billing  by Matthew Albright, The Self-Insurer, September 2018. Article: The Last Company You Would Expect Is Reinventing Health Benefits  by Reed Abelson, NY Times, August 31, 2018. Article: As Health and Financial Challenges Grow, More Older Adults File for Bankruptcy by Lindsey Copeland, Medicare Rights Center, August 9, 2018. Article: A baby was treated with a nap and a bottle of formula. His parents received an $18,000 bill by Jenny Gold, Kaiser Health News and Sarah Kliff, Vox, July 20, 2018. Article: Air Ambulances Are Flying More Patients Than Ever, and Leaving Massive Bills Behind  by  John Tozzi, Bloomberg News, June, 11 2018. Case Docket: Case Proceeding Air Medical Group, KKR North America, and AMR Holdco, In the Matter of Federal Trade Commission, May 3, 2018. Article: Are Physician Staffing Companies Killing the Patient Experience and Bottom Line? by Berta Bustamante, InsideArm, April 10, 2018. Press Release: Ambulance Companies Air Medical Group Holdings, Inc. and AMR Holdco, Inc. Agree to Divest Air Ambulance Services in Hawaii as a Condition of Merger  Federal Trade Commission, March 7, 2018. Document: Letter to Christopher Holden-President and Executive Officer for Envision Healthcare US Senate, September 20, 2017 Bill: California Assembly Bill 72 by Ann Whitehead,JD,RN.,CAP Physicians, August 30, 2017. Report: AIR AMBULANCE Data Collection and Transparency Needed to Enhance DOT Oversight  Government Accountability Office, July 2017. Article: The Company Behind Many Surprise Emergency Room Bills by Julie Creswell,Reed Abelson and Margot Sangor-Katz, NY Times, July 24, 2017. Article: AB 72: No More Balance Billing for Out-of-Network Care In-Network by Staff, Word&Brown, July 14, 2017. Report: Health Policy Report Up in the Air: Inadequate Regulation for Emergency Air Ambulance Transportation Consumer Reports, March 2017. Article: One In Five Inpatient Emergency Department Cases May Lead To Surprise Bills by Christopher Garmon and Benjamin Chartock, Health Affairs, January 2017. Article: Trauma fees growing across the nation at 'absurd' rate by Alexander Zayas and Kris Hunley, Tampa Bay Times, November 21, 2014. Article: 10 Things to Know About HCA Becker's Hospital Review, April 16, 2014. Article: HCA to Eliminate Trauma Fees for Uninsured Patients Becker's Hospital Review, April 10, 2014.   Resources Profile Link: Connie Potter Profile, RN, BSN, MBA-HCA Link  Linkedin. Profile Link: Sherif Zaafran Profile, MD, FASA  Linkedin. Contact Us: Physicans for Fair Coverage  End of the Insurance Gap.org About Us: Independence Company (IBX)  IBX.com Document: License Agreement: Use of Current Procedural Terminology, Fourth Edition ("CPT®")  Centers for Medicare and Medicaid Services 2013-2018 Contributor List: Sen. Rick Scott Election Contributor List   Opensecrets.org Campaign Money Data Table: David Wichmann Political Campaign Contributions 2016 Election Cycle  Campaign Money.com Online Review Score: Regence Health Plan Company Profile Review  BestCompany.com False Claims Act: Nation’s Largest Healthcare Fraud Settlement Doesn’t Stop Medical Behemoth, WhistleBlowerJustice.net Visual Resources   Sound Clip Sources Hearing: NO MORE SURPRISES: PROTECTING PATIENTS FROM SURPRISE MEDICAL BILLS, Not on C-Span, Committee on Energy and Commerce, June 12, 2019. Watch on Youtube Witnesses: Sonji Wilkes: Patient Advocate Sherif Zaafran, MD: Chair of Physicians for Fair Coverage Rick Sherlock: President and CEO of Association of Air Medical Services James Gelfand: Senior Vice President of Health Policy at The ERISA Industry Committee Thomas Nickels: Executive Vice President of the American Hospital Association Jeanette Thornton: Senior Vice President of Product, Employer, and Commercial Policy at Americas’ Health Insurance Plans Claire McAndrew: Director of Campaigns and Partnerships at Families USA Vidor E. Friedman, MD: President of American College of Emergency Physicians Transcript 47:54 CEO Rick Sherlock: Emergency air medical services are highly effective medical interventions appropriate in cases where getting a patient directly to the closest most appropriate medical facility can make a significant difference in their survival in recovery. Today, because of air medical services, 90% of Americans can reach a level one or level two trauma center within an hour. However, since 2010, 90 hospitals have closed in rural areas and an estimated 20% more are at risk of closing. Our members fill the gap created by closures, but this lifeline is fraying as 31 air medical bases have also closed in 2019. 48:31 CEO Rick Sherlock: Emergency or medical providers never make the decision on who to transport. That decision is always made by a requesting physician or medically trained first responder. Air medical crews then respond within minutes, 24 hours a day, seven days a week without any knowledge of a patient’s ability to pay for their services. 48:45 CEO Rick Sherlock: Our members are unique in the healthcare system. The services heavily regulated by the states for the purposes of healthcare, as ambulances and the federal government for aviation safety and services as air carriers. It is their status as air carriers that allow rapid transport of patients over significant distances. Over 33% of our flights cross state lines every day. For that reason, the Airline Deregulation act uniform authority over the national airspace is essential to the provision of this lifesaving service. Exempting air medical services from the ADA would allow states to regulate aviation services, including where and when they’re able to fly, limiting access to healthcare for patients in crisis. 49:54 CEO Rick Sherlock: To prevent balance billing, our members are actively negotiating with insurance companies to secure in-network agreements. One member alone has increased their participation from 5% to almost 43% in the last three years. Despite that, some insurers have refused to discuss in-network agreements. That hurts both patients and caregivers. 50:30 CEO Rick Sherlock: Uh, covering air medical services in full, represents about a $1.70 of the average monthly premium. 51:50 CEO Rick Sherlock: $10,199 was the median cost of providing a helicopter transport. While Medicare paid $5,998, Medicaid paid $3,463 and the uninsured paid $354. This results in an ongoing imbalance between actual costs and government reimbursement and is the single biggest factor in increasing costs. 53:45 Senior VP James Gelfand: We’re focused on three scenarios in which patients end up with big bills they couldn’t see coming or avoid. Number one, a patient receives care at an in-network facility, but is treated by an out of network provider. Number two, a patient requires emergency care, but the provider’s facility or transportation are out of network. And number three, a patient is transferred or handed off without sufficient information or alternatives. It’s usually not the providers you’re planning to see. It’s anesthesiologists, radiologists, pathologists, or emergency providers or transport or an unexpected trip to the NICU. Many work for outsourced medical staffing firms that have adopted a scam strategy of staying out of networks, practicing at in-network facilities and surprise billing patients. It’s deeply concerning, but the problem is narrowly defined and therefore we can fix it. 54:40 Senior VP James Gelfand: The No Surprises Act nails it. It takes patients out of the middle and creates a market based benchmark rate to pay providers fairly. The benchmark is not developed by government and it is not price setting. The committee might also consider network matching. It’s simple. If a provider practices at an in-network facility, they take the in-network rate or they go work somewhere else. Or base the benchmark on Medicare, you could set the rate higher, say 125% of Medicare and still make the system more affordable, sustainable and simpler. These approaches will eliminate the surprise bills. That’s a huge win for patients. 54:50 ** Senior VP James Gelfand: But not everyone wants to stop the surprise bills. Some provider specialties are saying, “let us keep doing what we’re doing, just use binding arbitration to make someone else pay these bills”. They’re asking for a non- transparent process that could force plans and employers to pay massive and fake medical list prices. It’s essentially setting money on fire. Funds that would have been used to pay for healthcare will instead be spent on administrative costs such as lawyers, arbitrators, facility fees, and on reasonable settlement amounts. Make no mistake, patients will pay these costs. 55:20 Senior VP James Gelfand: The ground and air ambulance companies are asking Congress to let them keep surprise billing too. Do nothing, wait for another study, another report, and there have already been four. They know patients cannot shop for them and many participate in no networks. State insurance commissioners are begging for help with air ambulances, but Congress has tied their hands. Employers think Congress should end this. Treat medical transport the same as emergency care. We should end surprise billing in the ER and on the way there. 56:30 Senior VP James Gelfand: Other providers figure they’re willing to stop surprise billing, but only if they can increase in-network rates. They’re calling for network adequacy rules to force insurers and employers to add more providers to their networks, even if those providers demand astronomical payments. Does anyone here actually believe that these hospital based doctors who services cannot be shopped for, who are guaranteed to see our patients, are begging to be included in our networks, but nobody will return their calls? That they have no choice but to go and join these out of network Wall Street owned firms? It doesn’t make sense. 57:00 Senior VP James Gelfand: Employers design health benefits to help our beneficiaries. We don’t sell insurance. We want networks that meet our patients’ needs. Why would we want to cover an operation, but leave out the anesthesia? We want our employees to be able to afford their health insurance too, and that means we must be able to say no when providers are gaming the system. 1:08:10 Dr. Vidor Friedman: Unlike most physicians, emergency physicians are prohibited by federal law from discussing with a patient any potential costs of care or insurance details until they are screened and stabilized. This important patient protection known as Emtala, ensures physicians focus on the immediate medical needs of patients. However, it also means that patients cannot fully understand the potential cost of their care or the limitations of their insurance coverage until they receive the bill. 1:10:40 Dr. Vidor Friedman: The goal should be a system in which everyone is in-network, or essentially that. That requires a level playing field between providers and insurers. Insurers are concerned that benchmarking the even median charges, favors providers. Providers are concerned that benchmarking the median in-network rates, favors insurer’s. What’s Congress to do? ACEP supports a system that has already proven to be balanced between insurers and providers. That is a baseball style independent dispute resolution process similar to that used in New York and noted in the legislative proposal put forth by Doctors, Ruiz Rowe and Busan. 2:02:30 Rep. Brett Guthrie: If there does become a federal arbitration system, what do you think congressional oversight should be? And I don’t know if that should be something that I’m supposed to talk about or…Sonji Wilkes: Well, I’ve been sitting here listening, thinking I pay my insurance premiums, I do my part and I expect the bill to be paid. I mean, there’s only so much I can do to control that and I don’t really care how the reimbursement works. And quite frankly, I think the insurance industry is doing probably better in their bottom line than my bottom line. Um, I want to go to the best provider possible and I want the best care possible. I don’t really care how the payment works. 2:34:50 Dr. Sherif Zaafran: Well, I can tell you that from the physician’s standpoint, for emergency room physicians for example; the average weighted cost of every visit is about $155. 3:49:00 CEO Rick Sherlock: The median cost of a helicopter air transport is $10,199 according to a study conducted in 2017. If you look at the cost of uncompensated care, because Medicare pays less than $.60 on the dollar of that 10,199. About $5,998, Medicaid pays significantly less than that. Less than $3,500 on average, and the uninsured pay about $350. Those make up…those three groups make up 70% of air medical transports. So when you take that cost of uncompensated care and you add it to the median cost of $10,200, that’s the average charge of $36,000 that the representative from New Mexico referenced earlier. When you…when those kinds of situations happen, no one in our industry wants to see a patient or their family placed in jeopardy because they’ve just had a health emergency. Our members will sit down with each individual and their families and work out a solution tailored for them. 3:54:30 Dr. Sherif Zaafran: Again, there is no such thing as an out of network provider. There is a provider who may happen to be out of network with that specific product. So the only one who knows what the product is, is of course the patient and the insurance carrier and they’re the only ones who really have the information as to whether they’re in-network or out of network. Hearing: The Need to Reauthorize the September 11th Victim Compensation Fund, June 11, 2019 Hearing: Hearing on September 11 Victims Compensation Fund, June 11, 2019 Hearing: Watch on CSPAN-Surprise Medical Bills House Ways and Means Subcommittee on Health-May 21, 2019 Committee website Watch on YouTube Witnesses: Rep. Katie Porter (CA) James Patrick Gelfand: Senior Vice President, Health Policy, ERISA Industry Committee Dr. Bobby Mukkamala: Board of Trustees, American Medical Association Tom Nickels: Executive Vice President, Government Relations and Public Policy, American Hospital Association Jeannette Thornton: Senior Vice President for Product, Employer, and Commercial Policy at America’s Health Insurance Plans (AHIP) Transcript *7:15 Chairman Lloyd Doggett (TX): Fortunately, there now appears to be a growing consensus. Most recently joined by president Trump that holding the patient harmless should form the foundation for any surprise billing proposal. Under the legislation that I advanced, patients would only be charged in network cost sharing rates in emergency situations and non-emergency situations out of network charges would be permitted only when the patient has agreed in advance after receiving effective notice regarding any providers and services together with estimated charges. No other bill addressing this issue has yet been filed here in the house, but there is a very useful discussion draft proposal that is being circulated on a bipartisan basis by the House Energy and Commerce Committee and there’s several proposals that have service in the Senate. While every proposal currently begins with the basic premise of the enterprise billing act, conflict remains over how to resolve insurer provider disputes. *13:40 Rep. Katie Porter (CA): I’m concerned about surprise billing, as someone who’s dedicated my life to protecting consumers, but also because I have had to fight my own battle with surprise billing. On August 3rd last year when I was on the campaign trail, I started to feel pain in my abdomen. At 1:00 PM I could not continue and I went home. At 4:31, I texted my campaign manager that I needed to go to the emergency room. I couldn’t safely drive through the pain and I remember sitting on my front porch, so if I lost consciousness, somebody might find me and I wouldn’t be home alone. I didn’t call an ambulance because I was concerned about the cost. I could not drive and I asked my manager to please take me to Hoag hospital. I chose that hospital even though it was farther away from other providers, because I knew Hoag was an in-network facility. When I got to the hospital, I waited six hours alone in the emergency exam room without treatment. When I finally went to surgery, my doctor told me it was nothing to worry about, just a routine appendectomy. I was given anesthesia and when I awoke, the team around me was panicking. They couldn’t get my temperature to drop and they couldn’t get my blood pressure to rise. My appendix had ruptured hours before causing an infection that was making my whole body very sick. I spent the next five days in the hospital receiving powerful IV antibiotics. A few weeks later, I received the bill from my insurance company. The idea of an astronomical hospital bill had weighed heavily on me and I was happy to see that the cost of my emergency room treatment and assessment and hospital charges, and nearly all of my inpatient services, were covered. I remember sitting at my kitchen table and taking a deep breath filled with relief, but a few days later I received another bill. This one from my surgeon. While the hospital I had gone to was in-network, the insurance company now claimed the surgeon was not, even though they had sent me a notification telling me that my surgeon was in-network . Enclosed in that bill for nearly $3,000, was a handout from my surgeon detailing the steps I would have to take while recovering in order to fight to have my insurance company cover the care. So many of his patients had been put in this situation, that this medical doctor had used his staff to address patient billing problems. That’s not what he trained for in medical school. Your so-called explanation of benefits and the surgeon’s handout explained that he was being treated as an out of network provider even though he was employed by and worked at an in-network hospital. As someone in an emergency situation, I had no ability to assess whether he was in or out of network, and in those cases insurers are supposed to cover the costs, but I got that bill because my insurer put profits before patients. I called insurance company to request an appeal. The benefits manager kept asking me questions to guide me and coach me towards saying that it was my surgeon’s fault to blame him for overcharging me. She asked me to call the surgeon and attack my doctor for his bill. Apparently, to Anthem Blue Cross, $3,000 was too high a price for saving my life. The tens of thousands in premiums I’d paid to that company over the years were not enough to have them, cause them to cover the lifesaving care. Nearly five months after I was hospitalized, the surgeon simply requested payment, and at that point I reached out to my employer of the University of California Irvine. That’s when I learned that U.C. Irvine has a designated patient advocate, a medical doctor, whose sole job is to help university employees get the health insurance that the university and the employees pay for. Can we just reflect on that for a moment? The university is paying a medical doctor to do nothing but navigate insurance. Finally, the patient advocate, invoking the fact that I had just been just elected to Congress, was able to get the insurance company to agree to pay my surgeon’s bill. But here’s what I learned from getting sick. I am well educated. I had an employer prepared to help me. I have professional experience fighting for consumer rights, but there are thousands of Americans with fewer resources than me who are surprised with bills far more devastating than mine. I’m here today because they refuse to accept this as the status quo. I refuse to stand idly by while families go bankrupt because of surprise medical bills. Any solution to this issue must rely, must not rely, excuse me, on the patient’s ability to go to war with the insurer or with their provider. That is not the solution. It’s time we start putting patients first. 31:00 Jeanette Thornton: We ask that federal legislation focus on four things. First, balanced billing should be banned in situations where inpatients are involuntarily treated by an out of network provider. This includes emergency health services at any hospital, any health healthcare services or treatment performed at an in-network facility by an out of network provider, not selected by the patient and ambulance transportation in an emergency. Second, health insurance providers should be required to reimburse out of network providers inappropriate and reasonable amount in those above scenarios. Third, state should be required to establish an independent dispute resolution process that works in tandem with the established benchmark. Fourth hospitals or other healthcare providers should be required to provide advanced notice to patients of the network status of the treating providers. We appreciate the health sub-committee chairman Lloyd Doggett has introduced legislation to end surprise billing act or HR 861, which would establish a role for hospitals in providing such notices, along with banning balanced billing. AHIP supports this bill. 46:00 Chairman Lloyd Doggett (TX): What I’m referring to is the difference… Dr. Bobby Mukkamala: Right. Chairman Lloyd Doggett (TX): …in charges and why one one price for those who are in network and another for those that are out. Dr. Bobby Mukkamala: Right. So there is a benefit for me to be in network with Blue Cross Blue Shield of Michigan for example. I get something from that. They sit with me, they show me their data. We had…we worked together on incentive programs to sort of curb costs. If there’s an insurance company that’s in town that does none of that activity to improve the care of the population in my town, but yet wants to benefit from the same rate of compensation to me, they’re doing nothing to earn that discount. Blue Cross sits across from me on a weekly or monthly basis to improve the care of my population. But Golden Rule insurance, that’s new in town for example, doesn’t do any of that work and yet wants to benefit from having the same provider rates. No, I mean, I take a discounted rate from Blue Cross because of all this other robust activity. But if you’re not offering me anything to participate in your network, then naturally, you should be expected to pay more for my services. Right? I get something from Blue Cross. I get nothing from Golden Rule. 53:05 Dr. Bobby Mukkamala: Medicare is usually sort of the foundation upon which all the other insurance companies tend to set their rates. So when I participate in network, like with Blue Cross Blue Shield of Michigan, it’s usually about 110/ 115% of Medicare rates. So that’s one step higher. If I don’t participate with Blue Cross Blue Shield of Michigan, then that rate is so I can get the assigned rate from them and then I have a choice about what to do with the balance. And usually in my practice, I write that off. I don’t balance bill the patient. Uh, but Blue Cross Blue Shield sort of sets their rate and that’s it. My point is that, if-in Blue Cross Blue Shield, I have a great relationship with, we do a lot of constructive work together. But if a new insurance company comes into town and puts up billboards and markets their product and says, here, come, come buy our policy, and then they get 15,000 patients to sign up, but has never come to my door to say, you know, when they have an ear, nose and throat problem, we’d like you to be in-network and provide their care. Why should they get the benefit of the in-network price that Blue Cross Blue Shield gets? So, my point, is that that out of network price for this new insurance company that wants me to take care of their patient, but never came to sit down with me to sign a contract, ought to be something that I negotiate with them, not something that’s dictated to me. 55:50 Rep. Mike Thompson (CA): A staff person of mine went to the emergency room. He has insurance. His insurance covered nearly everything, including a cat scan. But a few weeks later, he got two separate bills from physicians he never saw and didn’t ask to see. They reviewed some of his test results and the bill for those two physicians was larger than the bill for his total ER visit. 56:15 Rep. Mike Thompson (CA): It’s also alarming that, uh, according to one study, 20% of hospital visits, one of every five of those visits, uh, that began in the ER, resulted in a surprise bill. 58:30 Dr. Bobby Mukkamala: Uh, yes, sir. So, in answer to your question, there are multiple already cases documented of insurance companies shrinking their network in California because they can get the same service at that rate with physicians that are out of their network. And so, contracts are already not being renewed for physicians that have had contracts for 20 years, and then they go to renew it and they’re dropped from the network. 1:03:00 Dr. Bobby Mukkamala: My wife and I, we contract with probably about 30 insurance companies. When I take a kid’s tonsils out, one insurance company may be $200- may pay me $200, one pays me about $450 and everything in between. I can’t have a different fee in my fee schedule for each of those. So my fee for tonsillectomy is about $475, so that when I do it, I know that the highest paying payer, I’m still-they’re still within that threshold, right? Because if I charge $400, they’re not going to send me $450. They’re going to send me $400. 1:07:00 Jeanette Thornton: So it’s very interesting what we’ve seen and when it comes from a hospital perspective. It’s maybe only 15% of the hospitals nationwide that are causing this issue that results in, you know, 80% of the visits. One of the statistics had cited a lot that result in a surprise medical bill. So this is not every doctor. This is not every hospital that are resulting in these surprise medical bills. It’s really more of a targeted problem. 1:09:15 Tom Nickels: In terms of how much of this is really going on, I think there is a certain level of frustration. I don’t know that we all know with certainty. The only federal study that I’ve seen, that we’ve seen, is from the Federal Trade Commission, which basically said that they studied ambulances going to hospital emergency departments. 99% of hospital emergency departments in that study were in-network. So it’s not the hospital itself that is out of network. it is people, physicians who practice in our institution. 1:22:20 Tom Nickels: The federal government-state government need to acknowledge that they underpay. I mean, Medpack and others acknowledges that this isn’t just industries talking about ourselves. AMA has said the same thing on the physician side, but I think that the federal government and state governments have a responsibility to pay more adequately. The truth of the matter is, and we haven’t even talked about this, is the cost shift is that private insurers pay more than costs and the government pays less. That should end. The government should take responsibility. 1:38:00 Tom Nickels: We cannot force by law, physicians who are not employed by us to take in-network rates. That is-if we did that, um, we would be sued. It would be restraint of trade. Um, however, what we’re trying to suggest here and I think what the other panelists are trying to suggest, is we have a way to protect the patient from that surprise bill. To your question about who are these physicians that you don’t even know about who are treating you, if you come in in an emergency, you don’t know what’s going on. And you need to be taking care of it, who’s ever there is going to take care of you. The other situation which we’ve talked about is when you knowingly come into an inpatient in-network facility. You did all the right things, but an out of network physician, (anesthesiologists, perhaps radiologists, pathologists) takes care of you. And that’s where the, uh, the bill is generated from. So we cannot make people do that. We try to get physicians to be in our networks-in the same networks. But again, this is an issue of private contracting. 1:42:05 Rep. Mike Kelly (PA): I do agree with you. If there’s limited talent there to take care of that specific problem, there has to be a way of compensating for it. Because at the end of the day, it is a business. Dr. Bobby Mukkamala: Right. So the solution is if an insurance company is going to come into Flint, Michigan and sell insurance, they know that eventually they’re going to need a hand surgeon, right? How do they sell insurance to a town that’s an industrial based town, where there’s a lot of hand injuries and not have any hand surgeons in their network? When they put up the billboard saying, “we’re selling insurance here”, they should have at the same time look at their provider list and say, “you know what”?, we’re missing an orthopedic hand surgeon. "Let’s go find one and figure out how to get him in-network or get her in-network. Right? And that’s a step that’s skipped routinely, right? They’ll sell the product for years and then fill in this way with lack of a good provider network by trying to negotiate out of network rates that are the same as in-network because they’d skip that first step, right? Maintain a network adequacy-establish a network adequacy before you sell your product. 1:48:30 James Gelfand: Many of the hospitals are not doing what Zuckerberg hospital was doing. The hospital will be in-network, but they will have outsourced their emergency room to a Wall Street owned private company and that company won’t take insurance. And those guys are definitely making enough profits that Wall Street is suggesting that people should invest in those companies because of these relationships they have with the in-network hospitals and the out of network emergency rooms. Trump remarks on medical billing-Watch on C-SPAN, May 9, 2019 13:00 President Donald Trump: Today I’m announcing principles that should guide Congress in developing bipartisan legislation to end surprise medical billing. And these senators and congressmen and women that are with us today are really leading the charge. And I appreciate that they’re all here. Thank you all. Thank you all for being here. This is fantastic. And I think it’s going to be a successful charge. From what I understand, we have bipartisan support, which is rather shocking. That means it’s very important. That means it’s very good. But that’s great. First, in emergency care situations, patients should never have to bear the burden of out-of-network costs they didn’t agree to pay. So-called balance billing should be prohibited for emergency care. Pretty simple. Second, when patients receive scheduled, non-emergency care, they should be given a clear and honest bill upfront. That means they must be given prices for all services and out-of-pocket payments for which they will be responsible. This will not just protect Americans from surprise charges; it will empower them to choose the best option at the lowest possible price. Third, patients should not receive surprise bills from out-of-network providers that they did not choose themselves. Very unfair. Fourth, legislation should protect patients without increasing federal healthcare expenditures. Additionally, any legislation should lead to greater competition, more choice — very important — and more healthcare freedom. We want patients to be in charge and in total control. And finally, in an effort to address surprise billing, what we do is, all kinds of health insurance — large groups, small group, individual markets, everything. We want everything included. No one in America should be bankrupted and unexpectedly by healthcare costs that are absolutely out of control. No family should be blindsided by outrageous medical bills. And we’ve gone a long way to stop that. Examining Surprise Billing: Protecting Patients from Financial Pain-Not on C-SPAN, House Committee on Education and Labor, April 2, 2019 Watch on YouTube Witnesses: Christen Linke Young: Fellow at USC-Brookings Schaeffer Initiative on Health Policy Ilyse Schuman: Senior Vice President for Health Policy at American Benefits Council Frederick Isasi, Executive Director at Families USA Professor Jack Hoadley: Research Professor Emeritus at Georgetown University’s Health Policy Institute Transcript 7:15 Chairman Frederica Wilson (FL): This is the first hearing the United States Congress has held on surprise billing. 7:30 Chairman Frederica Wilson (FL): Surprise medical bills occur when patients covered by health insurance are subject to higher than expected out of pocket costs for care, received from a provider who is outside of their plan’s network. The victims of surprised medical billing often have no control over whether they’re medical provider is in or out of network. 8:15 Chairman Frederica Wilson (FL): A young San Francisco woman named Nina Dang suffered a severe bike accident. She was barely lucid when a bystander called an ambulance and took her to an emergency room at a nearby hospital. Before she knew it, doctors had done x-rays and scans and put her broken arm in a splint and then sent her on her way. A few months later, Nina was hit with a $20,000 medical bill because the hospital, which she did not choose, was an out of network facility. 8:30 Chairman Frederica Wilson (FL): But even patients who are able to take precautions to avoid out of network costs during a medical emergency, are not immune from surprise bills. Scott Cohan suffered a violent attack one night in Austin, Texas. He woke up in an emergency room with a broken jaw, a throbbing headache, and staples in his head. Despite his shock and immense pain, Scott took out his phone and searched through his insurer’s website to make sure he was laying in an in-network hospital bed. When he found out it was, he proceeded with unnecessary jaw surgery. Imagine Scott’s frustration and devastation when he received a surprise medical bill for nearly $8,000. It turned out that the emergency room was in his insurance network, but the oral surgeon who worked in the ER was not. 16:00 Rep. Tim Walberg (MI): 39% of insured working age adults reported they had received a surprise medical bill in the past year from a doctor, hospital, or lab that they thought was covered by their insurance. Of the 39% of individuals who received surprise medical bills, 50% owed more than $500. 27:05 Ilyse Schuman: While a number of states have sought to address this problem or risk that exempts self insured plans from State Insurance Regulations to ensure that national employers can offer uniform health benefits to employees residing in different states. Accordingly, the problem of surprise billing cannot be left to the states to solve. 33:20 Frederick Isasi: So what’s most important to remember about this issue? We are talking about situations in which families, despite enrolling in health insurance, paying their premiums, doing their homework and trying to work within the system, are being left with completely unanticipated and sometimes financially devastating healthcare bills. And this is happening in part, and I want to say this really clearly because hospitals, doctors and insurers are washing their hands of their patient’s interest. 33:50 Frederick Isasi: Take for example, one significant driver of this problem. The movement of hospitals to offload sapping requirements for their emergency departments to third party management companies. These hospitals very often make no requirements of these companies to ensure the staffing of the ED fit within the insurance networks that the hospitals have agreed to. As a result, a patient who does their homework ahead of time and rightly thinks they’re going to an in network hospital, received services from an out of network physician and a surprise medical bill follows. 34:20 Frederick Isasi: Let me give you one real world example. Nicole Briggs from Morrison, Colorado outside of Denver. Nicole woke up in the middle of the night with intense stomach pain. She went to a freestanding ER. She was told she needed an emergency appendectomy. She went to a local hospital. She did her due diligence. Confirmed repeatedly that the hospital and its providers were in network. However, months later she received a surprise bill from the surgeon who ended up, was out of network. The bill to Nicole was $5,000. Nicole tried to work it out with her insurance company, but within two years, a collection agency representing the surgeon took her to court and won the full amount, including interest. As a result, a lien was placed on her home and the collection agency garnished her wages each month. This came right before Nicole was about to deliver a baby and go on maternity leave. And by the way, this investigation found that there were over 170 liens placed on people’s homes in the Denver area by emergency department physicians. 38:05 Professor Jack Hoadley: Our research shows that today, 25 states have acted to protect consumers from surprise bills in at least some circumstances. Nine of these 25 meet our standards as offering what we consider to be comprehensive protection. For protections to be comprehensive, we look to number one, whether they apply in both emergency situations and an in-network hospital setting, such as electing an in-network surgeon, but being treated by another clinician who’s out of network. Second, that these laws apply to both HMO’s, PPO’s and all other types of insurance. Third, that the law does address both insurers by requiring them to hold consumer’s harmless from balanced bills and providers by barring them from sending balanced bills. And fourth, that the laws adopt some kind of a payment standard. Uh, either a rule to determine payment from insurance provider or an arbitration process to resolve payment disputes. Although these four conditions don’t guarantee complete protection for consumers, they combine to protect consumers in most emergency and network hospital settings that the states can address. But as you’ve already heard, state protections are limited by federal law, ERISA, which exempt states from state regulation’s, self insured, employer sponsored plans. 43:30 Chairman Frederica Wilson (FL): Under current law, who is responsible for making sure that a doctor or a hospital is in-network? Is it the doctor, the insurance company or the patient themselves? Frederick Isasi: Uh, chairman Wilson, thank you for the question. To be very clear, it is the patient themselves that has a responsibility and these negotiations are very complex. These are some of the most important and intense negotiations in the healthcare sector between a payer and a provider. There is absolutely no visibility for a consumer to understand what’s going on there. And so the notion that a consumer would walk into an emergency department and know, for example, that their doctor was out of network because that hospital could not reach agreement on an in-network provider for the ED is absurd, right? There’s no way they would ever know that. And similarly, if you walk in and you received surgery and it turns out your anesthesiologist isn’t in-network, there’s no way for the consumer to know that. Um, and I would like to say there’s some discussion about transparency and creating, you know, sort of provider directories. We’ve tried to do that in many instances. And what we know is that right now the healthcare sector has no real way to provide real actual insight to consumers about who’s in-network, and who’s out of network. I would-probably everybody in this room has tried at some point to figure out if a doctor’s in-network and out of network and as we know that system doesn’t work. So this idea that consumers can do research and find out what’s happened behind the scenes in these very intensive negotiations is absurd and it doesn’t work. 46:30 Professor Jack Hoadley: Provider directories can be notoriously inaccurate. One of the things that, even if they are accurate, that I’ve seen in my own family is you may be enrolled in Blue Cross-You ask your physician, "are they participating in Blue Cross? They say “yes”, but it turns out Blue Cross has a variety of different networks. This would be true of any insurance company, and so you know, you may be in this one particular flavor of the Blue Cross plan and your provider may not participate in that particular network. 47:30 Christen Linke Young: Notice isn’t enough here. Even if a consumer had perfect information, which is not a reasonable expectation, but even if they did have perfect information, they can’t do anything with that information. They can’t go across town to get their anesthesia and then come back to the hospital. Um, their-even with perfect information, they may be treated by out of network providers. And so we need to set a standard that limits how much providers can be paid in these out of network scenarios that makes it sort of less attractive for providers to remain out of network. And so instead, they are subject to more normal market conditions. 1:01:25 Rep. Phil Roe (TN): I’ve had my name in networks that I wasn’t in. That you-that you use, and many of those unscrupulous networks, will use that too to get people to sign up because this doctor, my doctor is in there when you’re really not. 1:10:25 Frederick Isasi: Um, there is a concept here, which is, what does in network mean, right? When you sit down with your husband or your partner and decide what kind of insurance do we want for our kids, right? We want to make sure that they can go to the ED if they’re playing soccer, they get hurt, all those sorts of things. The question is when you make that decision and you say, "Oh, look, this hospital is in-network, right? But what does that mean? If you can go to that hospital and all the services they’re providing are out of network, right? And I think as you’ve said, and as we’ve heard from other folks, the patient is not the person who should be responsible for that. It’s the folks who are negotiating. It’s the hospital, it’s the doc’s and the payers that should bear that responsibility. So let’s start by clarifying what does in-network mean, so that we have some way of making educated decisions about the insurance that we’re purchasing and putting our trust in. 1:29:30 Professor Jack Hoadley: There may be instances where consumers get bills sent to them, aren’t aware that they don’t need to pay them, so don’t start the process. And that goes to this sort of point of how do you really make sure it’s not the consumer’s responsibility to figure out that, oh, I don’t, by law, I don’t actually have to pay this bill. Now what do I do to make sure that happens? If you don’t know that, uh, that doesn’t really help you. And so what some other states like California has done, is to include a provision that says the provider really can’t send a bill and if they do end up sending a bill and the consumer pays it, there’s an obligation on that provider to refund the amount that was paid back to the consumer. And that’s something we haven’t seen in some of the other states. 1:39:15 Rep. Joe Courtney (CT): ERISA really has to be dealt with if we’re going to really have a comprehensive solution for America’s patients. Is that correct? Ilyse Schuman: That’s exactly right. Um, for the self funded plan too 60% of employer based plans that are not subject to these state laws, like in Connecticut or other states, we have to have a federal solution that addresses ERISA, so that we deal with this problem in a uniform nationwide way. Documentary: This is a clip from the documentary: 911, Toxic Legacy which aired on Canadian CBC 9/10.2006, September 10, 2006 Community Suggestions See Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

NutriMedical Report
NutriMedical Report Show Friday June 7th 2019 – Hour Three – Dr Betty Martini PhD, www.MPWHI.com, Stephen Fox Article, Trump Signs of Organic Toxicity from Die-Cola, Read Below, Federal Death Agency FDA Sweet Genocide,

NutriMedical Report

Play Episode Listen Later Jun 7, 2019 59:30


Dr Betty Martini PhD, www.MPWHI.com, Stephen Fox Article, Trump Signs of Organic Toxicity from Die-Cola, Read Below, Federal Death Agency FDA Sweet Genocide, Childhood Vaccine Waver Attack by San Francisco Dr Stoller MD, End of 4th Autonomy Constitutional Amendment, NO to Forced Toxic Vaccines, End of Toxic Sweetners GMO Foods, MSG Neurotoxin, Bayer Holocaust Zyclon B for Gas Chambers, Bayer Mount Satan GMO Foods, 327 Million USA Guinea Pig Americans, Everyone Get How to Win in Court, Drop Down Diagnostic and Therapeutics at NutriMedical.com, Get Informed Legaled UP, Take Pro Se Action NOW!, Dr Bill Deagle MD AAEM ACAM A4M, NutriMedical Report Show, www.NutriMedical.com, www.ClayandIRON.com, www.Deagle-Network.com,NutriMedical Report Show,Dear Friends: This is truly a sad article about what I believe isverifiably happening medically. It is backed up by sound medical andneurotoxic knowledge on the part of Neurosurgeon Dr. Russell Blaylock, Dr.Betty Martini, and many others. Many of these facts have already beenreported in detail in the New York Times and in the Toronto Globe andMail.Inevitable Aspartame Dementia in the White House will Worsenhttps://www.opednews.com/articles/Inevitable-Aspartame-Demen-by-Stephen–Fox-92-Aspartame-Poisoning-Symptoms-According-To-Fda_Aspartame_Aspartame-Carcinogen_Aspartame-Causing-Birth-Defects-190606-17.htmlTruly,Stephen FoxMission Possible New MexicoSanta Fe NMMore Information on aspartame on www.mpwhi.com, www.wnho.net,www.holisticmed.com/aspartame, www.aspartamekills.com, www.rense.com,search aspartamehttps://www.hoffmancentre.com/wp-content/uploads/2016/12/aspartame_studies_by_mercola.pdfMore information on aspartame on www.mpwhi.com, www.wnho.net,www.holisticmed.com/aspartame www.dorway.com web site hacked on www.mpwhi.comDr. Betty Martini, D.Hum, FounderMission Possible World Health Intlwww.mpwhi.com https://www.journal-advocate.com/2012/01/25/aspartame-soda-poison-for-your-kids/ For information regarding your data privacy, visit Acast.com/privacy See acast.com/privacy for privacy and opt-out information.

Congressional Dish
CD197: Constitutional Crisis

Congressional Dish

Play Episode Listen Later May 31, 2019 132:34


The United States system of government depends on the Legislative, Executive, and Judicial branches keeping each other accountable, but what happens when two of the branches refuse to police the third? We might soon find out. In this episode, by examining the Attorney General William Barr's response to the release of the Mueller report, learn about recent events which foreshadow our system of government being tested in ways it hasn't been tested before. _________________________________________________  Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! ____________________________________________________ Recommended Congressional Dish Episodes CD191: The "Democracies" of Elliott Abrams CD143: Trumps Law Enforcers  _____________________________________________________  Additional Reading   Article: Barr Serving as Powerful Ally for Trump by Tom Hamburger, Washington Post, May 16, 2019. Article: Is this the Official Trump Constitutional Crisis? by Susan B. Glasser, The New Yorker, May 9, 2019. Podcast Episode: Mueller Report Audio, Timberlane Media, May 4, 2019. Article: Trump Finds in Barr the Attorney General — and shield — he long sought by Matt Zapotosky,Josh Dawsey,Tom Hamburger and Ashley Parker, Washington Post, May 2, 2019. Letter: Erik Prince Criminal Referal Letter, by Adam Schiff, Chairman, Select Committee on Intelligence U.S. House of Representatives, April 30, 2019. Article: Mueller Complained that Barr's Letter did not Capture Context of Trump's Probe by Devlin Barrett and Matt Zapotsky, The Washington Post, April 30, 2019. Article: Barr's Playbook: He Misled Congress by Ryan Goodman, Just Security, April 15, 2019. Article: Joe Biden's 2020 Ukranian Nightmare: A Closed Probe is Revived by John Solomon, The Hill, April 1, 2019. Article: Justice Under AG Barr Began Vast Surveillance Program Without Legal Review by Brad Heath, USA Today, March 28, 2019. Report: Mueller Letter to Barr on Russian Interference of 2016 Presidential Election by U.S. Department of Justice, Special Counsel's Office, March 27, 2019. Document: AG Barr’s 4 Page Summary by William Barr Attorney General of the United States, March 24, 2019. Document: Jen Briney Highlighted Mueller Report by Jen Briney, March 2019. Article: Attorney General Nominee Wrote Memo Critizing Mueller Obstruction Probe by Devlin Barrett, Washington Post, December 20, 2018. Article: Trump is compromised by Russia by by Michelle Goldberg, The New York Times, November 29, 2018. Memo: Memo from Bill Barr to Attorney General Rod Rosenstein Meullers "Obstruction" Theory by Bill Barr, June 8, 2018. Article: Paul Manafort's complicated ties to Ukraine explained by Amber Phillips, Washington Post, August 19, 2016. Article: Donald Trump Aide Paul Manafort Scrutinized for Russian Business Ties  by Tom Winter and Ken Dilanian, NBC News, August 18, 2016. Document: Manafort/Gates Indictment by United States District Court for the Eastern District of Virginia. Article: U.S. Secretly Tracked Billions of Calls for Decades by Brad Heath, USA Today, April 7, 2015. Article: Obama, Holder Catch Heat for Close Ties by Carrie Johnson, NPR, July 9, 2010. Article: William P. Barr Oral History  UVA Miller Center, April 5, 2001. Article: Bush Pardons 6 in Iran Affair by David Johnston, The New York Times, December 25, 1992. Article: Nominee Barr an Unusual Path to Attorney Generals Office by Sharon LaFraniere, The Washington Post, November 12, 1991. Article: U.S. "Power" on Abductions Detailed by Michael Isikoff, Washington Post, August 14, 1991 Article: In Panama, An Illegal and Unwarranted Invasion by Matthew Rothschild, The Chicago Tribune, December 21, 1989. Letter: Crawford's Reply to Edwards by Honorable Don Edwards, The U.S. Department of Justice, November 7, 1989. Article: FBI Gets OK for Overseas Arrests by Ronald J. Ostrow, LA Times, October 13, 1989.   _____________________________________________________ Sound Clip Sources Press Conference: Speical Counsel Robert Mueller Statement on Russian Investigation, May 29, 2019. 4:10 Special Counsel Robert Mueller: The order appointing me special counsel authorized us to investigate actions that could obstruct the investigation. We conducted that investigation, and we kept the office of the acting attorney general apprised of the progress of our work. And as set forth in the report, after that investigation if we had had confidence that the president clearly did not commit a crime we would have said so. We did not, however, make a determination as to whether the president did commit a crime. The introduction to the Volume II of our report explains that decision. It explains that under long-standing department policy, a president can not be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and hidden from public view, that too is prohibited. The Special Counsel’s Office is part of the Department of Justice, and by regulation it was bound by that department policy. Charging the president with a crime was, therefore, not an option we could consider. 5:40 Special Counsel Robert Mueller: First, the opinion explicitly explicitly permits the investigation of a sitting president because it is important to preserve evidence while memories are fresh and documents available. 6:10 Special Counsel Robert Mueller: And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing. And beyond department policy, we were guided by principles of fairness. It would be unfair to potentially — it would be unfair to potentially accuse somebody of a crime when there can be no court resolution of the actual charge. Hearing: Attorney General William Barr Contempt Resolution, House Judiciary Committee, May 8, 2019. 14:40 Rep. Jerrold Nadler (NY): I urge my colleagues to think about how the department’s latest position and their insistence on ignoring our subpoena effects our committee, over time. Our fight is not just about the Mueller report, although we must have access to the Mueller report. Our fight is about defending the rights of Congress as an independent branch to hold the president, any president, accountable. 15:20 Rep. Jerrold Nadler (NY): The chairman of the oversight and Reform Committee has been sued in his personal capacity to prevent them from acquiring certain financial records from the Trump organization. 15:30 Rep. Jerrold Nadler (NY): The president has stated that his administration will oppose all subpoenas, and in fact, virtually all document requests are going unsatisfied. Witnesses are refusing to show up at hearings. This is unprecedented. If allowed to go unchecked, this obstruction means the end of congressional oversight. As a coequal branch of government, we should not and cannot allow this to continue, or we will not be a coequal branch of government. Hearing: William Barr Testifies on Mueller Report, Senate Judiciary Committee, May 1, 2019. 7:50 Sen. Lindsay Graham (SC): I would like to do more to harden our infrastructure because the Russians did it. It wasn’t some 400 pound guy sitting on a bed somewhere. It was the Russians, and they’re still doing it. And it can be the Chinese, it could be somebody next. So my takeaway from this report is that we’ve got a lot of work to do to defend democracy against the Russians and other bad actors. And I promise the committee we will get on. Would that work? Hopefully in a bipartisan fashion. 9:20 Sen. Lindsay Graham (SC): This is what Strzok said on February 12th, 2016 “Now he’s in charge of the Clinton email investigation”. 11:25 Sen. Lindsay Graham (SC): “Trump is a fucking idiot”. 17:05 Sen. Diane Feinstein (CA: First Special Counsel Mueller’s report confirms that the Russian government implemented a social media campaign to mislead millions of Americans. 32:50 Attorney General William Barr: The special counsel investigated whether anyone affiliated with president Trump’s campaign conspired or coordinated with these criminal schemes. They concluded that there was not sufficient evidence to establish that there had been any conspiracy or coordination with the Russian government or the IRA. 33:40 Attorney General William Barr: Now we first heard that the special council’s decision not to decide the obstruction issue at at the March 5th meeting when he came over to the department and we were frankly surprised that they were not going to reach a decision on obstruction. We asked them a lot about the reasoning behind this and the basis for Special Council Mueller stated three times to us in that meeting in response to our questioning that he emphatically was not saying that, but for the OLC’s opinion, he would have found obstruction. 34:40 Attorney General William Barr: Once we heard that the special counsel was not reaching a conclusion on obstruction, the deputy and I discussed and agreed that the department had to reach a decision. We had the responsibility to assess the evidence as set forth in the report and to make the judgment. I say this because the special counsel was appointed to carry out the investigative and prosecutorial functions of the department and to do it as part of the Department of Justice. The powers he was using, including the power of using a grand jury and using compulsory process exists for that purpose. The function of the Department of Justice in this arena (which is to determine whether or not there has been criminal conduct). It’s a binary decision. Is there enough evidence to show a crime and do we believe a crime has been committed? 35:30 Attorney General William Barr: We don’t conduct criminal investigations just to collect information and put it out to the public, we do so to make a decision. 35:40 Attorney General William Barr: And here we thought there was an additional reason, which is this was a very public investigation and we had made clear that the results of the investigation we’re going to be made public, and the deputy and I felt that the evidence developed by the special counsel was not sufficient to establish that the president committed a crime, and therefore it would be irresponsible and unfair for the department to release a report without stating the department’s conclusions and thus leave it hanging as to whether the department considered there had been criminal conduct. 38:13 Attorney General William Barr: We prepared the letter for that purpose. To state the bottom line conclusions. We use the language from the report to state those bottom line conclusions. I analogize it to announcing after an extended trial what the verdict of the trial is, pending release of the full transcript. 38:40 Attorney General William Barr: We were not trying to summarize the 410 page report. 44:05 Sen. Lindsay Graham (SC): Very quickly, give us your reasoning why you think it would be inappropriate to proceed forward on obstruction of justice in this case. Attorney General William Barr: Well, um, generally speaking, an obstruction case, uh, typically has two aspects to it. One, there’s usually an underlying criminality that… Sen. Lindsay Graham (SC): Let’s stop right here. Attorney General William Barr: Yeah Sen. Lindsay Graham (SC): Was there an underlying crime here? Attorney General William Barr: No. 48:00 Sen. Lindsay Graham (SC): Do you think the President’s campaign in 2016 was thoroughly looked at in terms of whether or not they colluded with the Russians? Attorney General William Barr: Yes. Sen. Lindsay Graham (SC): And the answer is no according to Bob Mahler. Attorney General William Barr: That’s right. Sen. Lindsay Graham (SC): He couldn’t decide about obstruction, you did. Is that correct? Attorney General William Barr: That’s right. 1:02:08 Sen. Chuck Grassley (IA): In volume two of the report, the special council declined to make a traditional prosecutorial decision. Instead, the special council laid out 200 or so pages relating to a potential obstruction analysis and then dumped that on your desk. In your press conference you said that you asked the special council whether he would have made a charging decision or recommended charges on obstruction, but for the office of legal console’s opinion on charging sitting presidents, and that the special counsel made clear that was not the case. So Mr. Barr, is that an accurate description of your conversation with the special council? Attorney General William Barr: Yes, he, he reiterated several times in a group meeting that he was not saying that, but for the OLC opinion he would have found obstruction. Sen. Chuck Grassley (IA): Yeah. If the special console found facts as sufficient to constitute obstruction of justice, would he have stated that finding? Attorney General William Barr: If he had found that, then I think he would state it. Yes. Sen. Chuck Grassley (IA): Yeah. 1:03:45 Sen. Chuck Grassley (IA): Do you agree with the reasons that he offered for not making a decision and Volume II of his report and why or why not? Attorney General William Barr: Well, I’m not really sure of his reasoning. I really could not recapitulate his analysis, which is one of the reasons in my March 24th letter. I simply stated the fact that he did not reach a conclusion and didn’t try to put words in his mouth. Um, I think that if he felt that he shouldn’t have gone down the path of making a traditional prosecuted decision, then he shouldn’t have investigated. That was the time to, uh, pull up. Sen. Chuck Grassley (IA): Okay. 1:37:53 Sen. Sheldon Whitehouse (RI): When did you first learn of the New York Times and Washington Post stories that would make the existence of this letter public? The ones that came out last night? Attorney General William Barr: I think it could have been yesterday, but I’m not sure. Sen. Sheldon Whitehouse (RI): When they contacted you to ask for any comment? Attorney General William Barr: They didn’t contact me. Sen. Sheldon Whitehouse (RI)*: Contact to DOJ and ask for any comment? Attorney General William Barr: I can’t actually remember how it came up, but someone mentioned it. Sen. Sheldon Whitehouse (RI): So you…at some point you knew that the Mueller letter was going to become public and that was probably yesterday? Attorney General William Barr: I think so. Sen. Sheldon Whitehouse (RI): Okay. When did you decide to make that letter available to us in Congress Attorney General William Barr: This morning. 1:37:53 Sen. Sheldon Whitehouse (RI): When did you first learn of the New York Times and Washington Post stories that would make the existence of this letter public? The ones that came out last night? Attorney General William Barr: I think it could have been yesterday, but I’m not sure. Sen. Sheldon Whitehouse (RI): When they contacted you to ask for any comment? Attorney General William Barr: They didn’t contact me. Sen. Sheldon Whitehouse (RI)*: Contact to DOJ and ask for any comment? Attorney General William Barr: I can’t actually remember how it came up, but someone mentioned it. Sen. Sheldon Whitehouse (RI): So you…at some point you knew that the Mueller letter was going to become public and that was probably yesterday? Attorney General William Barr: I think so. Sen. Sheldon Whitehouse (RI): Okay. When did you decide to make that letter available to us in Congress Attorney General William Barr: This morning. 1:40:30 Sen. Sheldon Whitehouse (RI): The… Attorney General William Barr: As I said, I wasn’t interested in putting out summaries. Period. Sen. Sheldon Whitehouse (RI): Well, you know, we can… Attorney General William Barr: Frankly… Sen. Sheldon Whitehouse (RI): This is another hairsplitting exercise because Bob Mueller, (who I think we all agree is fairly credible) actually described your letter as a summary. So you can say it wasn’t a summary, but Mueller said it was a summary and I don’t think… Attorney General William Barr: I wasn’t interested in summarizing the whole report. As I say, I was stating that the bottom line conclusions of the report… Sen. Sheldon Whitehouse (RI): Your letter said it’s intended to describe the report, I quote your words… Attorney General William Barr: Yeah, describe the report meaning volume one [inaudible] Sen. Sheldon Whitehouse (RI): When you describe the report in four pages and it’s a 400 page report, I don’t know why you’re cowboying about whether it’s a summary or not. Attorney General William Barr: Because I state in the letter that I’m stating that the principle conclusions. 1:41:13 Attorney General William Barr: You know, Bob Mueller is the equivalent of a US attorney. He was exercising the powers of the attorney general subject to the supervision of the attorney general. He’s part of the Department of Justice. His work concluded when he sent his report to the attorney general. At that point, it was my baby. 1:42:59 Sen. Sheldon Whitehouse (RI): Um, the interesting thing to me is that it goes on to say that because of the OLC opinion, we have to give the president an extra benefit of the doubt because he is denied his day in court where he could exonerate himself. That seems like a fallacy to me because if you are the president of the United States, you can either waive or readily override the OLC opinion and say, “I’m ready to go to trial.” “I want to exonerate myself.” “Let’s go.” Could you not? Attorney General William Barr: How is this relevant to my decisions? Sen. Sheldon Whitehouse (RI): It’s relevant… Attorney General William Barr: Because I assumed that there was no OLC opinion. Sen. Sheldon Whitehouse (RI): Well, we have a report in front of us that says that this influenced the outcome. And in particular it says it influenced the outcome because it deprived the president of his ability to have his day in court. And my point to you is that the president could easily have his day in court by simply waving or overriding this OLC opinion that has no judicial basis. Correct? Attorney General William Barr: Well, I don’t…I don’t think that there was anything to have a day in court on. I think that the government did not have a prosecutable case, Sen. Sheldon Whitehouse (RI): but part…well Mueller obviously didn’t agree because he left that up to you. Attorney General William Barr: Well… Sen. Sheldon Whitehouse (RI): He said that he could neither confirm nor deny that there was a prosecutable case here. He left that to you and when he did, he said, and you apparently have agreed that this OLC opinion bears on it, and then it would be unfair to the president to put them to the burden of being indicted and not having the ability to be charged himself… Attorney General William Barr: I don’t want to characterize…have Bob’s thought process on this. Sen. Sheldon Whitehouse (RI): I’m not asking you to characterize it. It’s in his report. He’s put it in writing. Attorney General William Barr: I’m not sure what he means by that in the report. 1:54:13 Sen. John Kennedy (LA): Tell me again briefly why Mr. Mueller told you he reached no conclusion…or he couldn’t make up his mind or whatever. I’m not trying to put words in your mouth. Attorney General William Barr: I really couldn’t recapitulate it. I… it was unclear to us. 2:31:25 Sen. Richard Blumenthal (CT): The special council specifically said (at the same time I’m quoting), "If we had confidence after a thorough investigation of the facts that the president clearly did not commit obstruction of justice, we would so state. He said it again at page 182, and yet in your summary and in the press room conference that you did, you in effect cleared the president on both so-called collusion. Attorney General William Barr: Yeah. The difference is that I use the proper standard. Um, that statement you just read is actually a very strange statement. Sen. Richard Blumenthal (CT): For four of the specific obstruction episodes, Robert Mueller concluded that it was substantial evidence on four on the three necessary elements of obstruction. Attorney General William Barr: Well, you’re…you’re on. You’re a prospect… Sen. Richard Blumenthal (CT): I have to finish my question with all… Attorney General William Barr: You haven’t let me finish my answer. Sen. Richard Blumenthal (CT): Well, uh, let me just finish the… Chairman Lindsay Graham (SC): We can do both. Attorney General William Barr: Alright, good. Sen. Richard Blumenthal (CT): Uh, you ignored in that press conference and in the summary that Robert Mueller found substantial evidence and it’s in the report, and we have a chart that shows the elements of that crime. Intent, interference with an ongoing investigation and the obstructive act. 2:38:35 Sen. Richard Blumenthal (CT): You started by citing this thing in Volume II about how the report says that they could not be sure that they could clearly say that he did not violate the law. As you know, that’s not the standard we use in the criminal justice system. It’s presumed that if someone is innocent and the government has to prove that they clearly violated the law. We’re not in the business of exoneration. We’re not in the business of proving they didn’t violate law. Attorney General William Barr: I found that whole act very… Sen. Richard Blumenthal (CT): …exonerated him in your press conference and in your four page summary Attorney General William Barr: How did that start? I didn’t hear the beginning of the question? Sen. Richard Blumenthal (CT): You in effect exonerated or cleared the president? Attorney General William Barr: No, I didn’t exonerate. I said that we did not believe that there was sufficient evidence to establish an obstruction offense, which is the job of the Justice Department and the job of the Justice Department is now over. That determines whether or not there’s a crime. The report is now in the hands of the American people. Everyone can decide for themselves. There’s an election in 18 months. That’s very democratic process, but we’re out of it and we have to stop using the criminal justice process as a political weapon. 2:50:30 Sen. Mazie Hirono (HI): You lied to Congress. You told Representative Charlie Krist that you didn’t know what objections Mueller’s team might have to your March 24th so-called summary. You told Senator Chris Van Hollen that you didn’t know if Bob Mueller supported your conclusions, but you knew you lied, and now we know. 2:51:10 Sen. Mazie Hirono (HI): I expected you would try to protect the president, and indeed you did. In 1989…this isn’t something you hadn’t done before. In 1989, when you refuse to show Congress and OLC opinion that led to the arrest of Manual Noriega. In 1992, when you recommended partners for the subjects of the Iran Contra scandal and last year when you wrote the 19 page memo, telling “Donald Trump as president”, can’t be guilty of obstruction of justice, and then didn’t recuse yourself from the matter. From the beginning, you are addressing an audience of one. That person being Donald Trump. 3:00:40 Attorney General William Barr: How did we get to the point here where the evidence is now that the president was falsely accused of colluding with the Russians and accused of being treasonous and accused of being a Russian agent. And the evidence now is that was without a basis and two years of his administration, uh, have been dominated by the allegations that have now been proven false. And you know, to listen to some of the rhetoric, you would think that the Mueller report and found the opposite. 3:18:14 Sen. Kamala Harris (CA): In your March 24th summary, you wrote: “After reviewing the special council’s final report, deputy Attorney General Rosenstein and I have concluded that the evidence is not sufficient to establish that the president committed an obstruction of justice offense.” Now the special council’s investigation produced a great deal of evidence. Um, I’ve led to believe it included witnesses, notes and emails, witnesses, congressional testimony, witnesses, interviews, um, which were summarized in the FBI 302 forms, former FBI Director Columbia’s memos and the president’s public statements. My question is, in reaching your conclusion, did you personally review all of the underlying evidence? Attorney General William Barr: Uh, no. We took a… we excepted… Sen. Kamala Harris (CA): Did…Did Mr Rosenstein…? Attorney General William Barr: No, we accepted the statements in the report as the factual record. We did not go underneath it to see whether or not they were accurate. We accepted it as accurate and made our… Sen. Kamala Harris (CA): So you accepted the report as the evidence? Attorney General William Barr: Yes. Sen. Kamala Harris (CA): You did not question or look at the underlying evidence that supports the conclusions in the report? Attorney General William Barr: No. Sen. Kamala Harris (CA): Did, uh, Mr Rosenstein review the evidence that underlines and supports the conclusions in the report…to your knowledge? Attorney General William Barr: Not to my knowledge. We accepted the statements in the report. Sen. Kamala Harris (CA): Did anyone in your… Attorney General William Barr: The characterization of the evidence is true. Sen. Kamala Harris (CA): Did anyone in your executive office review the evidence supporting the report? Attorney General William Barr: No. Sen. Kamala Harris (CA): No. 3:20:17 Sen. Kamala Harris (CA): As the Attorney General of the United States, you run the United States Department of Justice. If in any US attorney’s office around the country, the head of that office, when being asked to make a critical decision about in this case the person who holds the highest office in the land and whether or not that person committed a crime. Would you accept them recommending a charging decision to you if they’d had not reviewed the evidence? Attorney General William Barr: Well, that’s a question for Bob Mueller. He’s the U.S. Attorney. He’s the one who presents the report. Sen. Kamala Harris (CA): But it was you who made the charging decisions there. You made the decision not to charge the president Attorney General William Barr: No, in the pross memo and in the declination memo… Sen. Kamala Harris (CA): You said it was your baby. What did you mean by that? Attorney General William Barr: It was my baby to let, to decide whether or not to disclose it to the public. Sen. Kamala Harris (CA): And whose decision was it,? Who had the power to make the decision about whether or not the evidence was sufficient to make a determination of whether there had been an obstruction of justice? Attorney General William Barr: Prosecution memos go up to the supervisor. In this case, it was the…you know, the Attorney General, the Deputy Attorney General, who… who decide on the final decision, and that is based on the memo as presented by the US Attorney’s office. Sen. Kamala Harris (CA): I think you’ve made it clear that you’ve not looked at…we can move on. I think you’ve made it clear Sir that you’ve not looked at the evidence and we can move on. 3:22:25 Attorney General William Barr: You know I haven’t been the only decision maker here. Now let’s take the Deputy Attorney General Rod Rosenstein who was approved by the Senate 94 to 6 with specific discussion on the floor that he would be responsible for supervising the Russian investing. Sen. Kamala Harris (CA): I’m glad you brought up that. That’s a great topic. Attorney General William Barr: He has 30 years experience and we had a number of senior prosecutors in the department involved in this process, both career and non-career. Sen. Kamala Harris (CA): Yes, I’ve, I’ve, I’ve, I’ve read a lot . I have another question and I’m glad you brought that subject up because I have a question about that. Earlier today in response to Senator Graham, you said quote “that you consulted with Rosenstein constantly” With respect to the special council’s investigation report, but Deputy Attorney General Rosenstein is also a key witness and the firing of FBI Director Comey. Did you consult with…? I’m not finished. Attorney General William Barr: Yeah? Sen. Kamala Harris (CA): Did you consult with DOJ Ethics officials before you enlisted Rod Rosenstein to participate in a charging decision for an investigation? The subject, of which; he is also a witness. Attorney General William Barr: My understanding was that he had been cleared already to participate in it. Sen. Kamala Harris (CA): So you had consulted with them and they cleared it? Attorney General William Barr: No, I think they cleared it when he took over the investigation. Did you consider?.. Attorney General William Barr: That’s my understanding? I am…I Sen. Kamala Harris (CA): You don’t know whether he’s been cleared of a conflict of interest? Attorney General William Barr: You would be participating if there was a conflict of interest. Sen. Kamala Harris (CA): So you’re saying that it did not need to be reviewed by the career ethics officials in your office? Attorney General William Barr: I believe, well I believe it was reviewed and I… Sen. Kamala Harris (CA): and what role should find…? Attorney General William Barr: I would also point out that this seems to be a bit of a flip flop because when the president’s supporters were challenging Rosenstein Sen. Kamala Harris (CA): I think in this case that you’re not answering the question directly. Attorney General William Barr: What? Sen. Kamala Harris (CA): Did the ethics officials in your office, in the Department of Justice, review the appropriateness of Rod Rosenstein being a part of making a charging decision on an investigation, which he is also a witness in? Attorney General William Barr: Yeah. So as I said, my understanding was he had been cleared and he had been cleared before I arrived. Sen. Kamala Harris (CA): In making a decision on the Mueller report? Attorney General William Barr: Yes. Sen. Kamala Harris (CA): And, and the findings of whether or not the case would be charged on obstruction of justice? Had he been cleared on that? Attorney General William Barr: He was, he was the acting Attorney General on the Mueller investigation. Sen. Kamala Harris (CA): Had he been cleared? Attorney General William Barr: He had been, I am… Sen. Kamala Harris (CA): By your side recommendation? Attorney General William Barr: I am informed before I arrived, he had been cleared by the ethics officials. Sen. Kamala Harris (CA): Of what? Attorney General William Barr: Serving as acting Attorney General on the Mueller case. Sen. Kamala Harris (CA): How about making a charging decision on obstruction of justice? Attorney General William Barr: That is what the acting… Sen. Kamala Harris (CA): With the lack of offenses, which include him as a witness? Attorney General William Barr: Yeah. He, that’s what the acting Attorney General’s job is. Sen. Kamala Harris (CA): To be a witness and to make the decision about being a prosecutor? Attorney General William Barr: Well. No. But the big charging decisions. Sen. Kamala Harris (CA): I have nothing else. My time has run out. 3:45:15 Sen. Patrick Leahy (VT): And President Trump. I am correcting my earlier statement, never allowed anybody to interview him directly under oath. Is that correct? Attorney General William Barr: I think that’s correct. Sen. Patrick Leahy (VT): Even though he said he’s ready to testify. Thank you. 3:45:42 Attorney General William Barr: The absence of an underlying crime doesn’t necessarily mean that there would be other motives for obstruction. Although, it gets a little bit harder to prove and more speculative as to what those motives might be. But the point I was trying to make earlier, is that in this situation of the president, (who has constitutional authority to supervise proceedings), if in fact a proceeding was not well founded. If it was a groundless proceeding, if it was based on false allegations, the president does not have to sit there constitutionally and allow it to run its course. The president could terminate that proceeding and it would not be a corrupt intent because he was being falsely accused and he would be worried about the impact on his administration. That’s important, because most of the obstruction claims that are being made here or, episodes, do involve the exercise of the president’s constitutional authority. And we now know that he was being falsely accused. 3:52:05 Attorney General William Barr: Right after March 5th, we started discussing what the implications of this were and how we would… Sen. Sheldon Whitehouse (RI): And you made the decision when? Attorney General William Barr: Uh, probably on Sunday the 24th. Sen. Sheldon Whitehouse (RI): That’s the day the letter came out? Attorney General William Barr: Yes. We made the decision… Sen. Sheldon Whitehouse (RI): And make the decision until the letter came out? Attorney General William Barr: No. No. Sen. Sheldon Whitehouse (RI): You must have told somebody how to write the letter, you couldn’t… Sen. Sheldon Whitehouse (RI): When did you actually decide that there was no obstruction? Attorney General William Barr: The 24th. Sen. Sheldon Whitehouse (RI): Okay. 3:52:35 Sen. Sheldon Whitehouse (RI): When did you get the first draft of the Mueller report? Attorney General William Barr: The, the first?.. It wasn’t a draft. We got the final. Sen. Sheldon Whitehouse (RI): The first version of it that you saw? Attorney General William Barr: Well, the only version of it I saw. Sen. Sheldon Whitehouse (RI): Okay, the only version for you Sir. When you do first? Attorney General William Barr: The 22nd Sen. Sheldon Whitehouse (RI): The 22nd 3:52:50 Sen. Sheldon Whitehouse (RI): Now you told Senator Harris that you made your decision on the obstruction charge, you and Rosenstein, based on the Mueller report. Did I correctly infer that you made that decision then between the 22nd and the 24th? Attorney General William Barr: Well, we had had a lot of discussions about it before the 22nd but then the final decision was made on the 24th Sen. Sheldon Whitehouse (RI): and you didn’t… Attorney General William Barr: We had more than two and a half days to consider this. LLC had already done a lot of thinking about some of these issues even before, uh, the…we got the report. 4:03:30 Sen. Richard Blumenthal (CT): This letter was an extraordinary act. A career prosecutor would rebuking the Attorney General of the United States memorializing in writing. Right? I know of no other incidents of that happening. Do you? Attorney General William Barr: Uh, I don’t consider Bob at this stage, a career prosecutor. He’s had a career as a prosecutor. Sen. Richard Blumenthal (CT): Well, he was a very eminent… Attorney General William Barr: Who was the head of the FBI for 12 years? Um… Sen. Richard Blumenthal (CT): He’s a career…He’s had a, he’s… law enforcement professional? Attorney General William Barr: Right? Yup. Sen. Richard Blumenthal (CT): I know of no other instances of… Attorney General William Barr: But he was also political appointee and he was a political appointee with me at the Department of Justice. I don’t, I, you know, the letters a bit snitty and I think it was probably written by one of his staff people. Sen. Richard Blumenthal (CT): Did you make a memorandum of your conversation? Attorney General William Barr: Huh? Sen. Richard Blumenthal (CT): Did you make a memory? Attorney General William Barr: No, I didn’t need anyone else around them. What? Sen. Richard Blumenthal (CT): Did anyone, either you or anyone on your staff memorialize your conversation with Robert Mueller? Attorney General William Barr: Yes. Sen. Richard Blumenthal (CT):Who did that? Attorney General William Barr: Uh, there were notes taken of the call. Sen. Richard Blumenthal (CT): May We have those notes? Attorney General William Barr: No. Sen. Richard Blumenthal (CT):Why not? Attorney General William Barr: Why should you have them? Hearing: Attorney General Barr News Conference on Mueller Report Release, Department of Justice, April 18, 2019. 4:00 Attorney General William Barr: As the Special Counsel’s report makes clear, the Russian government sought to interfere in our election. But thanks to the Special Counsel’s thorough investigation, we now know that the Russian operatives who perpetrated these schemes did not have the cooperation of President Trump or the Trump campaign – or the knowing assistance of any other Americans for that matter. 9:30 Attorney General William Barr: Special Counsel did not make a traditional prosecutorial judgment regarding this allegation. Instead, the report recounts ten episodes involving the President and discusses potential legal theories for connecting these actions to elements of an obstruction offense. After carefully reviewing the facts and legal theories outlined in the report, and in consultation with the Office of Legal Counsel and other Department lawyers, the Deputy Attorney General and I concluded that the evidence developed by the Special Counsel is not sufficient to establish that the President committed an obstruction-of-justice offense. 10:30 Attorney General William Barr: In assessing the President’s actions discussed in the report, it is important to bear in mind the context. President Trump faced an unprecedented situation. As he entered into office, and sought to perform his responsibilities as President, federal agents and prosecutors were scrutinizing his conduct before and after taking office, and the conduct of some of his associates. At the same time, there was relentless speculation in the news media about the President’s personal culpability. Yet, as he said from the beginning, there was in fact no collusion. And as the Special Counsel’s report acknowledges, there is substantial evidence to show that the President was frustrated and angered by a sincere belief that the investigation was undermining his presidency, propelled by his political opponents, and fueled by illegal leaks. Nonetheless, the White House fully cooperated with the Special Counsel’s investigation, providing unfettered access to campaign and White House documents, directing senior aides to testify freely, and asserting no privilege claims. And at the same time, the President took no act that in fact deprived the Special Counsel of the documents and witnesses necessary to complete his investigation. Apart from whether the acts were obstructive, this evidence of non-corrupt motives weighs heavily against any allegation that the President had a corrupt intent to obstruct the investigation. 18:00 Attorney General William Barr: But I will say that when we met with him, Deputy Attorney General Rosenstein and I met with him, along with Ed o’Callaghan, who is the principal associate deputy, on March 5th. We specifically asked him about the OLC opinion and whether or not he was taking a position that he would have found a crime but for the existence of the OLC opinion. And he made it very clear several times that that was not his position. He was not saying that but for the OLC opinion, he would have found a crime. He made it clear that he had not made the determination that there was a crime.” 19:30 Attorney General William Barr: And we don’t go through this process just to collect information and throw it out to the public. We collect this information. We use that compulsory process for the purpose of making that decision. And because the special counsel did not make that decision, we felt the department had to. That was a decision by me and the deputy attorney general. 20:15 Attorney General William Barr: Well, special counsel Mueller did not indicate that his purpose was to leave the decision to Congress. I hope that was not his view, since we don’t convene grand juries and conduct criminal investigations for that purpose. He did not – I didn’t talk to him directly about the fact that we were making the decision, but I am told that his reaction to that was that it was my prerogative as attorney general to make that decision. Hearing: Justice Department Fiscal Year 2020 Budget Request, House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, April 9, 2019. 1:07:10 Rep. Charlie Crist (FL): Reports have emerged recently, General, that members of the Special Council’s team are frustrated at some level with the limited information included in your March 24th letter, that it does not adequately or accurately necessarily portray the report’s findings. Do you know what they’re referencing with that? Attorney General William Barr: No, I don’t. I suspect that they probably wanted more put out. Hearing: Michael Cohen Testimony, House Oversight Committee, February 27, 2019. 4:01:34 Rep. Mark DeSaulnier (CA): On January 17 of this year, the Wall Street Journal published a story stating that you hired John Gauger, the owner of a consulting company who works for Liberty University in Virginia, to rig at least two online polls related to Donald Trump. Did you hire him? Michael Cohen: Those were back in I believe 2015? Rep. Mark DeSaulnier (CA): 2014. Michael Cohen: 2014. Rep. Mark DeSaulnier (CA): 2014. So you did hire him? Michael Cohen: Yes. I spoke with Mr. Gauger about manipulating these online polls. Rep. Mark DeSaulnier (CA): And did he use bots to manipulate the poll? Michael Cohen: He used algorithms and if that includes bots then the answer’s yes. Rep. Mark DeSaulnier (CA): Yes. That’s accurate. Did the president have any involvement Michael Cohen: Yes. Rep. Mark DeSaulnier (CA): In directing you to do this? Michael Cohen: Yes. Rep. Mark DeSaulnier (CA): What were the results of the poll Michael Cohen: Exactly where we wanted them to be. In the CNBC poll, we came in at number nine. And the Drudge Report, he was top of the Drudge Report as well. 4:50:20 Michael Cohen: So there was a contract that I ended up creating Mr Trump’s behalf for a Ukrainian oligarch by the name of Victor Pinchuk. And it was that Mr. Trump was asked to come into participate in what was the Ukrainian American Economic Forum. Unfortunately, he wasn’t able to go, but I was able to negotiate 15 minutes by Skype where they would have a camera, very much like a television camera, very much like that one. And they would translate Mr. Trump to the questionnaire and then he would respond back. And I negotiated a fee of $150,000 for 15 minutes. I was directed by Mr. Trump to have the contract done in the name of the Donald J. Trump foundation as opposed to Donald J. Trump or services rendered. Hearing: FBI Oversight, Senate Judicary Committee, May 3, 2017. Witnesses: James Comey: FBI Director Sound Clips: *2:27:00: Sen. Richard Blumenthal (CT): So potentially the President of the United States could be a target of your ongoing investigation into the Trump campaign’s involvement with Russian interference in our election. Correct? FBI Director James Comey: I just worry… I don’t want to answer that because it seems to be unfair speculation. We will follow the evidence. We’ll try and find as much as we can and we’ll follow the evidence where it leads. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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Congressional Dish
CD196: The Mueller Report

Congressional Dish

Play Episode Listen Later May 19, 2019 148:07


We finally have the facts. The two year long investigation, lead by Robert Mueller, into whether or not the 2016 Donald Trump for President campaign worked with members of the Russian government to steal and release Democratic Party emails is now complete. In this episode, after reading every word of the 448 page report, Jen breaks what the facts indicate Donald Trump did and did not do so that we can all be "in the know" for the Congressional battles with the President that are sure to come. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Official Mueller Report Jen Briney's highlighted version Interactive Mueller Report from The New York Times Justice Department's pdf version  Additional Reading   Article: Roger Stone/ Mueller Report: 448 pages with 900 redactions by Elaine Godfrey, The Atlantic, May 1, 2019. Document: Official Mueller Report U.S. Department of Justice, March 2019. Document: Interactive NYT Mueller report  New York Times, March 2019. Article: Taibbi: As Mueller Probe Ends,New Russiagate Myth Begins by Matt Taibbi, RollingStone, March 25, 2019.  Article: Cohen Hired IT Firm to Rig Early CNBC, Drudge Polls to Favor Trump by Michael Rothfeld, Rob Barry and Joe Palazzolo, Washington Post, January 17, 2019. Article: Trump Dodges Question on Fox News if He's a Russian Asset by Audrey McNamara, The Daily Beast, January 13, 2019. Article: Trump is Compromised by Russia by Michele Goldberg, NY Times, November 29, 2018. Article: Text with Roger Stone’s name (Volume II, pg 128), by Marisa Schultz and Nikki Schwab, New York Post, November 28, 2018. Article: Roger Stone Associate says He won't agree to Plea Deal by Sara Murray and Eli Watkins, CNN, November 26, 2018. Article: 14 States Forgo Paper Ballots, Despite Security Warnings by Gopal Ratnam, Government Technology, October 31, 2018. Article: Will Trump be Meeting his Russian Counterpart or Handler? by Jonathon Chait, NY Intelligencer, July 2018. Transcript: Remarks by President Trump in Press Gaggle The White House, June 15, 2018. Article: Rudy Giulani says Mueller Probe might Get Cleaned up with Presidential Pardons by Chris Somerfeldt, NY Daily News, June 15, 2018 Article: Michael Cohen has said he would take a bullet for Trump by Honorable Maggie Haberman, Sharon LaFriere and  Danny Hakim, NY Times, April 20, 2018. Article: Russians Turned Away at Seattle Consulate After Trump announces Closure  by Evan Bush, Christine Clarridge, Dominic Gates and Hal Bernton, The Seattle Times, March, 26 2018. Article: It's Official: Russiagate is this Generation's WMD  by Matt Taibbi, Substack, March 23, 2018. Article: Russian Tweets used as sources for Partisan Opinion study by Josephine Lukito and Chris Wells, Columbia Journalism Review, March 8, 2018. Article: Cable News Ad Revenue up 25 Percent  by Joe Concha, The Hill, February 23, 2018. Document: Transcript of December 13, 2017 Rosenstein hearing by Committee of the Judiciary House of Representative U.S. Congress, December 13, 2017. Article: In Retaliations, US Orders Russian to Close Consulate in San Francisco  by  Mark Landler and Gardiner Harris, NY Times, August, 31 2017. Article: Excerpts from Interview with Trump  by Stephen Crowley, NY Times, July 19, 2017. Document: Transcript of June 8, 2017 Comey hearing by Select Committee on Intelligence U.S. Senate, June 8, 2017. Article: Comey, Mueller and the Showdown at John Ashcroft's Hospital Bed by Colleen Shalby, LA Times, May 17, 2017. Document: Statement from Press Secretary regarding James Comey's Testimony White House U.S. Press Secretary, May 9, 2017. Article: Sessions Met with Russian Ambassador During Trumps Presidential Campaign by Adam Entous, Ellen Naskashima and Greg Miller, The Washington Post, March 1, 2017 Article: National Security Advisor Flynn Discussed Sanctions with Russian Ambassador Despite Denials by Greg Miller, Adam Entous and Ellen Nakashima Washington Post, February 9, 2017. Document: Steele Dossier Confidential, by Mark Schoofs, BuzzFeed, October 19, 2016. Article: Wiki Leaks to Publish More Hilary Emails by Mark Tran, The Guardian, June 12, 2016. Article: Panel Told of a Sickbed Face-Off by Richard Schmitt, LA Times, May 16, 2007. Resources Press Gaggle Transcript: Remarks by President Trump in Press Gaggle, June 15, 2018 Hearing Transcript: Oversight Hearing with Deputy Attorney General Rod Rosenstein, December 13, 2017 Hearing Transcript: Open Hearing with Former FBI Director James Comey, June 8, 2017 Report: Steele Dossier, Company Intelligence Report 2016/080 Statement Transcript: Statement from the Press Secretary, May 9, 2017   Visual Resources Sound Clip Sources Hearing: Michael Cohen Testimony Before House Oversight Committee, C-SPAN, February 27, 2019. Sound Clips: 33:31 Michael Cohen: You need to know that Mr. Trump’s personal lawyers reviewed and edited my statement to Congress about the timing of the Moscow Tower negotiations before I gave it. 33:44 Michael Cohen: To be clear, Mr. Trump knew of and directed the Trump Moscow negotiations throughout the campaign and lied about it. He lied about it because he never expected to win. He also lied about it because he stood to make hundreds of millions of dollars on the Moscow real estate project. 39:21 Michael Cohen: Donald Trump is a man who ran for office to make his brand great, not to make our country great. He had no desire or intention to lead this nation, only to market himself and to build his wealth and power. Mr. Trump would often say this campaign was going to be greatest infomercial in political history. He never expected to win the primary. He never expected to win the general election. The campaign, for him, was always a marketing opportunity. 43:50 Michael Cohen: Mr. Trump directed me to find a straw man to purchase a portrait of him that was being auctioned off at an art Hampton’s event. The objective was to ensure that this portrait, which was going to be auctioned last, would go for the highest price of any portrait that afternoon. The portrait was purchased by the fake bidder for $60,000. Mr. Trump directed the Trump Foundation, which is supposed to be a charitable organization, to repay the fake bidder, despite keeping the art for himself. 48:50 Michael Cohen: When I say con man, I'm talking about a man who declares himself brilliant, but directed me to threaten his high school, his colleges, and the College Board to never release his grades or SAT scores. 53:09 Michael Cohen: Mr. Trump had frequently told me and others that his son Don Jr had the worst judgment of anyone in the world. 55:31 Michael Cohen: And by coming today, I have caused my family to be the target of personal scurrilous attacks by the president and his lawyer trying to intimidate me from appearing before this panel. 56:30 Michael Cohen: And I hope this committee and all members of Congress on both sides of the aisle make it clear that as a nation, we should not tolerate attempts to intimidate witnesses before Congress and attacks on family are out of bounds and not acceptable. 2:10:30 Michael Cohen: And when Mr. Trump turned around early in the campaign and said, I can shoot somebody on Fifth Avenue and get away with it, I want to be very clear. He's not joking. He's telling you the truth. You don't know him. I do. I sat next to this man for 10 years and I watched his back. 2:11:13 Michael Cohen: And when he goes on Twitter and he starts bringing in my in-laws, my parents, my wife, what does he think is going to happen? He's causing... He's sending out the same message that he can do whatever he wants. This is his country. He's becoming an autocrat and hopefully something bad will happen to me or my children and my wife so that I will not be here and testify. That's what his hope was. To intimidate me. 2:11:46 Rep. Jim Cooper (TN): Have you ever seen Mr. Trump personally threaten people with physical harm? Michael Cohen: No. He would use others. 2:12:00 Michael Cohen: Everybody’s job at the Trump organization is to protect Mr. Trump 2:12:07 Michael Cohen: Every day. Most of us knew we were coming in and we were going to lie for him on something, and that became the norm, and that's exactly what's happening right now in, in this country. That's exactly what's happening here in government. 4:10:30 Rep. Brenda Lawrence (MI): Mr Cohen, why do you feel or believe that the president is repeatedly attacking you? You are stating that you feel intimidated asking us to protect you following your cooperation with law enforcement. Michael Cohen: When you have access to 60 plus million people that follow you on social media and you have the ability within which to spark some action by individuals that follow and follow him and from his own words that he can walk down Fifth Avenue, shoot someone and get away with it. It's never comfortable when the President of the United States… Rep. Brenda Lawrence (MI): What do you think he can do to you? Michael Cohen: A lot. And it's not just him, it's those people that follow him in his rhetoric. Rep. Brenda Lawrence (MI): What is a lot? Michael Cohen: I don't know. I don't walk with my wife. If we go to a restaurant or we go somewhere, I don't walk with my children. I make them go before me because I have fear and it's the same fear that I had before when he initially decided to drop that tweet in my cell phone. I receive some, and I'm sure you, you'll understand. I received some tweets. I received some Facebook messenger, all sorts of social media attacks upon me, whether it's the private direct message that I've had to turn over to secret service because they are the most vile, disgusting statements that anyone can ever receive. And when it starts to affect your children, that's when it really affects you. Interview: Trump joins Judge Jeanine for a phone interview to give an update on where Washington is at with the border crisis, Fox News, January 12, 2019. Sound Clip: 15:00 President Donald Trump: Look, I was a client of his, and you know, you're supposed to have lawyer-client privilege, but it doesn't matter because I'm a very honest person, frankly, but he's in trouble on some loans and fraud and taxi cabs and stuff that I know nothing about and in order to get a sentence reduced, he says, "I have an idea, I'll give you some information on the president." Well, there is no information, but he should give information, maybe on his father in law because that's the one that people want to look at because where does that money? That's the money in the family. And I guess he didn't want to talk about his father in law. He's trying to get his sentence reduced. Press Conference: President Trump Accuses Personal Lawyer Michael Cohen of Lying, C-SPAN, November 29, 2018. Sound Clip: 1:00 President Donald Trump: He was convicted of various things unrelated to us. He was given a fairly long jail sentence and he’s a weak person. And by being weak, unlike other people that you watch - he is a weak person. And what he’s trying to do is get a reduced sentence. So he’s lying about a project that everybody knew about. Interview: Interview with Ainsley Earhardt on Fox & Friends, YouTube, August 23, 2018. Sound Clips: Ainsley Earhardt:What grade do you give yourself so far? President Donald Trump: So, I give myself an A+. Ainsley Earhardt: Will you fire Sessions? President Donald Trump: I'll tell you what, as I've said, I wanted to stay uninvolved, but when everybody sees what's going on in the Justice Department - I put "Justice" now in quotes - It's a very, very sad day. Jeff Sessions recused himself, which he shouldn't have done, or he should have told me. Even my enemies say that Jeff sessions should have told you that he was going to recuse himself and then you wouldn't have put him in. He took the job and then he said, "I'm going to recuse myself." I said, "What kind of a man is this?" And by the way, he was on the campaign and you know, the only reason I gave him the job, because I felt loyalty. He was an original supporter. President Donald Trump: He makes a better deal when he uses me, like everybody else, and one of the reasons I respect Paul Manafort so much is he went through that trial... You know, they make up stories. People make up stories. This whole thing about flipping, they call it, I know all about flipping. For 30, 40 years, I've been watching flippers. Everything's wonderful, and then they get 10 years in jail and they flip on whoever the next highest one is, or as high as you can go. It almost ought to be outlawed. It's not fair. Press Briefing: President Trump Remarks on John Brennan and Mueller Probe, C-SPAN, August 17, 2018. Sound Clip: President Donald Trump: I think the whole Manafort trial is very sad when you look at what’s going on there. I think it’s a very sad day for our country. He worked for me for a very short period of time. But you know what, he happens to be a very good person. And I think it’s very sad what they’ve done to Paul Manafort. News Report: State of the Union with Jake Tapper, CNN, YouTube, June 17, 2018. Transcript 9:30 Jake Tapper: How do you respond to critics who say you discussing it on TV, you discussing it with the New York Daily News, President Trump tweeting, that you're sending a signal to defendants in a criminal prosecution that a pardon is out there. It might be on its way. Some people think that this is the president and you suggesting that - signaling really, - don't cooperate with prosecutors because the pardon is there if you'll just hold on. Rudy Giuliani: Jake, I don't think that's the interpretation. It's certainly not intended that way. What it should be... I'll tell you what I clearly mean. What I mean is you're not going to get a pardon just because you're involved in this investigation. You probably have a higher burden if you're involved in this investigation as compared to the others who get pardons but you're certainly not excluded from it if, in fact, the president and his advisors, not me, come to the conclusion that you've been treated unfairly. Press Conference: President Trump gives off-the-cuff news conference on White House lawn, CNBC, June 15, 2018. Transcript Sound Clips: 6:30 Reporter: So there’s some high-profile court cases going on. You’ve got a former campaign manager, your former lawyer. They’re all dealing with legal troubles. Are you paying close attention — President Donald Trump: Well, I feel badly about a lot of them, because I think a lot of it is very unfair. I mean, I look at some of them where they go back 12 years. Like Manafort has nothing to do with our campaign. But I feel so — I tell you, I feel a little badly about it. They went back 12 years to get things that he did 12 years ago? 8:50 Reporter: Is he still your lawyer? President Donald Trump: No, he’s not my lawyer anymore. But I always liked Michael, and he’s a good person. And I think he’s been — Reporter: Are you worried he will cooperate? President Donald Trump: Excuse me, do you mind if I talk? Reporter: I just want to know if you’re worried — President Donald Trump: You’re asking me a question; I’m trying to ask it. Reporter: I just want to know if you’re worried if he’s going to cooperate with federal investigators. President Donald Trump: No, I’m not worried because I did nothing wrong. White House Briefing: President Trump receives a briefing from Military Leadership, YouTube, April 9, 2018. Transcript Sound Clips: President Donald Trump: So I just heard that they broke into the office of one of my personal attorneys — a good man. And it’s a disgraceful situation. It’s a total witch hunt. I’ve been saying it for a long time. I’ve wanted to keep it down. We’ve given, I believe, over a million pages’ worth of documents to the Special Counsel. They continue to just go forward. And here we are talking about Syria and we’re talking about a lot of serious things. We’re the greatest fighting force ever. And I have this witch hunt constantly going on for over 12 months now. President Donald Trump: The Attorney General made a terrible mistake when he did this, and when he recused himself. Or he should have certainly let us know if he was going to recuse himself, and we would have used a — put a different Attorney General in. So he made what I consider to be a very terrible mistake for the country. But you’ll figure that out. Hearing: Facebook, Google, and Twitter Executives on Russia Election Interference, Senate Intelligence Committee, C-SPAN, November 1, 2017. Sound Clips: 1:49:24 Sen. Roy Blunt (MO): Mr. Stretch, how much money did the Russians spend on ads that we now look back as either disruptive or politically intended? It was at $100,000. Is that— Colin Stretch: It was approximately $100,000. Blunt: I meant from your company. Stretch: Yes, approximately $100,000. Blunt: How much of that did they pay before the election? Stretch: The— Blunt: I’ve seen the— Stretch: Yeah. Blunt: —number 44,000. Blunt: Is that right? Stretch: So— Blunt: 56 after, 44 before. Stretch: The ad impressions ran 46% before the election, the remainder after the election. Blunt: 46%. Well, if I had a consultant that was trying to impact an election and spent only 46% of the money before Election Day, I’d be pretty upset about that, I think. So, they spent $46,000. How much did the Clinton and Trump campaigns spend on Facebook? I assume before the election. Stretch: Yeah. Before the elec— Blunt: They were better organized than the other group. Stretch: Approximate—combined approximately $81 million. Blunt: 81 million, and before the election. Stretch: Yes. Blunt: So, 81 million. I’m not a great mathematician, but 46,000, 81 million, would that be, like, five one-thousandths of one percent? It’s something like that. Stretch: It’s a small number by comparison, sir. Hearing: Russian Interference in 2016 Election, Senate Intelligence Committee, C-SPAN, June 8, 2017. Witness: James Comey - Former FBI Director Sound Clips: 48:20 Senator James Risch (ID): You put this in quotes. Words matter. You wrote down the words so we can all have the words in front of us now. There’s 28 words there that are in quotes, and it says, quote, ‘‘I hope’’—this is the President speaking—‘‘I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.’’Now those are his exact words, is that correct? James Comey:: Correct. Senator RISCH: And you wrote them here and you put them in quotes? Director COMEY: Correct. Senator RISCH: Okay. Thank you for that. He did not direct you to let it go? Director COMEY: Not in his words, no. Senator RISCH: He did not order you to let it go? Director COMEY: Again, those words are not an order. Senator RISCH: No. He said, ‘‘I hope.’’ Now, like me, you probably did hundreds of cases, maybe thousands of cases, charging people with criminal offenses. And of course you have knowledge of the thousands of cases out there where people have been charged. Do you know of any case where a person has been charged for obstruction of justice or, for that matter, any other criminal offense, where they said or thought they hoped for an outcome? Director COMEY: I don’t know well enough to answer. And the reason I keep saying his words is I took it as a direction. Senator RISCH: Right. Director COMEY: I mean, this is the President of the United States with me alone, saying, ‘‘I hope’’ this. I took it as this is what he wants me to do. I didn’t obey that, but that’s the way I took it. 54:18 Sen. Diane Feinstein (CA): You described two phone calls that you re- ceived from President Trump, one on March 30 and one on April 11, where he, quote, ‘‘described the Russia investigation as a cloud that was impairing his ability,’’ end quote, as President and asked you, quote, ‘‘to lift the cloud,’’ end quote. How did you interpret that? And what did you believe he wanted you to do? Director COMEY: I interpreted that as he was frustrated that the Russia investigation was taking up so much time and energy, I think he meant of the Executive Branch, but in the public square in general, and it was making it difficult for him to focus on other priorities of his. But what he asked me was actually narrower than that. So I think what he meant by the cloud, and again I could be wrong, but what I think he meant by the cloud was the entire investigation is taking up oxygen and making it hard for me to focus on the things I want to focus on. The ask was to get it out that I, the President, am not personally under investigation. 1:17:17 Sen. Susan Collins (ME): And was the President under investigation at the time of your dismissal on May 9th? James Comey: No. 1:30:15 James Comey: On March the 30th, and I think again on—I think on April 11th as well, I told him we’re not investigating him personally. That was true. 1:39:10 Sen. Angus King (ME): And in his press conference on May 18th, the President was asked whether he had urged you to shut down the investigation into Michael Flynn. The President responded, quote, ‘‘No, no. Next question.’’ Is that an accurate statement? James Comey: I don’t believe it is. 1:48:15 James Comey: I think there’s a big difference in kicking superior officers out of the Oval Office, looking the FBI Director in the eye, and saying, ‘‘I hope you’ll let this go.’’ I think if our—if the agents, as good as they are, heard the President of the United States did that there’s a real risk of a chilling effect on their work. 2:21:35 Sen. Jack Reed (RI): You interpret the discussion with the President about Flynn as a direction to stop the investigation. Is that correct? James Comey: Yes. 2:24:25 James Comey: I know I was fired because something about the way I was conducting the Russia investigation was in some way putting pressure on him, in some way irritating him, and he decided to fire me because of that. I can’t go farther than that. 2:26:00 James Comey: There’s no doubt that it’s a fair judgment, it’s my judgment, that I was fired because of the Russia investigation. I was fired in some way to change—or the endeavor was to change the way the Russia investigation was being conducted. Interview: Lester Holt Exclusive Interview with President Trump, NBC News, May 11, 2017. Sound Clips: President Donald Trump: Look, he's a show boat. He's a grandstander. The FBI has been in turmoil. You know that. I know that. Everybody knows that. You take a look at the FBI a year ago, it was in virtual turmoil less than a year ago. It hasn't recovered from that. Lester Holt: Monday you met with the Deputy Attorney General Rod Rosensteinn. President Donald Trump: Right. Lester Holt: Did you ask for recommendation? President Donald Trump: What I did is I was going to fire Comey. My decision. It was not... Lester Holt: You had made the decision before they came... President Donald Trump: I was going to fire Comey. There's no good time to do it, by the way. Lester Holt: Because in your letter, you said, I accepted their recommendation, so you had already made the decision? President Donald Trump: Oh, I was going to fire regardless of recommendation. President Donald Trump: And in fact, when I decided to just do it, I said to myself, I said, you know, this Russia thing with Trump and Russia is a made up story. It's an excuse by the Democrats for having lost an election that they should have won. Lester Holt: Let me ask you about your termination letter to Mr. Comey. You write, "I greatly appreciate you informing me on three separate occasions that I am not under investigation." Why did you put that in there? President Donald Trump: Because he told me that, I mean he told me... Lester Holt: He told you you weren't under investigation with regard to the Russian investigation? President Donald Trump: I've heard that from others. I think... Lester Holt: Was it in a phone call? Did you meet face to face? President Donald Trump: I had a dinner with him. He wanted to have dinner because he wanted to stay on. We had a very nice dinner at the White House. Lester Holt: He asked for the dinner? President Donald Trump: The dinner was arranged, I think he has for the dinner and he wanted to stay on as the FBI head and I said, I'll consider, we'll see what happens. But we had a very nice dinner and at that time he told me, you are not under investigation. Which I knew anyway. Lester Holt: That was one meeting. What were the other two? President Donald Trump: First of all, when you're under investigation, you're giving all sorts of documents and everything. I knew I wasn't under and I heard it was stated at the committee, at some committee level, that I wasn't. Number one. Then during the phone call, he said it and then during another phone call. He said it. So he said it once at dinner and then he said it twice doing phone calls. Lester Holt: Did you call him? President Donald Trump: In one case I called him. In one case he called me. Lester Holt: And did you ask him I under investigation? President Donald Trump: I actually asked him, yes. I said, if it's possible when you let me know, am I under investigation? He said, "You are not under investigation." Lester Holt: But he's, he's given sworn testimony that there was an ongoing investigation into the Trump campaign and possible collusion with the Russian government. You were the centerpiece of the Trump campaign, so was he being truthful when he said that you weren't under investigation? President Donald Trump: Well, I know one thing. I know that I'm not under investigation. Me. Personally. I'm not talking about campaigns. I'm not talking about anything else. I'm not under investigation. President Donald Trump: He's not my man or not my man. I didn't appoint him. He was appointed long before me. President Donald Trump: There was no collusion between me and my campaign and the Russians. The other thing is the Russians did not affect the vote and everybody seems to think that. Lester Holt: But when you put out tweets, it's a total hoax. It's a taxpayer's charade. And you're looking for a new FBI director. Are you not sending that person a message to lay off? President Donald Trump: No, I'm not doing that. I think that we have to get back to work, but I want to find out, I want to get to the bottom. If Russia hacked, if Russia did anything having to do with our election, I want to know about. White House Press Briefing: Sarah Sanders Daily Press Briefing, White House, May 10, 2017. Transcript Oversight Hearing: FBI Oversight, Senate Judiciary Committee, C-SPAN, May 3, 2017. Witness: James Comey - FBI Director Sound Clips: 57:19 Sen. Patrick Leahy (VT): In October, the FBI was investigating the Trump campaign's connection to Russia. You sent a letter informing the Senate and House that you are reviewing additional emails. It could be relevant to this, but both of those cases are open, but you're still only commented on one. FBI Director James Comey: I commented, as I explained earlier on October 28th in a letter that I sent to the chair and rankings of the oversight committees that we were taking additional steps in the Clinton email investigation because I had testified under oath repeatedly that we were done, that we were finished there. With respect to the Russia investigation, we treated it like we did with the Clinton investigation. We didn't say a word about it until months into it. And then the only thing we've confirmed so far about this is - same thing with the Clinton investigation - that we are investigating and I would expect we're not going to say another peep about it until we're done. 1:47:32 Sen. Al Franken (MN): Any investigation into whether the Trump campaign or Trump operation colluded with Russian operatives would require a full appreciation of the president's financial dealings. Director Comey, would president Trump's tax returns be material to such an investigation? FBI Director James Comey: That's not something, Senator, I'm going to answer. Sen. Al Franken (MN): Does the investigation have access to President Trump's tax returns? FBI Director James Comey: I have to give you the same answer. Again, I hope people don't over interpret my answers, but I just don't want to start talking about anything...What we're looking at and how. 2:00:15 FBI Director James Comey: The current investigation with respect to Russia, we've confirmed it. The Department of Justice authorized me to confirm that exists. We're not going to say another word about it until we're done. 2:11:30 Sen. Mazie Hirono (HI): You do confirm that there is still an ongoing investigation of the Trump campaign and their conduct with regard to Russian efforts to undermine our elections? FBI Director James Comey: We're conducting an investigation to understand whether there was any coordination between the Russian efforts and anybody associated with the Trump campaign. Sen. Mazie Hirono (HI): So since you've already confirmed that such an investigation is ongoing, can you tell us more about what constitutes that investigation? FBI Director James Comey: No. 2:25:40 Sen. Richard Blumenthal (CT): You have confirmed, I believe that the FBI is investigating potential ties between Trump associates and the Russian interference in the 2016 campaign, correct? FBI Director James Comey:Yes. Sen. Richard Blumenthal (CT): And you have not, to my knowledge, ruled out anyone in the Trump campaign as potentially a target of that criminal investigation. Correct? FBI Director James Comey: Well, I haven't said anything publicly about who we've opened investigations on. I've briefed the chair and ranking on who those people are. And so I, I can't, I can't go beyond that in this setting. Sen. Richard Blumenthal (CT): Have you ruled out anyone in the campaign that you can disclose? FBI Director James Comey: I don't feel comfortable answering that senator, because I think it puts me on a slope to talking about who we're investigating. Sen. Richard Blumenthal (CT): Have you ruled out the president United States? FBI Director James Comey: I don't want people to over-interpret this answer. I'm not going to comment on anyone in particular because that puts me down a slope of... Cause if I say no to that, then I have to answer succeeding questions. So what we've done is brief the chair and ranking on who the U.S. persons are that we've opened investigations on. And that's, that's as far as we're going to go with this point. Sen. Richard Blumenthal (CT): But as a former prosecutor, you know that when there's an investigation into several potentially culpable individuals, the evidence from those individuals and the investigation can lead to others. Correct? FBI Director James Comey: Correct. We're always open minded about, and we follow the evidence wherever it takes us. Sen. Richard Blumenthal (CT): So potentially the President of the United States could be a target of your ongoing investigation into the Trump campaign's involvement with Russian interference in our election. Correct? FBI Director James Comey: I just worry... I don't want to answer that because it seems to be unfair speculation. We will follow the evidence. We'll try and find as much as we can and we'll follow the evidence where it leads. Interview: Interview with President Trump, Fox Business Network, YouTube, April 12, 2017. Sound Clip: 5:30 Maria Bartiromo: Was it a mistake not to ask Jim Comey to step down from the FBI at the outside of your presidency, is it too late now to ask him to step down? President Donald Trump: No, it's not too late. But I have confidence at him, we'll see what happens. It's going to be interesting Interview: Face the Nation interviews Vice-President elect Mike Pence, YouTube, January 15, 2017. Transcript Sound Clip: 8:48 John Dickerson: It was reported by David Ignatius that the incoming national security advisor Michael Flynn was in touch with the Russian ambassador on the day the United States government announced sanctions for Russian interference with the election. Did that contact help with that Russian kind of moderate response to it? That there was no counter-reaction from Russia. Did the Flynn conversation help pave the way for that sort of more temperate Russian response? Vice President-elect Mike Pence: I talked to General Flynn about that conversation and actually was initiated on Christmas Day he had sent a text to the Russian ambassador to express not only Christmas wishes but sympathy for the loss of life in the airplane crash that took place. It was strictly coincidental that they had a conversation. They did not discuss anything having to do with the United States’ decision to expel diplomats or impose censure against Russia. Hearing: Jeff Sessions for Attorney General Confirmation, Senate Judiciary Committee, C-SPAN, January 10, 2017. Clip: Jeff Sessions Didn't Disclose 2016 Meetings with Russian Ambassador Sound Clips: Sen. Al Franken (MN): If there is any evidence that any one affiliated with the Trump campaign communicated with the Russian government in the course of this campaign, what will you do? Sen. Jeff Sessions (AL): Senator Franken, I'm not aware of any of those activities. I have been called a surrogate at a time or two in that campaign, and I didn't have not have communications with the Russians and I'm unable to comment on it. Campaign Speech clip: Trump: I could shoot somebody and not lose voters", Iowa Campaign Rally, CNN, January 23, 2016. Sound Clips: Donald Trump: I have the most loyal people. Did you ever see that? Where I could stand in the middle of 5th Avenue and shoot somebody and I wouldn’t lose any voters. Okay? It’s like, incredible. Interview: Trump says Clinton policy on Syria would lead to World War Three, Steve Holland, Reuters, October 25, 2016. National Security Address: Hilary Clinton Speaking at the Council on Foreign Relations, C-SPAN, November 19, 2015. Transcript Sound Clip: Hillary Clinton: So we need to move simultaneously toward a political solution to the civil war that paves the way for a new government with new leadership and to encourage more Syrians to take on ISIS as well. To support them, we should immediately deploy the special operations force President Obama has already authorized and be prepared to deploy more as more Syrians get into the fight, and we should retool and ramp up our efforts to support and equip viable Syrian opposition units. Our increased support should go hand in hand with increased support from our Arab and European partners, including Special Forces who can contribute to the fight on the ground. We should also work with the coalition and the neighbors to impose no-fly zones that will stop Assad from slaughtering civilians and the opposition from the air. Video: Gonzalez: Pressured Hospitalized Ashcroft to OK Spying, James Comey Testifying before Senate Judiciary Committee, YouTube, May 15, 2007. Community Suggestions See Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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Congressional Dish
CD195: Yemen

Congressional Dish

Play Episode Listen Later Apr 28, 2019 152:18


Yemen: Most of us don't know where that is but we Americans have been participating in a war there since 2015. In a surprise move, the 116th Congress recently put a resolution on President Trump's desk that would LIMIT our participation in that war. In this episode, learn about our recent history in Yemen: Why are we involved? When did our involvement start? What do we want from Yemen? And why is Congress suddenly pursuing a change in policy? In the second half of the episode, Jen admits defeat in a project she's been working on and Husband Joe joins Jen for the thank yous. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD167: Combating Russia (NDAA 2018) LIVE CD131: Bombing Libya CD102: The World Trade Organization: COOL? Additional Reading Article: Hurricane Michael upgraded to a Category 5 at time of U.S. landfall, NOAA, April 19, 2019. Article: US carries out first airstrikes in Yemen in nearly 3 months by Ryan Browne, CNN, April 1, 2019. Article: The assassination of Jamal Khashoggi by Joyce Lee and Dalton Bennett, The Washington Post, April 1, 2019. Article: Trump revokes Obama rule on reporting drone strike deaths, BBC News, March 7, 2019. Article: US carried out 36 airstrikes in Yemen last year by Andrew Kennedy, The Defense Post, January 7, 2019. Article: See no evil: Pentagon issues blanket denial that it knows anything about detainee abuse in Yemen by Alex Emmons, The Intercept, January 7, 2019. Report: Senate bucks Trump's Saudi approach by Jeff Abramson, Arms Control Association, January/February 2019. Article: Saudi strikes, American bombs, Yemeni suffering by Derek Watkins and Declan Walsh, The New York Times, December 27, 2018. Article: The wooing of Jared Kushner: How the Saudis got a friend in the White House by David D. Kirkpatrick, Ben Hubbard, Mark Landler, and Mark Mazzetti, The New York Times, December 8, 2018. Report: Saudi lobbyists bout 500 nights at Trump's DC hotel after 2016 election by John Bowden, The Hill, December 5, 2018. Article: Hidden toll of US drone strikes in Yemen: Nearly a third of deaths are civilians, not al-Quaida by Maggie Michael and Maad al-Zikry, Military Times, November 14, 2018. Article: Jamal Khashoggi's friends in Washington are in shock by Scott Nover, The Atlantic, October 12, 2018. Report: Catastrophic Hurricane Michael strikes Florida Panhandle, National Weather Service, October 10, 2018. Article: Yemen's President Hadi heads to US for medical treatment, Aljazeera, September 3, 2018. Article: Bab el-Mandeb, an emerging chokepoint for Middle East oil flows by Julian Lee, Bloomberg, July 26, 2018. Report: YEM305: Unknown reported killed, The Bureau of Investigative Journalism, March 29, 2018. Article: Yemen: Ex-President Ali Abdullah Saleh killed, Aljazeera, December 10, 2017. Article: In Yemen's secret prisons, UAE tortures and US interrogates by Maggie Michael, AP News, June 22, 2017. Report: Yemen: UAE backs abusive local forces, Human Rights Watch, June 22, 2017. Article: What we know about Saudi Arabia's role in 9/11 by Simon Henderson, Foreign Policy, July 18, 2016. Report: Yemen: Background and U.S. relations by Jeremy M. Sharp, Congressional Research Service, February 11, 2015. Article: How al Qaeda's biggest enemy took over Yemen (and why the US government is unlikely to support them) by Casey L. Coombs and Jeremy Scahill, The Intercept, January 22, 2015. Report: Yemen protests erupt after fuel price doubled, Aljazeera, July 30, 2014. Article: U.S. charges saudi for 2002 oil tanker bombing by MAREX, Feburary 6, 2014. Report: "Between a Drone and Al-Qaeda": The civilian cost of US targeted killings in Yemen, Human Rights Watch, October 22, 2013. Article: Yemen: Opposition leader to be sworn in Saturday by Reuters, The New York Times, December 7, 2011. Article: Yemen's Saleh signs deal to give up power by Marwa Rashad, Reuters, November 23, 2011. Article: Yemen's leader agrees to end 3-decade rule by Kareem Fahim and Laura Kasinof, The New York Times, November 23, 2011. Article: Yemeni president's shock return throws country into confusion by Tom Finn, The Guardian, September 23, 2011. Article: Yemen: President Saleh 'was injured by palace bomb', BBC News, June 23, 2011. Article: Government in Yemen agrees to talk transition by Laura Kasinof, The New York Times, April 26, 2011. Article: Hundreds take to streets in Yemen to protest by Faud Rajeh, The New York Times, February 16, 2011. Article: U.S. plays down tensions with Yemen by Eric Schmitt, The New York Times, December 17, 2010. Article: Cables depict range of Obama diplomacy by David E. Sanger, The New York Times, December 4, 2010. Article: Yemen's drive on Al Qaeda faces international skepticism by Mona El-Naggar and Robert F. Worth, The New York Times, November 3, 2010. Article: Op-Ed: The Yemeni state against its own people by Subir Ghosh, Digital Journal, October 11, 2010. Roundtable Summary: Reform priorities for Yemen and the 10-Point agenda, MENAP, Chatham House, February 18, 2010. Article: As nations meet, Clinton urges Yemen to prove itself worthy of aid by Mark Landler, The New York Times, January 27, 2010. Article: After failed attack, Britain turns focus to Yemen by John F. Burns, The New York Times, January 1, 2010. Resources Congress.gov: S.J.Res.54 - A joint resolution to direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by Congress Govtrack: S.J.Res. 7: A joint resolution to direct the removal of United States Armed Forces from hostilities in the Republic of Yemen that have not been authorized by ... Congress IMF.org: Gulf Cooperation Council Countries Middle East Institute: Addressing the Crisis in Yemen: Strategies and Solutions Open Knowledge Repository: Leveraging Fuel Subsidy Reform for Transition in Yemen US Dept. of Treasury: International Monetary Fund Sound Clip Sources House Proceedings: Yemen Resolution Debate, 116th Congress, April 4, 2019. Congressional Record Sound Clips: 1:06:30 Rep. Michael McCaul (TX):This resolution stretches the definition of war powers hostilities to cover non-U.S. military operations by other countries. Specifically, it reinterprets U.S. support to these countries as ‘‘engagement in hostilities.’’ This radical reinterpretation has implications far beyond Saudi Arabia. This precedent will empower any single Member to use privileged war powers procedures to force congressional referendums that could disrupt U.S. security cooperation agreements with more than 100 countries around the world. 1:14:30 Rep. Barbara Lee (CA): Yes, Madam Speaker, I voted against that 2001 resolution, because I knew it was open-ended and would set the stage for endless wars. It was a blank check. We see this once again today in Yemen. We must repeal this 2001 blank check for endless wars. Over the past 18 years, we have seen the executive branch use this AUMF time and time again. It is a blank check to wage war without congressional oversight. 1:21:30 Rep. Ro Khanna (CA): My motivation for this bill is very simple. I don’t want to see 14 million Yemenis starve to death. That is what Martin Griffith had said at the U.N., that if the Saudis don’t stop their blockade and let food and medicine in, within 6 months we will see one of the greatest humanitarian crises in the world. Senate Floor Proceedings: Yemen Resolution Debate, 115th Congress, 2nd Session, December 12, 2018. Congressional Record Pt. 1 Congressional Record Pt. 2 Sound Clips: 7:09:00 Sen. Bernie Sanders (VT): Finally, an issue that has long been a concern to many of us—conservatives and progressives—is that this war has not been authorized by Congress and is therefore unconstitutional. Article I of the Constitution clearly states it is Congress, not the President, that has the power to send our men and women into war—Congress, not the President. The Framers of our Constitution, the Founders of this country, gave the power to declare war to Congress—the branch most accountable to the people—not to the President, who is often isolated from the reality of what is taking place in our communities. The truth is—and Democratic and Republican Presidents are responsible, and Democratic and Republican Congresses are responsible—that for many years, Congress has not exercised its constitutional responsibility over whether our young men and women go off to war. I think there is growing sentiment all over this country from Republicans, from Democrats, from Independents, from progressives, and from conservatives that right now, Congress cannot continue to abdicate its constitutional responsibility. 7:14:45 Sen. Bob Corker (TN): I have concerns about what this may mean as we set a precedent about refueling and intelligence activities being considered hostilities. I am concerned about that. I think the Senator knows we have operations throughout Northern Africa, where we are working with other governments on intelligence to counter terrorism. We are doing refueling activists in Northern Africa now, and it concerns me—he knows I have concerns—that if we use this vehicle, then we may have 30 or 40 instances where this vehicle might be used to do something that really should not be dealt with by the War Powers Act. 7:49:06 Sen. Todd Young (IN): We don’t have much leverage over the Houthis. We have significant leverage over the Saudis, and we must utilize it. 7:58:30 Sen. Jim Inhofe (OK): The Sanders-Lee resolution is, I think, fundamentally flawed because it presumes we are engaged in military action in Yemen. We are not. We are not engaged in military action in Yemen. There has been a lot of discussion about refueling. I don’t see any stretch of the definition that would say that falls into that category. 8:01:00 Sen. Jim Inhofe (OK): Saudi Arabia is an important Middle Eastern partner. Its stability is vital to the security of our regional allies and our partners, including Israel, and Saudi Arabia is essential to countering Iran. We all know that. We know how tenuous things are in that part of the world. We don’t have that many friends. We can’t afford to lose any of them. 8:04:30 Sen. Chris Murphy (CT): It is important to note some-thing that we take for granted in the region—this now long-term detente that has existed between the Gulf States and Israel, which did not used to be something you could rely on. In fact, one of the most serious foreign policy debates this Senate ever had was on the sale of AWACS to Saudi Arabia back in the 1980s. The objection then was that by empowering Saudi Arabia, you were hurting Israel and Israeli security. No one would make that argument today because Saudi Arabia has been a good partner in trying to figure out a way to calm the tensions in the region and, of course, provide some balance in the region, with the Iranian regime on the other side continuing to this day to use inflammatory and dangerous rhetoric about the future of Israel. So this is an important partnership, and I have no interest in blowing it up. I have no interest in walking away from it. But you are not obligated to follow your friend into every misadventure they propose. When your buddy jumps into a pool of man-eating sharks, you don’t have to jump with him. There is a point at which you say enough is enough. 8:06:00 Sen. Chris Murphy (CT): Muhammad bin Salman, who is the Crown Prince, who is the effective leader of the country, has steered the foreign policy of Saudi Arabia off the rails. Folks seem to have noticed when he started rounding up his political opponents and killing one of them in a consulate in Turkey, but this has been ongoing. Look back to the kidnapping of the Lebanese Prime Minister, the blockade of Qatar without any heads-up to the United States, the wholesale imprisonment of hundreds of his family members until there was a payoff, the size of which was big enough to let some of them out. This is a foreign policy that is no longer in the best interests of the United States and cannot be papered over by a handful of domestic policy reforms that are, in fact, intended to try to distract us from the aggressive nature of the Saudis’ foreign policy in the region. 8:08:15 Sen. Chris Murphy (CT): I am appreciative that many of my colleagues are willing to stand up for this resolution today to end the war in Yemen. I wish that it weren’t because of the death of one journalist, because there have been tens of thousands who have died inside Yemen, and their lives are just as important and just as worthwhile as Jamal Khashoggi’s life was, as tragic as that was. But there is a connection between the two, which is why I have actually argued that this resolution is in some way, shape, or form a response to the death of Jamal Khashoggi, for those who are primarily concerned with that atrocity. Here is how I link the two: What the Saudis did for 2 weeks was lie to us, right? In the most bald-faced way possible. They told us that Jamal Khashoggi had left the consulate, that he had gotten out of there alive, that they didn’t know what happened, when of course they knew the entire time that they had killed him, that they had murdered him, that they had dismembered his body. We now know that the Crown Prince had multiple contacts all throughout the day with the team of operatives who did it. Yet they thought we were so dumb or so weak— or some combination of the two—that they could just lie to us about it. That was an eye-opener for a lot of people here who were long-term supporters of the Saudi relationship because they knew that we had trouble. They knew that sometimes our interests didn’t align, but they thought that the most important thing allies did with each other was tell the truth, especially when the truth was so easy to discover outside of your bilateral relationship. Then, all of a sudden, the Saudis lied to us for 2 weeks—for 2 weeks—and then finally came around to telling the truth because everybody knew that they weren’t. That made a lot of people here think, well, wait a second—maybe the Saudis haven’t been telling us the truth about what they have been doing inside Yemen. A lot of my friends have been supporting the bombing campaign in Yemen. Why? Because the Saudis said: We are hitting these civilians by accident. Those water treatment plants that have been blowing up—we didn’t mean to hit them. That cholera treatment facility inside the humanitarian compound—that was just a bomb that went into the wrong place, or, we thought there were some bad guys in it. It didn’t turn out that there were. It turns out the Saudis weren’t telling us the truth about what they were doing in Yemen. They were hitting civilian targets on purpose. They did have an intentional campaign of trying to create misery. I am not saying that every single one of those school buses or those hospitals or those churches or weddings was an attempt to kill civilians and civilians only, but we have been in that targeting center long enough to know—to know—that they have known for a long time what they have been doing: hitting a lot of people who have nothing to do with the attacks against Saudi Arabia. Maybe if the Saudis were willing to lie to us about what happened to Jamal Khashoggi, they haven’t been straight with us as to what is happening inside Yemen, because if the United States is being used to intentionally hit civilians, then we are complicit in war crimes. And I hate to tell my colleagues that is essentially what the United Nations found in their most recent report on the Saudi bombing campaign. They were careful about their words, but they came to the conclusion that it was likely that the Saudi conduct inside Yemen would amount to war crimes under international law. If it is likely that our ally is perpetuating war crimes in Yemen, then we cannot be a part of that. The United States cannot be part of a bombing campaign that may be—probably is— intentionally making life miserable for the people inside of that country. 8:14:00 Sen. Chris Murphy (CT): There is no relationship in which we are the junior partner—certainly not with Saudi Arabia. If Saudi Arabia can push us around like they have over the course of the last several years and in particular the last several months, that sends a signal to lots of other countries that they can do the same thing—that they can murder U.S. residents and suffer almost no consequences; that they can bomb civilians with our munitions and suffer no consequences. This is not just a message about the Saudi relationship; this is a message about how the United States is going to interact with lots of other junior partners around the world as well. Saudi Arabia needs us a lot more than we need them, and we need to remind folks of that over and over again. Spare me this nonsense that they are going to go start buying Russian jets or Chinese military hardware. If you think those countries can protect you better than the United States, take a chance. You think the Saudis are really going to stop selling oil to the United States? You think they are going to walk away from their primary bread winner just because we say that we don’t want to be engaged in this particular military campaign? I am willing to take that chance. We are the major partner in this relationship, and it is time that we start acting like it. If this administration isn’t going to act like it, then this Congress has to act like it. 8:44:15 Sen. Mike Lee (UT): Many of my colleagues will argue—in fact some of them have argued just within the last few minutes—that we are somehow not involved in a war in Yemen. My distinguished friend and colleague, the Senator from Oklahoma, came to the floor a little while ago, and he said that we are not engaged in direct military action in Yemen. Let’s peel that back for a minute. Let’s figure out what that means. I am not sure what the distinction between direct and indirect is here. Maybe in a very technical sense—or under a definition of warfare or military action that has long since been rendered out- dated—we are not involved in that, but we are involved in a war. We are co-belligerents. The minute we start identifying targets or, as Secretary James Mattis put it about a year ago, in December 2017, the minute we are involved in the decisions involving making sure that they know the right stuff to hit, that is involvement in a war, and that is pretty direct. The minute we send up U.S. military aircraft to provide midair refueling assistance for Saudi jets en route to bombing missions, to combat missions on the ground in Yemen, that is our direct involvement in war. 8:48:00 Sen. Mike Lee (UT): Increasingly these days, our wars are high-tech. Very often, our wars involve cyber activities. They involve reconnaissance, surveillance, target selection, midair refueling. It is hard—in many cases, impossible—to fight a war without those things. That is what war is. Many of my colleagues, in arguing that we are not involved in hostilities, rely on a memorandum that is internal within the executive branch of the U.S. Government that was issued in 1976 that provides a very narrow, unreasonably slim definition of the word ‘‘hostilities.’’ It defines ‘‘hostilities’’ in a way that might have been relevant, that might have been accurate, perhaps, in the mid-19th century, but we no longer live in a world in which you have a war as understood by two competing countries that are lined up on opposite sides of a battlefield and engaged in direct exchanges of fire, one against another, at relatively short range. War encompasses a lot more than that. War certainly encompasses midair refueling, target selection, surveillance, and reconnaissance of the sort we are undertaking in Yemen. Moreover, separate and apart from this very narrow, unreasonably slim definition of ‘‘hostilities’’ as deter- mined by this internal executive branch document from 1976 that contains the outdated definition, we our- selves, under the War Powers Act, don’t have to technically be involved in hostilities. It is triggered so long as we ourselves are sufficiently involved with the armed forces of another nation when those armed forces of another nation are themselves involved in hostilities. I am speaking, of course, in reference to the War Powers Act’s pro- visions codified at 50 USC 1547(c). For our purposes here, it is important to keep in mind what that provisions reads: ‘‘For purposes of this chapter [under the War Powers Act], the term ‘introduction of United States Armed Forces’ includes the assignment of members of such Armed Forces to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of any foreign country or government when such military forces are engaged, or there exists an imminent threat that such forces will become engaged, in hostilities.’’ In what sense, on what level, on what planet are we not involved in the commanding, in the coordination, in the participation, in the movement of or in the accompaniment of the armed forces of the Kingdom of Saudi Arabia and the Kingdom of Saudi Arabia-led coalition in the civil war in Yemen? 9:57:15 Sen. Richard Blumenthal (CT): In March of this year, I led a letter to the Department of Defense with my colleague Senator JACK REED of Rhode Island, along with many of our colleagues on the Senate Armed Services Committee, stating our concern regarding U.S. support for Saudi military operations against the Houthis in Yemen and asking about the DOD’s involvement, apparently without appropriate notification of Congress, and its agreements to provide refueling sup- port to the Saudis and the Saudi coalition partners. We were concerned that the DOD had not appropriately documented reimbursements for aerial re- fueling support provided by the United States. Eight months later—just days ago— the Department of Defense responded to our letter and admitted that it has failed to appropriately notify Congress of its support agreements; it has failed to adequately charge Saudi Arabia and the United Arab Emirates for fuel and refueling assistance. That admission 8 months after our inquiry is a damning indictment. These errors in accounting mean that the United States was directly funding the Saudi war in Yemen. It has been doing it since March of 2015. Video: Trump: Khashoggi case will not stop $110bn US-Saudi arms trade, The Guardian, October 12, 2018. Donald Trump: I would not be in favor of stopping from spending $110 billion, which is an all-time record, and letting Russia have that money, and letting China have that money. Because all their going to do is say, that's okay, we don't have to buy it from Boeing, we don't have to buy it from Lockheed, we don't have to buy it from Ratheon and all these great companies. We'll buy it from Russia and we'll buy it from China. So what good does that do us? Hearing: U.S. Policy Toward Middle East, House Foreign Affairs Committee, C-SPAN, April 18, 2018. Witnesses: David Satterfield: Acting Assistant Secretary of State for Near Eastern Affairs Wess Mitchell: Assistant Secretary of State for European and Eurasian Affairs Sound Clips: 18:00 David Satterfield: We all agree, as does the Congress, that the humanitarian crisis in Yemen is unacceptable. Last month, the governments of Saudi Arabia and the United Arab Emirates provided $1 billion to Yemen's humanitarian response appeal, and this complements the US government pledge of $87 million and more than $854 million contributed since beginning of fiscal year 2017. 19:45 Wess Mitchell: Turkey is a 66 year member of the NATO alliance and member of the defeat ISIS coalition. It has suffered more casualties from terrorism than any other ally and hosts 3.5 million Syrian refugees. It supports the coalition through the use of Incirlik air base through its commitment of Turkish military forces against Isis on the ground in (Dibick? al-Bab?) And through close intelligence cooperation with the United States and other allies. Turkey has publicly committed to a political resolution in Syria that accords with UN Security Council. Resolution 2254. Turkey has a vested strategic interest in checking the spread of Iranian influence and in having a safe and stable border with Syria. Despite these shared interests, Turkey lately has increased its engagement with Russia and Iran. Ankara has sought to assure us that it sees this cooperation as a necessary stepping stone towards progress in the Geneva process, but the ease with which Turkey brokered arrangements with the Russian military to facilitate the launch of its Operation Olive Branch in Afrin district, arrangements to which America was not privy, is gravely concerning. Ankara claims to have agreed to purchase, to, to purchase the Russian S 400 missile system, which could potentially lead to sanctions under section 231 of CAATSA and adversely impact Turkey's participation in the F-35 program. It is in the American national interest to see Turkey remains strategically and politically aligned with the west. Hearing: U.S. Policy Toward Yemen, Senate Foreign Relations Committee, C-SPAN, April 17, 2018. Witnesses: Robert Jenkins: Deputy Assistant Administrator at USAID Bureau for Democracy, Conflict, & Humanitarian Assistance David Satterfield: Acting Assistant Secretary of State for Near Eastern Affairs Robert Karem: Assistant Defense Secretary for International Security Affairs Nominee and former Middle East Adviser to Vice President Cheney Sound Clips: 9:30 Chairman Bob Corker (TN): Well, Yemen has always faced significant socioeconomic challenges. A civil war, which began with the Houthis armed takeover of much of the country in 2014 and their overthrow of Yemen's legitimate government in January 2015, has plunged the country into humanitarian crisis. 17:25 Chairman Bob Corker (TN): Our first witness is acting assistant secretary of state for Near Eastern Affairs, Ambassador David Satterfield. Ambassador Satterfield is one of the most distinguished, one of our most distinguished diplomats. He most recently served as director general, the multinational force and observers in the Sinai peninsula and previously served as US Abassador to Lebanon. 17:45 Chairman Bob Corker (TN): Our second witness is Robert Jenkins, who serves as the Deputy Assistant Administrator for USA ID Bureau for Democracy, conflict and humanitarian assistance. Mr. Jenkins, recently mark 20 years at USAID and previously served as the Director of Office of Transition Initiatives. 18:15 Chairman Bob Corker (TN): Our third witness is Assistant Secretary of Defense for International Security Affairs, Robert Kerem. Prior to his Senate confirmation last year, Mr. Karem served as National Security of Staff of Vice President Cheney and then as National Security Advisor to the House, majority leader's Eric Cantor and Kevin McCarthy. 20:15 David Satterfield: US military support serves a clear and strategic purpose to reinforce Saudi and Mrid self defense in the face of intensifying Houthi and Iranian enabled threats and to expand the capability of our Gulf partners to push back against Iran's regionally destabilizing actions. This support in turn provides the United States access and influence to help press for a political solution to the conflict. Should we curtail US military support? The Saudis could well pursue defense relationships with countries that have no interest in either ending the humanitarian crisis, minimizing civilian casualties or assisting and facilitating progress towards a political solution. Critical US access to support for our own campaign against violent extremists could be placed in jeopardy. 30:00 Robert Karem: Conflict in Yemen affects regional security across the Middle East, uh, and threatens US national security interests, including the free flow of commerce and the Red Sea. Just this month, the Houthi, his attack to Saudi oil tanker and the Red Sea threatening commercial shipping and freedom of navigation and the world's fourth busiest maritime choke point, the Bab el Mandeb. 32:00 Robert Karem: The Defense Department is currently engaged in two lines of effort in Yemen. Our first line of effort and our priority is the fight against al Qaeda in the Arabian Peninsula and ISIS in Yemen, two terrorist organizations that directly threaten the United States, our allies and our partners. To combat AQIP, AQAP, and ISIS, US forces in coordination with the UN recognized government of Yemen are supporting our regional key counter terrorism partners in ongoing operations to disrupt and degrade their ability to coordinate, plot and recruit for external terrorist operations. Additionally, US military forces are conducting airstrikes against AQAP and ISIS in Yemen pursuant to the 2001 a authorization for the use of military force to disrupt and destroy terrorist network networks. Our second line of effort is the provision of limited noncombat support to the Saudi led coalition in support of the UN recognized government of Yemen. The support began in 2015 under President Obama and in 2017 president Trump reaffirmed America's commitment to our partners in these efforts. Fewer than 50 US military personnel work in Saudi Arabia with the Saudi led coalition advising and assisting with the defense of Saudi territory, sharing intelligence and providing logistical support, including aerial refueling. 35:45 Sen. Ben Cardin (MD): Mr. Karem. I'm gonna Start with you. Um, in regards to the US military assistance that we give to the kingdom, you said that is to embolden their capacity and to reduce noncombatant casualties. Last March, the CENTCOM commander General Votel stated that the United States government does not track the end results of the coalition missions. It refills and supports with targeting assistance. So my question to you is, how do you determine that we are effectively reducing the non combatant casualties if we don't in fact track the results of the kingdoms military actions? Robert Karem: Senator, thank you. Um, it's correct that we do not monitor and track all of the Saudi aircraft, um, uh, a loft over Yemen. Uh, we have limited personnel and assets in order to do that. Uh, and CENTCOM's focus is obviously been on our own operations in Afghanistan, in Iraq and in Syria. Sen. Ben Cardin (MD): I understand that, but my question is, our stated mission is to reduce noncombat and casualties. If we don't track, how do we determine that? Robert Karem: So I think one of our stated missions is precisely that. Um, there are multiple ways that I think we do have insight into, uh, Saudi, uh, targeting behavior. Um, we have helped them with their processes. Um, we have seen them implement a no strike list. Um, and we have seen their, their, their uh, capabilities, uh, improved. So the information is based upon what the Saudis tell you, how they're conducting the mission rather than the after impact of the mission. I think our military officers who are resident in Saudi Arabia are seeing how the Saudis approach, uh, this, this effort that took getting effort. Sen. Ben Cardin (MD): But you know, obviously the proof is in the results and we don't know whether the results are, there are not fair statement. Robert Karem: I think we do see a difference in how the Saudis have operated in Yemen, how they operate. Sen. Ben Cardin (MD): I understand how they operate but we don't know whether in fact that's been effective. The United Nations Security Council panel of experts on Yemen concluded in recent reports that the cumulative effect of these airstrikes on civilian infrastructure demonstrates that even with precaution, cautionary measures were taken, they were largely inadequate and ineffective. Do you have any information that disagrees with that assessment? Robert Karem: Senator, I think the assessment of, uh, our central command is that the Saudi, uh, and Emirati targeting efforts, uh, have improved, um, uh, with the steps that they've taken. We do not have perfect understanding because we're not using all of our assets to monitor their aircraft, but we do get reporting from the ground on what taking place inside Yemen. 40:15 Sen. Rand Paul (KY): Ambassador Satterfield. I guess some people when they think about our strategy might question the idea of our strategy. You know, if your son was shooting off his pistol in the back yard and doing it indiscriminately and endangering the neighbors, would you give hmi more bullets or less? And we see the Saudis acting in an indiscriminate manner. They've bombed a funeral processions, they've killed a lot of civilians. And so our strategy is to give them more bombs, not less. And we say, well, if we don't give him the bomb, somebody else will. And that's sort of this global strategy, uh, that many in the bipartisan foreign policy consensus have. We have to, we have to always be involved. We always have to provide weapons or someone else will and they'll act even worse. But there's a, I guess a lot of examples that doesn't seem to be improving their behavior. Um, you could argue it's marginally better since we've been giving them more weapons, but it seems the opposite of logic. You would think you would give people less where you might withhold aid or withhold a assistance to the Saudis to get them to behave. But we do sort of the opposite. We give them more aid. What would your response be to that? David Satterfield: Senator, when I noted in my remarks that progress had been made on this issue of targeting, minimizing or mitigating civilian casualties, that phrase was carefully chosen into elaborate further on, uh, my colleagues remarks, uh, Robert Karem. We do work with the Saudis and have, particularly over the last six to nine months worked intensively on the types of munitions the Saudis are using, how they're using, how to discriminate target sets, how to assure through increased loiter time by aircraft that the targets sought are indeed clear of collateral or civilian damage. This is new. This is not the type of interaction… Sen. Rand Paul (KY): And yet the overall situation in Yemen is a, is a disaster. David Satterfield: The overall situation is extremely bad. Senator. Sen. Rand Paul (KY): I guess that's really my question. We had to rethink...And I think from a common sense point of view, a lot of people would question giving people who misbehave more weapons instead of giving them less on another question, which I think is a broad question about, you know, what we're doing in the Middle East in general. Um, you admitted that there's not really a military solution in Yemen. Most people say it's going to be a political solution. The Houthis will still remain. We're not going to have Hiroshima. We're not going to have unconditional surrender and the good guys win and the bad guys are vanquished. Same with Syria. Most people have said for years, both the Obama administration and this administration, probably even the Bush administration, the situation will probably be a political solution. They will no longer, it's not going to be complete vanquished meant of the enemy. We're also saying that in Afghanistan, and I guess my point as I think about that is I think about the recruiter at the station in Omaha, Nebraska, trying to get somebody to sign up for the military and saying, please join. We're going to send you to three different wars where there is no military solution. We're hoping to make it maybe a little bit better. I think back to Vietnam. Oh, we're going to take one more village. If we take one more village, they're going to negotiate and we get a little better negotiation. I just can't see sending our young men and women to die for that for one more village. You know the Taliban 40% in Afghanistan. Where are we going to get when they get to 30% don't negotiate and when we it, it'll be, it'll have been worth it for the people who have to go in and die and take those villages. I don't think it's one more life. I don't think it's worth one more life. The war in Yemen is not hard. We talk all about the Iranians have launched hundreds of missiles. Well, yeah, and the Saudis have launched 16,000 attacks. Who started it? It's a little bit murky back and forth. The, the Houthis may have started taking over their government, but that was a civil war. Now we're involved in who are the good guys of the Saudis, the good guys or the others, the bad guys. Thousands of civilians are dying. 17 million people live on the edge of starvation. I think we need to rethink whether or not military intervention supplying the Saudis with weapons, whether all of this makes any sense at all or whether we've made the situation worse. I mean, humanitarian crisis, we're talking about, oh, we're going to give my, the Saudis are giving them money and I'm like, okay, so we dropped, we bomb the crap out of them in this audience. Give them $1 billion. Maybe we could bomb last maybe part of the humanitarian answers, supplying less weapons to a war. There's a huge arms race going on. Why do the Iranians do what they do? They're evil. Or maybe they're responding to the Saudis who responded first, who started it? Where did the arms race start? But we sell $300 billion a weapons to Saudi Arabia. What are the Iranians going to do? They react. It's action and reaction throughout the Middle East. And so we paint the Iranians as the, you know, these evil monsters. And we just have to correct evil monster. But the world's a much more complicated place back and forth. And I, all I would ask is that we try to get outside our mindset that we, uh, what we're doing is working because I think what we're doing hasn't worked, and we've made a lot of things worse. And we're partly responsible for the humanitarian crisis in Yemen.  48:30 David Satterfield: The political picture on the ground in Yemen has changed radically with the death, the killing of a Ali Abdullah Saleh, uh, with the fragmentation of the General People's Congress. All of that, while tragic in many of its dimensions, has provided a certain reshuffling of the deck that may, we hope, allow the United Nations to be more effective in its efforts. 1:05:45 Sen. Todd Young (IN): Approximately how many people, Mr. Jenkins require humanitarian assistance in Yemen? David Jenkins: 22 million people. Sen. Todd Young (IN): What percent of the population is that? David Jenkins: Approximately 75% was the number of people requiring humanitarian assistance increase from last year. It increased by our, we're estimating 3.5 million people. Sen. Todd Young (IN): And how much has it increased? David Jenkins: About 3.5 million people. Sen. Todd Young (IN): Okay. How many are severely food insecure? David Jenkins: 17.8 million. Sen. Todd Young (IN): How many children are severely malnourished? David Jenkins: 460,000 Sen. Todd Young (IN): How many people lack access to clean water and working toilets? David Jenkins: We estimate it to be around 16 million people. Sen. Todd Young (IN): Does Yemen face the largest cholera outbreak in the world? David Jenkins: It does. Sen. Todd Young (IN): How many cholera cases have we seen in Yemen? David Jenkins: A suspected over a 1 million cases. Sen. Todd Young (IN): And how many lives has that cholera outbreak claim? David Jenkins: Almost 2100. 1:46:00 Robert Jenkins: I do know that the vast majority of people within that, the majority of people in need, and that 22 million number live in the northern part of the country that are accessible best and easiest by Hodeidah port, there is no way to take Hodeidah out of the equation and get anywhere near the amount of humanitarian and more importantly, even commercial goods into the country. Hearing: Violence in Yemen, House Foreign Affairs Subcommittee on Middle East and North America, C-SPAN, April 14, 2015. Witnesses: Gerald Feierstein: Principal Deputy Assistant Secretary of State for Near Eastern Affairs. Former Ambassador to Yemen (2010-2013) Sound Clips: 1:45 Rep. Illeana Ros-Lehtinen (FL): On September 10th of last year, President Obama announced to the American public his plan to degrade and destroy the terrorist group ISIL. While making his case for America's role in the fight against ISIL, the president highlighted our strategy in Yemen and held it up as a model of success to be emulated in the fight against ISIL. Yet about a week later, the Iran backed Houthis seized control of the capital and the government. Despite this, the administration continued to hail our counter-terror operations in Yemen as a model for success, even though we effectively had no partner on the ground since President Hadi was forced to flee. But perhaps even more astonishingly in what can only be described as an alarmingly tone deaf and short sighted, when Press Secretary Ernest was asked at a press briefing if this model was still successful after the Yemeni central government collapsed and the US withdrew all of our personnel including our special forces, he said yes, despite all indications pointing to the contrary. So where do we stand now? That's the important question. President Hadi was forced to flee. Saudi Arabia has led a coalition of over 10 Arab nations and Operation Decisive Storm, which so far has consisted of airstrikes only, but very well could include ground forces in the near future. 4:45 Rep. Illeana Ros-Lehtinen (FL): Iran has reportedly dispatched a naval destroyer near Yemen in a game of chicken over one of the most important shipping routes in the Gulf of Aden. This area is a gateway between Europe and the Middle East and ran was not be allowed to escalate any tensions nor attempt to disrupt the shipping lanes. 13:30 Rep. David Cicilline (NJ): I think it's safe to say that the quick deterioration of the situation in Yemen took many people here in Washington by surprise. For many years, Yemen was held up as an example of counter-terrorism cooperation and it looked as if a political agreement might be achieved in the aftermath of the Arab spring. The United States poured approximately $900 million in foreign aid to Yemen since the transition in 2011 to support counter-terrorism, political reconciliation, the economy and humanitarian aid. Now we face a vastly different landscape and have to revise our assumptions and expectations. Furthermore, we risk being drawn deeply into another Iranian backed armed conflict in the Middle East. 17:30 Rep. Ted Deutch (FL): Following the deposition of Yemen's longtime autocratic Saleh in 2011, the US supported an inclusive transition process. We had national dialogue aimed at rebuilding the country's political and governmental institutions and bridging gaps between groups that have had a long history of conflict. Yemen's first newly elected leader, President Hadi made clear his intentions to cooperate closely with the United States. 18:00 Rep. Ted Deutch (FL): Yemen, the poorest country on the peninsula, needed support from the international community. The United States has long viewed Yemen as a safe haven for all Qaeda terrorists, and there was alarming potential for recruitment by terrorist groups given the dire economic conditions that they faced. In fact, the US Department of Homeland Security considers al Qaeda in the Arabian Peninsula, the affiliate, most likely the al Qaeda affiliate, most likely to attempt transnational attacks against the United States. 18:30 Rep. Ted Deutch (FL): While the national dialogue was initially viewed as successful, the process concluded in 2014 with several key reforms still not completed, including the drafting of the new constitution. The Hadi government had continued to face deep opposition from Yemen's northern tribes, mainly the Shiite Iranian backed Houthi rebels, over the past year. The Houthis, in coordination with tribes and military units still loyal to Saleh, began increasing their territorial control, eventually moving in to Sanaa. Saleh had long been thought to have used his existing relationship to undermine the Hadi government. Houthis are well trained, well funded, and experienced fighters, having fought the Yemeni government and Saudi Arabia in 2009. 23:15 Gerald Feierstein: I greatly appreciate this opportunity to come before you today to review recent developments in Yemen and the efforts that the United States is undertaking to support the government of Yemen under president Rabu Mansour Hadi and the Saudi led coalition of Operation Decisive Storm, that is aimed at restoring the legitimate government and restarting the negotiations to find peaceful political solutions to Yemen's internal conflict. 26:45 Gerald Feierstein: To the best of our understanding, the Houthis are not controlled directly by Iran. However, we have seen in recent years, significant growth and expansion of Iranian engagement with the Houthis. We believe that Iran sees opportunities with the Houthis to expand its influence in Yemen and threatened Saudi and Gulf Arab interests. Iran provides financial support, weapons training, and intelligence of the Houthis and the weeks and months since the Houthis entered Sanaa and forced the legitimate government first to resign and ultimately to flee from the capitol, we have seen a significant expansion of Iranian involvement in Yemen's domestic affairs. 27:30 Gerald Feierstein: We are also particularly concerned about the ongoing destabilizing role played by former President Saleh, who since his removal from power in 2011 has actively plotted to undermine President Hadi and the political transition process. Despite UN sanctions and international condemnation of his actions, Saleh continues to be one of the primary sources of the chaos in Yemen. We have been working with our Gulf partners and the international community to isolate him and prevent the continuation of his efforts to undermine the peaceful transition. Success in that effort will go a long way to helping Yemen return to a credible political transition process. 42:00 Gerald Feierstein: From our perspective, I would say that that Yemen is a unique situation for the Saudis. This is on their border. It represents a threat in a way that no other situation would represent. 52:30 Gerald Feierstein: I mean, obviously our hope would be that if we can get the situation stabilized and get the political process going again, that we would be able to return and that we would be able to continue implementing the kinds of programs that we were trying to achieve that are aimed at economic growth and development as well as supporting a democratic governance and the opportunity to try to build solid political foundations for the society. At this particular moment, we can't do that, but it's hard to predict where we might be in six months or nine months from now. 1:10:00 Gerald Feierstein: When the political crisis came in Yemen in 2011, AQAP was able to take advantage of that and increase its territorial control, to the extent that they were actually declaring areas of the country to be an Islamic caliphate, not unlike what we see with ISIL in Iraq and Syria these days. Because of our cooperation, primarily our cooperation with the Yemeni security forces, uh, we were able to, uh, to defeat that, uh, at a significant loss of a life for AQAP. Uh, as a result of that, they changed their tactics. They went back to being a more traditional terrorist organization. They were able to attack locations inside of, uh, inside of Sanaa and and elsewhere. But the fact of the matter is that, uh, that we, uh, were achieving a progress in our ability to pressure them, uh, and, uh, to keep them on the defensive as opposed to giving them lots of time. And remember in 2009 in 2010, uh, we saw AQAP mount a fairly serious efforts - the underwear bomber and then also the cassette tape effort to attack the United States. After 2010, uh, they were not able to do that, uh, despite the fact that their intent was still as clear and as strong as it was before. And so a while AQAP was by no means defeated and continue to be a major threat to security here in the United States as well as in Yemen and elsewhere around the world, nevertheless, I think that it was legitimate to say that we had achieved some success in the fight against AQAP. Unfortunately what we're seeing now because of the change in the situation again, inside of Yemen, uh, is that we're losing some of the gains that we were able to make, uh, during that period of 2012 to 2014. That's why it's so important that we, uh, have, uh, the ability to get the political negotiation started again, so that we can re-establish legitimate government inside of Sanaa that will cooperate with us once again in this fight against violent extremist organizations. 1:16:45 Rep. Ted Yoho (FL): How can we be that far off? And I know you explained the counter-terrorism portion, but yet to have a country taken over while we're sitting there working with them and this happens. I feel, you know, it just kinda happened overnight the way our embassy got run out of town and just says, you have to leave. Your marines cannot take their weapons with them. I, I just, I don't understand how that happens or how we can be that disconnected. Um, what are your thoughts on that? Gerald Feierstein: You know, it was very, it was very frustrating. Again, I think that, if you go back to where we were a year ago, the successful conclusion of the National Dialogue Conference, which was really the last major hurdle and completion of the GCC initiative, Houthis participated in that. They participated in the constitutional drafting exercise, which was completed successfully. Uh, and so we were in the process of moving through all of the requirements of the GCC initiative that would allow us to complete successfully the political transition. I think there were a combination of things. One, that there was a view on the part of the Houthis that they were not getting everything that they wanted. They were provoked, in our view, by Ali Abdullah Saleh, who never stopped plotting from the very first day after he signed the agreement on the GCC initiative. He never stopped plotting to try to block the political transition, and there was, to be frank, there was a weakness in the government and an inability on the part of the government to really build the kind of alliances and coalition that would allow them to sustain popular support and to bring this to a successful conclusion. And so I think that all through this period there was a sense that we were moving forward and that we believed that we could succeed in implementing this peaceful transition. And yet we always knew that on the margins there were threats and there were risks, and unfortunately we got to a point where the Houthis and Ali Abdullah Saleh, my personal view is that they recognized that they had reached the last possible moment, where they could obstruct the peaceful political transition that was bad for them because it would mean that they wouldn't get everything that they wanted, and so they saw that time was running out for them, and they decided to act. And unfortunately, the government was unable to stop them. Hearing: Targeted Killing of Terrorist Suspects Overseas, Senate Judiciary Subcommittee on Constitution, Civil Rights, and Human Rights, C-SPAN, April 23, 2013. Sound Clips: 44:30 Farea al-Muslimi: My name as you mentioned, is Farea al-Muslimi, and I am from Wessab, a remote village mountain in Yemen. I spent a year living with an American family and attended an American high school. That was one of the best years of my life. I learned about American culture, managed the school basketball team and participated in trick or treat and Halloween. But the most exceptional was coming to know someone who ended up being like a father to me. He was a member of the U S Air Force and most of my year was spent with him and his family. He came to the mosque with me and I went to church with him and he became my best friend in America. I went to the U.S. as an ambassador for Yemen and I came back to Yemen as an ambassador of the U.S. I could never have imagined that the same hand that changed my life and took it from miserable to a promising one would also drone my village. My understanding is that a man named Hamid al-Radmi was the target of the drone strike. Many people in Wessab know al-Radmi, and the Yemeni government could easily have found and arrested him. al-Radmi was well known to government officials and even local government could have captured him if the U.S. had told them to do so. In the past, what Wessab's villagers knew of the U.S. was based on my stories about my wonderful experiences had. The friendships and values I experienced and described to the villagers helped them understand the America that I know and that I love. Now, however, when they think of America, they think of the terror they feel from the drones that hover over their heads ready to fire missiles at any time. What violent militants had previously failed to achieve one drone strike accomplished in an instant. 1:17:30 Farea al-Muslimi: I think the main difference between this is it adds into Al Qaeda propaganda of that Yemen is a war with the United States. The problem of Al Qaeda, if you look to the war in Yemen, it's a war of mistakes. The less mistake you make, the more you win, and the drones have simply made more mistakes than AQAP has ever done in the matter of civilians. News Report: Untold Stories of the underwear bomber: what really happened, ABC News 7 Detroit, September 27, 2012. Part 1 Part 2 Hearing: U.S. Policy Toward Yemen, Senate Foreign Relations Committee, C-SPAN, July 19, 2011. Witnesses: Janet Sanderson: Deputy Assistant Secretary of State for Near Eastern Affairs Daniel Benjamin: State Department Counterterrorism Coordinator Sound Clips: 21:00 Janet Sanderson: The United States continues its regular engagement with the government, including with President Ali, Abdullah Saleh, who's currently, as you know, recovering in Saudi Arabia from his injuries following the June 3rd attack on his compound, the acting president, Vice President Abdrabbuh Mansur Hadi, the opposition, civil society activists, and others interested in Yemen's future. We strongly support the Gulf Cooperation Council's initiative, which we believe would lead to a peaceful and orderly political transition. The GCC initiative signed by both the ruling General People's Congress party and the opposition coalition, joint meeting parties. Only president Saleh is blocking the agreement moving forward and we continue to call on him to sign the initiative. 22:30 Janet Sanderson: While most protests in Yemen have been peaceful over the last couple of months, there have been violent clashes between pro- and anti-government demonstrators and between protesters and government security forces and irregular elements using forced to break up demonstrations. The United States is strongly urged the Yemeni government to investigate and prosecute all acts of violence against protesters. 27:00 Janet Sanderson: We strongly believe that a transition is necessary, that an orderly, peaceful transition is the only way to begin to lead Yemen out of the crisis that it has been in for the last few months. 34:30 Daniel Benjamin: Really, I just want to echo what ambassador Sanderson said. It is vitally important that the transition take place. 1:02:15 Daniel Benjamin: The the view from the administration, particularly from a DOD, which is doing of course, the lion's share of the training, although State Department through anti-terrorism training is doing, uh, uh, a good deal as well, is that the Yemenis are, uh, improving their capacities, that they are making good progress towards, uh, being, able to deal with the threats within their border. But it is important to recognize that, uh, uh, our engagement in Yemen was interrupted for many years. Uh, Yemen, uh, did not have the kind of mentoring programs, the kind of training programs that many of our other counter-terrorism partners had. Um, it was really when the Obama administration came into office that a review was done, uh, in, in March of, uh, beginning in March of 2009, it was recognized that Yemen was a major challenge in the world of counter terrorism. And it was not until, uh, December after many conversations with the Yemenis that we really felt that they were on-board with the project and in fact took their first actions against AQAP. This, as you may recall, was just shortly before the attempted, uh, December 25th bombing of the northwest flight. So this is a military and a set of, uh, Ministry of Interior that is civilian, uh, units that are making good progress, but obviously have a lot to learn. So, uh, again, vitally important that we get back to the work of training these units so that they can, uh, take on the missions they need to. Press Conference: Yemen Conference, C-SPAN, January 27, 2010. Speakers: David Miliband - British Foreign Secretary Hillary Clinton - Secretary of State Abu Bakr al-Kurbi - Yemeni Foreign Minister Sound Clips: 3:30 David Miliband: And working closely with the government of Yemen, we decided that our agenda needed to cover agreement on the nature of the problem and then address the, uh, solutions across the economic, social, and political terrain. Five key items were agreed at the meeting for the way in which the international community can support progress in Yemen. First, confirmation by the government of Yemen, that it will continue to pursue its reform agenda and agreement to start discussion of an IMF program. The director of the IMF represented at the meeting made a compelling case for the way in which economic reform could be supported by the IMF. This is important because it will provide welcome support and help the government of Yemen confront its immediate challenges. 11:45 Hillary Clinton: The United States just signed a three year umbrella assistance agreement with the government of Yemen that will augment Yemen's capacity to make progress. This package includes initiatives that will cover a range of programs, but the overarching goal of our work is to increase the capacity and governance of Yemen and give the people of Yemen the opportunity to better make choices in their own lives. President Saleh has outlined a 10 point plan for economic reform along with the country's national reform agenda. Those are encouraging signs of progress. Neither, however, will mean much if they are not implemented. So we expect Yemen to enact reforms, continue to combat corruption, and improve the country's investment in business climate. 15:45 Abu Bakr al-Kurbi: This commitment also stems from our belief that the challenges we are facing now cannot be remedied unless we implement this agenda of reforms and the 10 points that her exellency alluded to because this is now a priority number of issues that we have to start with, and I hope this is what will be one of the outcomes of this meeting. 16:30 Hillary Clinton: One of the factors that's new is the IMF's involvement and commitment. the IMF has come forward with a reform agenda that the government of Yemen has agreed to work on. 24:30 Hillary Clinton: We were pleased by the announcement of a cease fire, um, between the Saudis and the Houthis. That should lead, we hope, to broader negotiations and a political dialogue that might lead to a permanent, uh, end to the conflict in the north. It's too soon to tell. The Daily Show with John Stewart: Terror 2.0 by Yemen - Sad Libs, CC.com, January 6, 2010. The Daily Show with John Stewart: Terror 2.0 by Yemen, CC.com, January 4, 2010. Community Suggestions See Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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Congressional Dish
CD192: Democracy Upgrade Stalled

Congressional Dish

Play Episode Listen Later Mar 14, 2019 86:53


Things often don’t go according to plan. In this episode, featuring a feverish and frustrated Jen Briney, learn about the shamefully rushed process employed by the Democrats to pass their top priority bill, H.R. 1, through the House of Representatives. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD129: The Impeachment of John Koskinen Bill Outline: HR 1 For The People Act of 2019 Govtrack - Full Text Official title: “To expand American’s access to the ballot box, reduce the influence of big money in politics, and strengthen ethics rules for public servants, and for other purposes.” Short Title: For the People Act of 2019 Sponsor: Rep. John Sarbanes (MD-3) First co-sponsor: Nancy Pelosi Referred to 10 committees: House Administration House Intelligence (Permanent Select) House Judiciary House Oversight and Government Reform House Science, Space, and Technology House Education and the Workforce House Ways and Means House Financial Services House Ethics House Homeland Security Division A: Voting TITLE I: ELECTION ACCESS Subtitle A: Voter Registration Modernization “Voter Registration Modernization Act of 2019" Part 1: Promoting Internet Registration Sec. 1001: Every State Has to Allow Us To Register to Vote Online Requires every State to allow residents to register to vote online and be given an online receipt of their completed voter registration application Signatures can be electronic as long as the individual has a signature on file with a State agency, including the DMV. People who don’t have signatures on file can submit handwritten signatures through digital means or sign in person on Election Day. Signatures will be required on Election Day for people who registered to vote online and have not previously voted in a Federal election in that state. Sec. 1002: Every State Has To Allow Us To Update Our Registration Online States must allow registered voters to update their registrations online too Sec. 1003: Voter Information Online Instead Of Regular Mail Tells states to include a space for voters to submit an email address and get voting information via email instead of using regular mail (we may need that to be “in addition to”) Prohibits our emails from being given to anyone who is outside the government. The State will have to provide people who opted for emails, at least 7 days before the election, online information including the name and address of the voter’s polling place, that polling place’s hours, and which IDs the voter may need to vote at that polling place. Sec. 1004: 'Valid Voter Registration' Form Definition Defines what is a “valid voter registration form”: The form is accurate and the online applicant provided a signature. Sec. 1005: Effective Date: January 1, 2020. Part 2: Automatic Voter Registration “Automatic Voter Registration Act of 2019" Sec. 1012: Automatic Registration of Eligible Voters Every State will have to create and operate a system for automatically registering everyone eligible to vote “for Federal office in the State”. The States will have 15 days to register a person to vote after getting updated voter information from another agency. Sec. 1015: "Voter Protection and Security in Automatic Registration" Declining automatic registration can’t be used as evidence “In any State or Federal law enforcement proceeding" States will have to keep records of all changes to voter records, including removals and updates, for 2 years and make those available for public inspection. Gives the Director of the National Institute of Standards and Technology the power to write the rules for how States can use voter information to deem a person ineligible and to write privacy and security standards for voter registration information Voter registration information “shall not be used for commercial purposes.” Sec. 1016: Corrections to Voter Information Can Be Done on Election Day Voters in all States would be able to update their address, name, or political party affiliation in person on Election Day, and they could vote using the corrected information using a regular ballot, not a provisional ballot. Sec. 1017: The Federal Government Will Pay to Make The Changes Authorizes $500 million for 2019, available until it’s gone. Sec. 1021: Effective Date - January 1, 2021 Part 3: Same Day Voter Registration Sec. 1031: Voters Can Register At the Polling Place On Election Day System would have to be in place by November 2020 Part 4: Conditions on Removal on Basis of Interstate Cross-Checks Sec. 1041: Requirements To Use Cross Check To Remove Voters Prohibits States from using interstate crosscheck systems to remove people from voter rules until the State receives the voter’s full name, including their middle name, date of birth, and last 4 digits of their social security numbers and if the State has documentation verifying the voter is no longer a resident of the State. Interstate cross checks can not be used to remove voters from rolls within six months of an election Effective date: Six months after enactment Part 7: Prohibiting Interference with Voter Registration Sec. 1071: Fines and Prison For Interference in Voter Registration People who prevent another person from registering to vote, or attempt to prevent another person from registering, “shall be fined” or imprisoned for up to five years, or both. Effective date: Elections on or after enactment Subtitle B: Access to Voting for Individuals With Disabilities  Subtitle C: Prohibiting Voter Caging  Sec. 1201: Prohibits Removal of Names Based Solely on Caging Lists State/local election officials will not be allowed to deny a voter registration if the decision is based on a voter caging document, an unverified match list, or an error on a registration that is not material to the citizen’s eligibility to vote. Challenges to voter registration by non-election officials will only be allowed if the person has personal knowledge documented in writing and subject to an attestation under penalty of perjury. Penalties for knowingly challenging the eligibility of someone else’s voter registration with the intent to disqualify that person is punishable by a fine and/or one year in prison for each violation. Subtitle D : Prohibiting Deceptive Practices and Preventing Voter Intimidation - “Deceptive Practices and Voter Intimidation Prevention Act of 2019" Sec. 1302: Prohibits Lying To Prevent People From Voting Makes it illegal to communicate by any means false information regarding the time and place of an election, the voter’s registration status or eligibility, or criminal penalties for voting within 60 days of an election if the communication has the intent of preventing another person from voting. Makes it illegal, within 60 days of an election, to communicate by any means false information regarding an endorsement by a person or political party that didn’t actually happen. Penalties: A fine of up to $100,000, five years in prison, or both. The penalties are the same for attempts to lie to people to prevent them from voting. Subtitle E: Democracy Restoration - “Democracy Restoration Act of 2019" Sec. 1402: Voting Rights Extend to Ex-Cons “The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election." Sec. 1408: Effective for any election held after enactment Subtitle F: Promoting Accuracy, Integrity, and Security Through Verified Permanent Paper Ballot - “Voter Confidence and Increased Accessibility Act of 2019” Sec. 1502: Requires Paper Ballots for All Federal Elections Requires all voting systems to use individual paper ballots that are verified by the voter before their vote is cast which “shall be counted by hand or read by an optical character recognition device or other counting device” The paper ballots must be preserved as the official ballots and will be counted by hand for recounts and audits If there is a difference between the electronic vote count and the hand count of paper ballots, the hand count of paper ballots will be the final count. Subtitle H: Early Voting Sec. 1611: Every State Must Allow Early Voting for 15 Days Every State will be required to allow citizens to vote in Federal elections during the 15 days preceding the election, with polls open for at least 4 hours per day except on Sundays. Effective Date: Elections after January 1, 2020 Subtitle I: Voting by Mail Sec. 1621: Vote By Mail National Standards States can’t count absentee ballots until they match the signature on the ballot to the signature on the State’s official list of registered voters States must provide ballots and voting materials at least 2 weeks before the election Effective date: Elections held on or after January 1, 2020 Subtitle J: Absent Uniformed Services Voters and Overseas Voters Subtitle K: Poll Worker Recruitment and Training Sec. 1801: Federal Employees As Poll Workers Employees of Federal agencies will be allowed to be excused from work for up to 6 days in order to work in polling places on Election Day and for training. Subtitle L: Enhancement of Enforcement Subtitle M: Federal Election Integrity Sec. 1821: Head of Elections Can’t Campaign for Elections They Oversee It will be illegal for a chief State election administration official to take part in a political campaign “with respect to any election for Federal office over which such official has supervisory authority” Subtitle N: Promoting Voter Access Through Election Administration Improvements  Sec. 1902: Notification for Polling Place Changes States must notify voters at least seven days in advance if the State has changed their polling place to somewhere other than where they last voted Effective January 1, 2020 Sec. 1903: Election Day Holiday The Tuesday after the first Monday in November 2020 and each even-numbered year after that will be treated as a legal public holiday Encourages, but does not require, the private sector to give their workers the day off for elections Sec. 1904: Sworn Written Statements to Meet ID Requirements If a State requires an ID to vote, a person may vote if they provide, in person, a sworn written statement signed under penalty of perjury attesting to their identity and that they are eligible to vote, unless they are first time voters in the State. Effective for elections occurring on or after enactment Sec. 1905: Postage Free Ballots Absentee ballots will not require postage The Post Office will be reimbursed by States for the lost revenue TITLE II: ELECTION INTEGRITY Subtitle E: Redistricting Reform - “Redistricting Reform Act of 2019” Sec. 2402: Independent Commissions for Redistricting Congressional redistricting must be done by an independent redistricting commission established in the State or by a plan development and enacted into law by a 3 judge court of the US District Court for the District of Columbia Sec. 2411: Creating the Independent Redistricting Commissions The Commissions will be made up of 15 members from the “selection pool” (see Sec. 2412) 5 members will be selected randomly from the 12 belonging to the political party with the most registered voters in the State 5 members will be selected randomly from the 12 belonging to the political party with the second most registered voters in the State 5 members will be selected randomly from the 12 who are not affiliated with the two largest political parties The Chair must be a member of the group that is not affiliated with the largest two parties in the State and will be selected via a majority vote of the commission The State can not finalize a redistricting plan unless the plan gets a vote from someone in each of the three membership categories and it passes with a majority of the commission voting yes. Contractors for the commission can be required to provide their political contribution history Sec. 2412: Eligibility for the Independent Commission “Selection Pool” To qualify, the individual must... Be registered to vote Either be with the same political party or with no political party for the previous 3 years Submits an application including a declaration of their political party, if they belong to one, and a commitment to impartiality. An individual is disqualified if the individual or an immediate family member within the 5 years preceding their appointment... Holds public office or is a candidate for public office Serves as an officer of a political party or as a political party consultant Is a registered lobbyist Is an employee of an elected public official, a contractor with the legislature of a State, or a donor who gives more than $20,000 to candidates for public offices. The selection pool will have 36 individuals made up of... 12 individuals affiliated with the political party with the largest percentage of registered voters in the State 12 individuals affiliated with the political party with the second largest percentage of registered voters in the State 12 individuals who are not affiliated with either of the two largest political parties The selection pool must be approved by the State’s Select Committee on Redistricting Inaction is a rejection of the selection pool Sec. 2413: Criteria for New Districts Districts must be created using this criteria in this order: Districts must comply with the Constitution, including the requirement that the equalize total population Districts must comply with the Voting Rights Act and all Federal laws Districts can’t be drawn in a way that dilutes the ability for minority communities to elect candidates Districts must minimize the division of neighborhoods, counties, municipalities, and school districts “to the extent practicable” Districts may not be drawn to favor or disfavor any political party The commission may not consider the political party affiliation or voting history of the district’s population or the resident of any member of the House of Representatives when drawing the district maps All meetings must be held in public, must take comments into consideration and they must publish information, including video archives, about their meetings on a public website Sec. 2431: Authorizes payments to States of $150,000 per district to help pay for the redistricting process Subtitle F: Saving Voters from Voter Purging -“Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act” - “Save Voters Act”  Sec. 2502: Restricting Voter Roll Purges States can’t use the failure of a voter to vote or the voter’s failure to respond to a notice as the basis for removing their name from the voter rolls TITLE III: ELECTION SECURITY Subtitle A: Financial Support for Election Infrastructure Part 1: Voting System Security Improvement Gains Part 2: Grants for Risk-Limiting Audits of Results of Elections Part 3: Election Infrastructure Innovation Grant Program Subtitle B: Security Measures Subtitle C: Enhancing Protections for United Stated Democratic Institutions Subtitle D : Promoting Cybersecurity Through Improvements in Election Administration Subtitle E: Preventing Election Hacking Division B: Campaign Finance TITLE IV: CAMPAIGN FINANCE TRANSPARENCY Subtitle B: DISCLOSE Act - “Democracy Is Strengthened by Casting Light on Spending in Elections Act”  Part 1: Regulation of Certain Political Spending Sec. 4101: Foreign Owned Corporations Count as “Foreign Nationals” Makes it illegal for a corporation, LLC, or partnership which is more than 5% owned by a foreign government or 20% owned by foreign individual to directly or indirectly make a contribution in connection with a Federal, State, or local election or a contribution to a political party. It’s also illegal for Americans to accept or solicit a contribution from “foreign nationals” (amends 52 U.S.C 30121(b)) Effective 180 days after enactment, regardless of if regulations are done Part 2: Reporting of Campaign-Related Disbursements Sec. 4111: Corporations Must Report Donations Any corporation, LLC, or tax exempt organization (other than 501(c)3 “charities”) that make campaign contributions totaling more than $10,000 in the 2 year election cycle must file a statement containing the name of the donating organization, the business address, a list of that business or corporations’ controlling owners, and the name/address of the person who received each donation of more than $1,000. If the corporation, LLC, or tax exempt organization pays for a public communication, they must report the name of any candidate identified and whether the communication was in support or opposition to that candidate. Subtitle C: Honest Ads - “Honest Ads Act” Sec. 4205: Disclosure of Sources of Online Political Ads Extends political ad disclosure laws to internet and other digital communication Sec. 4207: Disclosures Must Be Clear Ads must include a statement telling us the name of the person who paid for the communication in a way that is not difficult to read or hear Sec. 4208: Public Record of Online Political Ads * Requires online platforms to create and make available online for public inspection a complete record of requests to purchase political advertisements if they purchase more than $500 worth in one calendar year Subtitle D : Stand by Every Ad - “Stand By Every Ad Act" Subtitle E: Secret Money Transparency Sec. 4401: IRS Can Investigate Dark Money Groups Again Repeals the restriction enacted by the 115th Congress on the IRS that prevented them from making sure tax exempt organizations aren’t using their funds for political expenditures Subtitle F: Shareholder Right-to-Know Sec. 4501: SEC Can Enforce Shareholder Disclosure Laws Repeals the restriction enacted by the 115th Congress on the Securities and Exchange Commission that prevented them from enforcing laws related to corporations informing shareholders about the corporations political activity. Subtitle G: Disclosure of Political Spending by Government Contractors Sec. 4601: Contractors Can Be Forced to Disclose Donations Repeals the restriction enacted by the 115th Congress that prevented requiring government contractors to report their political spending Subtitle H: Limitation and Disclosure Requirements for Presidential Inaugural Committees - “Presidential Inaugural Committee Oversight Act" TITLE V: CAMPAIGN FINANCE EMPOWERMENT Subtitle B: Congressional Elections - “Government By the People Act of 2019” Part 1: My Voice Voucher Pilot Program Sec. 5101: Voucher Pilot Program The Federal Election Commission will create an pilot program and select 3 states to operate it Sec. 5102: Pilot Program Details State’s will provided individuals who request one a “My Voice Voucher" worth $25 Individuals can give their voucher dollars, in $5 increments, to qualified candidates for Congress. Part 2: Small Dollar Financing of Congressional Election Campaigns Sec. 5111: 6x Matching of Small Dollar Donations Payments will be 600% of the amount of small dollar contributions received by the candidate during the Small Dollar Democracy qualifying period Small dollar contribution is between $1 and $200 Limit: The total amount of payments made to a candidate may not be more than 50% of the average of the “20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representatives in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000.” Candidates can get an additional payment of up to $500,000 during the period between 60 days and 14 days before the election, which doesn’t count towards the total limit. Candidates are eligible if they can get 1,000 people to make a small dollar contribution and if the candidate can raise at least $50,000. Eligible candidates can’t take more than $1,000 total from any individual. Eligible candidates can’t use more than $50,000 in personal funds. Will be funded by a “Freedom of Influence Fund" Sec. 5112: Coordination with Parties Sec. 5114: Effective starting in 2024 elections Subtitle C: Presidential Elections - “Empower Act of 2019" Part 1: Primary Elections Part 2: General Elections Part 3: Effective Date Subtitle D : Personal Use Services as Authorized Campaign Expenditures - “Help America Run Act” TITLE VI: CAMPAIGN FINANCE OVERSIGHT Subtitle A: Restoring Integrity to America’s Elections Sec. 6002: Changes to FEC make up Subtitle B: Stopping Super PAC-Candidate Coordination Division C: Ethics TITLE VII: ETHICAL STANDARDS Subtitle B: Foreign Agents Registration Sec. 7101: New Department of Justice Investigation Unit Will be dedicated to enforcing the Foreign Agents Registration Act Subtitle C: Lobbying Disclosure Reform Sec. 7201: Expands Definition of “Lobbyist” To include people who provide “legislative, political, and strategic counseling services, research, and other background work” as lobbyists in terms of disclosure requirements Effective upon enactment Subtitle D : Recusal of Presidential Appointees Sec. 7301: Recusal of Appointees Any officer or employee appointed by the President must recuse themselves from any matter involving the President who appointed the officer or employee or that President’s spouse. TITLE VIII: ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES Subtitle A: Executive Branch Conflict of Interest Sec. 8002: Prohibits Private Sector Payments for Entering Government Private companies can’t provide bonus payments, pensions, retirement, group life/health/accident insurance, profit-sharing, stock bonus, or other payments contingent on accepting a position in the U.S. Government. Sec. 8003: Slowing the Revolving Door Executive Branch employees can’t use their government position to “participate in a particular matter” if they know a company they worked for in the last two years has a financial interest. Penalty: Fine and/or 1 year in prison. Penalty for willful violation: Fine and/or up to 5 years in prison Civil penalties: The greater of $100,000 per violation or the amount the person received or was offered for conducting the violation Sec. 8004: Waiting Period For Procurement Officers To Work for Contractors A former official responsible for a government contract can not accept payments from any division, affiliate, or subcontractor of the chosen contractor for 2 years after awarding the contract. A government employee can not award a contract to his or her former employer for 2 years after they leave the company. Sec. 8005: Lobbying Job Waiting Period Senior level Executive Branch employees have to wait 2 years before they can be paid to influence their former colleagues Subtitle B: Presidential Conflicts of Interest Subtitle C: White House Ethics Transparency Subtitle D : Executive Branch Ethics Enforcement Subtitle E: Conflicts for Political Fundraising Sec. 8042: Disclosure of Certain Types of Contributions People who are nominated to high level Executive Branch offices will have to disclose their contributions to political organizations, 501(c)4’s, and 501(c)6’s. Subtitle F: Transition Team Ethics Subtitle G: Ethics Pledge for Senior Executive Branch Employees TITLE IX: CONGRESSIONAL ETHICS REFORM Subtitle A: Requiring members of Congress to Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 Subtitle B: Conflicts of Interest Sec. 9101: Members Can’t Be on For-Profit Boards of Directors Changes the House Rules so that members of the House of Representatives will not be allowed to serve on the board of "any for-profit entity" while serving in the House of Representatives. Sec. 9103: Prohibition Above Can Be Changed via House Rules Subtitle C: Campaign Finance and Lobbying Disclosure - “Connecting Lobbying and Electeds for Accountability and Reform Act” “CLEAR Act" Sec. 9202: Separate Reports for Lobbyist Donations Report submitted by political campaigns will have to report which donations are made by registered lobbyists in a separate statement (amends 52 U.S.C. 30104(b)) Sec. 9203: Effective 90 Days After Enactment Subtitle D : Access to Congressionally Mandated Reports Sec. 9303: Online Portal for Congressionally Mandated Reports Portal will create, within one year of enactment, an online portal providing free public digital access to all congressionally mandated reports Reports will be available within 30 days of their submission to Congress TITLE X: PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY Sec. 10001: Presidential and Vice Presidential Tax Return Disclosure Requires candidates for President and Vice President to submit their tax returns for the last 10 taxable years to the Federal Election Commission within 15 days of declaring their candidacy The chairman of the Federal Election Commission must make the candidates’ tax returns, with personal information redacted, publicly available Effective upon enactment    Additional Reading Article: 10 things you might not know about HR 1 by Lindsey McPherson and Kate Ackley, Roll Call, March 6, 2019. Article: Conservative expert privately warned GOP donors that a voting rights bill would help Democrats by Lee Fang and Nick Surgey, The Intercept, February 27, 2019. Article: House Democrats forge ahead on electoral reform bill by Zach Montellaro, Politico, February 26, 2019. Markup: H.R. 1, For the People Act of 2019, February 26 ,2019. Article: House Democrats officially unveil their first bill in the majority: a sweeping anti-corruption proposal by Ella Nilson, Vox, January 4, 2019. Article: One state fixed its gerrymandered districts, the other didnt. Here's how the election played out in both by Christopher Ingraham, The Washington Post, November 9, 2018. Article: 6 takeaways from Georgia's 'Use It Or Lose It' voter purge investigation by Johnny Kauffman, NPR, October 22, 2018. Article: Registration is a voter-suppression tool. Let's finally end it by Ellen Kurz, The Washington Post, October 11, 2018. Report: Purges: A growing threat to the right to vote by Jonathan Brater, Kevin Morris, Myrna Pérez, and Christopher Deluzio, Brennan Center for Justice, July 20, 2018. Article: How Maryland Democrats pulled off their aggressive gerrymander by Christopher Ingraham, The Washington Post, March 28, 2018. Article: Pennsylvania Supreme Court draws 'much more competitive' district map to overturn Republican gerrymander by Christopher Ingraham, The Washington Post, February 20, 2018. Article: Pennsylvania redistricting decision gives Democrats a boost by Bill Barrow and Mark Scolforo, AP News, February 6, 2018. Article: How redistricting became a technological arms race by Vann R. Newkirk II, The Atlantic, October 28, 2017. Article: Government by Goldman by Gary Rivlin and Michael Hudson, The Intercept, September 17, 2017. Article: The most gerrymandered states ranked by efficiency gap and seat advantage by Daniel McGlone and Esther Needham, Azavea, July 19, 2017. Article: Here are the first 10 members of Trump's voting commission by Christopher Ingraham, The Washington Post, July 6, 2017. Article: 3 Trump Cabinet officials will still be receiving millions from corporate America by Jeff Stein, Vox, February 3, 2017. Article: Trump adviser Gary Cohn's $285 million Goldman Sachs exit raises eyebrows by Matt Egan, CNN Business, January 27, 2017. Article: The IRS gives up on fighting 'dark money' by Editorial Board, The Washington Post, February 19, 2016. Article: How Crossroads GPS beat the IRS and became a social welfare group by Robert Maguire, OpenSecrets.org, Febraury 12, 2016. Blog: Congress uses PATH to cut IRS off from Section 501(c)(4) social welfare regulations, Wagenmaker & Oberly, December 30, 2015. Article: This is the best explanation of gerrymandering you will ever see by Christopher Ingraham, The Washington Post, March 1, 2015. Article: Five 501(c)(3) groups that might have broken the law by Lee Fang, The Nation, May 21, 2013. Article: The voter-fraud myth by Jane Mayer, The New Yorker, October 29, 2012. Article: Justice Dept. accused of partisan voter-roll purge by Pam Fessler, NPR, October 11, 2007. Resources Congressional Budget Office: H.R. 1, Estimated Effects on Direct Spending and Revenues Federal Election Commission: Using Campaign Funds for Personal Use How Stuff Works: PACs vs. Super PACs Research: All About Redistricting - Who draws the lines? Website: The Redistricting Majority Project Website: RepresentUs Sound Clip Sources Short Film: Unbreaking America: A NEW Short Film about Solving the Corruption Crisis, RepresentUs, YouTube, February 27, 2019. Full Committee Markup: H.R. 1, The For the People Act of 2019, Committee on House Administration, February 26, 2019. Youtube Video Hearing: For the People: Our American Democracy, Committee on House Administration, February 14, 2019. Youtube Video Witnesses: Chiraag Bains - Director of Legal Strategies at Demos Wendy Weiser - Director of the Democracy Program at the Brennen Center for Justice at the NYU School of Law Fred Wertheimer -President of Democracy 21 Kym Wyman - Secretary of State of Washington Alejandro Rangel-Lopez, Senior at Dodge City High School in Kansas and plaintiff in LULAC & Rangel-Lopez v. Cox Peter Earle - Wisconsin Civil Rights Trial Lawyer Brandon Jessup - Data Science and Information Systems Professional and Executive Director at Michigan Forward David Keating - President at the Institute for Free Speech Hearing: Full Committee Hearing on the "Strengthening Ethics Rules for the Executive Branch", Committee on Oversight and Reform, February 6, 2019. YouTube Video Witnesses: Scott Amey - General Counsel, Project on Government Oversight Karen Hobert Flynn - President of Common Cause Rudy Mehrbani - Spitzer Fellow and Senior Counsel, Brennen Center for Justice Walter Schaub Jr - Senior Advisor, Citizens for Responsibility and Ethics in Washington Bradley Smith - Chairman at the Institute for Free Speech Sound Clips: 17:30 Rep. Elijah Cummings (D - MD) Title eight includes a bill that I introduced called the executive branch ethics reform act. It would, it would ban senior officials from accepting "golden parachute" payments from private sector employers in exchange for their government service. This would have prevented Gary Cohn from receiving more than $100 million in accelerated payments from Goldman Sachs while leading the Trump administration's efforts to slash corporate taxes. 19:00 Cummings Title eight also would make clear that Congress expects the president to divest his business holdings just as every single president since Jimmy Carter has done and place them in an independent and truly blind trust. 28:00 Rep. Jim Jordan (R - OH) In 2013 we learned that the IRS targeted conservative for their political beliefs during the 2012 election cycle systematically for a sustained period of time. They went after people for their conservative beliefs, plan in place, targeted people. They did it. The gross abuse of power would have continued, if not for the efforts of this committee. 2014 the Obama Administration doubled down and attempted to use the IRS rule making process to gut the ability of social welfare organizations to participate in public debate. Congress has so far prevented this regulation from going into effect, but HR 1 would change that. 28:30 Jordan Furthermore, this bill would roll back another critical victory for privacy and free speech secured just last summer following efforts by this committee and others, the IRS changed its policy as it relates to schedule B information. Schedule B contains personal information like names, addresses, and the amounts donated to nonprofit entities. Even though this information is supposed to remain private under current law, states and federal government have leaked these personal details in the past. In changing its policies, the IRS noted that there had been at least 14 breaches resulting in the unauthorized disclosure of schedule B information just since 2010. The result was everyday Americans receiving death threats and mail containing white powder. All because someone disagreed with what they believe and who they gave their hard earned money to. 59:00 Walter Schaub HR 1 addresses big payouts to incoming officials. These golden parachutes raise concerns about an employee appointees loyalty to a former employer. When former Treasury Secretary Jack Lew left Wall Street to join the State Department, he received a large bonus in his employment agreement. Let him keep that bonus specifically because he landed at a high level government job. 1:04:00 Bradley Smith Subtitle B of title six is called Stopping Super PAC and candidate coordination. The sponsors and drafters are either being intentionally disingenuous here or are they simply do not understand what has been put into their own legislation. Nothing in subtitle B, nothing limits. It's reached a super PACs. It applies to every union trade association, advocacy group and unincorporated association in the country. It applies to planned parenthood and right to life, to the NAACP and the ACLU to the national federation of Independent Business and to the Brady Campaign for gun safety. It even applies to individual citizens who seek to participate in public discussion. Nothing. This cannot be said often enough limits it to super PACs through the interplay of its definitions of coordination and coordinated spenders. The laws treatment, uh, traditional treatment of coordinated spending as a contribution to a candidate and current contribution limits in the law. Subtitle be, will actually have the effect of banning, not limiting, but actually banning a great deal of speech that was legal even before the Supreme Court's decision in citizens United versus FEC and Buckley v Vallejo. 1:39:00 Smith I would only add that I think that the disclosure provisions are often worse than people think because they're defining as political activity things that have never been defined as political before. And you run the risk of a regulation swallowing up the entire, uh, discourse in which public, uh, engages. So I would only say that I think the provisions are worse than people think and that they're often hidden through the complex interrelationship of different positions. Well, one, one example would be if an organization, uh, for example, were to hire somebody who had previously been an intern, a paid intern for a member of Congress, that organization would then be prohibited from making any communications that were deemed to promote a tax support or oppose a that candidate. And that vague term could apply to almost anything praising the candidate for introducing a bill, uh, criticizing the congressman for opposing a bill, whatever it might be. Jordan Wow. That put the whole consultant business in this town out of business, it seems to me. Smith It's not just the consulting business. Oh, of course. It puts out of business all of the interest groups and all of the civic groups that people belong to. 1:43:00 Cummings One year ago today when my mother's dying bed at 92 years old, former sharecropper, her last words were, do not let them take our votes away from us. They had fought, she had fought and seen people harmed and beaten, trying to vote. Talk about inalienable rights. Voting is crucial, and I don't give a damn how you look at it. There are efforts to stop people from voting. That's not right. This is not Russia. This is the United States of America, and I will fight until the death to make sure every citizen, whether they're Green party, whether they're Freedom Party, whether they're Democrat, whether you're Republican, whoever has that right to vote. 1:46:00 Karen Hobert Flynn Election day registration is a perfect antidote to a purge so that you can show up on election day. If you see that there's a problem, then you can register to vote and vote on that day. 2:19:00 Rep. Kelly Armstrong (R - ND) North Dakota is the only state in the country without voter registration. We have voting. We have counties that vote exclusively by mail, and we currently have no excuse, absentee ballot, absentee voting. We have, we allow felons to vote immediately upon release from prison. Um, our poll workers are almost exclusively volunteers across the entire state. So in short, we have the, the best and easiest vote voting, voting booth access in the entire country, and we are incredibly proud of that. 2:23:00 Armstrong North, we, and this might be a little change, but it's really important to the voters in North Dakota. So we, uh, we start our absentee or early voting process, I think for military deployed overseas, it says early as August. And we have, as I said, no excuse absentee ballots. But what we require is that our ballots are postmarked the day before the election. And in North Dakota, we really, really try to make sure the election is over on election day. Um, north Dakotans don't understand how an election can change by 12, 13, 14,000 votes in the two to three weeks after an election day. Now I'm not in the business and telling people in California or somewhere else how to do their voting laws, but that just is something that is not appropriate here. And this would require ballots to be postmarked up until election day, correct? That's correct. 2:24:00 Rep. John Sarbanes (D-MD) I wish Mr. Meadows were still here because I'm delighted that he's thinking of stepping into the small donor matching system that has proposed an HR 1. Because when you step into that system, you step into a system that is owned by the people. This is why it's in the bill because the public is tired of feeling like their elections, their system, their government, their democracy is owned by special interests, big corporations, Wall Street, oil and gas industry, super PACs, lobbyists, everybody. But then this is the power move. They want to own their democracy again. 2:27:00 Sarbanes Somebody said, why are we hooking all these things together? Voting ethics, campaign finance, because the people have told us, if you just do one and you don't do the others were still frozen out. The system is still rigged. You fix the voting stuff, but if you go to Washington and nobody's behaving themselves, that doesn't solve the problem or you fix the ethics part, but we're still, the system is still owned by the big money in the special interests because they're the ones that are underwriting the campaigns. Then we're still left out. The system is still rigged. You got to do all of these things together to reset the democracy in a place where it respects the average citizen out there. Who right now is sitting in their kitchen, they're looking at the TV screen there. They're hearing about billionaires and super PACs who are making decisions inside conference rooms somewhere on K Street that affect their lives and all they're saying is we want back in. We're tired of sitting out here with our nose is pressed against the window looking in on the democracy that we have no impact on. That's why we're linking all of these things together to reset the table. So the special interests aren't the ones that are calling the shots. 2:29:00 Sarbanes The provisions of transparency in this bill are targeted to mega donors who give more than $10,000 who right now are hidden behind this Russian doll kind of structure where you can't see who it is, who's behind the curtain, who's putting all this money into campaigns. The public wants to know that that's reasonable. 2:38:00 Rep. Jackie Speier (D-CA) And I'm deeply troubled at what appears to be a Russian engagement through 501(c)(4)s in this country, whether it's the NRA or, um, other, uh, nonprofits that are created for the express purpose here in the United States to lobby on behalf of Russia as it related to the Magnitsky Act. Um, so right now there is no limitation on how much money can be contributed by a foreign government entity to a 501(c)(4). Is that correct? Hobert Flynn I believe that is, yes. Speier And there is no disclosure required as well. Is that correct? Hobert Flynn I believe that's right. Speier So in your estimation, would it be prudent for us to one, limit the amount of contributions that a foreign individual can make to a 501(c)(4), and two, that all of that be subject to disclosure? Hobert Flynn Yeah, I think, I think it would be very important. Um, you know, there are limits. There are bans on foreign nationals giving money in campaign contributions, and I think we should be looking at those kinds of limits for, um, and it's certainly disclosure for, um, contributions to 501(c)(4)s. 2:56:00 Rep. Bob Gibbs (R-OH) You hear so much attack on political action committees, PACs, Mr. Smith, or maybe you'd be best one to answer this. I don't know, maybe I don't want us to answer it. Where do political action committees get their money? Smith Political action committees get their money from individuals. Traditional PACs do. Now Super PACS as they're called, can take money from corporations and unions, but they are not able to contribute directly to candidates. Sort of coordinate anything with candidates. Gibbs I appreciate that. Uh, make the point. Um, because I, I got attacked because I take political action money, but it comes from businesses in my district. A lot of it, it comes from associations. You know, everybody has somebody lobbying for them in DC. I mean, if you're, if you're a member, of a retirement association, any organization, you've got a lobbyist here. 2:57:00 Rep. Alexandria Ocasio-Cortez (D-NY) Let's play a game, let's play a lightening round game. I'm going to be the bad guy, which I'm sure half the room would agree with anyway. And um, and I want to get away with as much bad things as possible, ideally to enrich myself and advance my interest even if that means putting, uh, putting my interests ahead of the American people. So, um, Mrs Holbert Flynn. Oh, and by the way, I have listed all of you as my co conspirators, so you're going to help me legally get away with all of this. So Mrs Herbert Flynn, I want to run, if I want to run a campaign that is entirely funded by corporate political action committees, is that, is there anything that legally prevents me from doing that? Hobert Flynn No. Ocasio-Cortez Okay. So there's nothing stopping me from being entirely funded by corporate PACs, say from the fossil fuel industry, the healthcare industry, big Pharma. I'm entirely 100% lobbyists PAC funded. Okay. So let's see. I'm a really, really bad guy and let's see, I've have some skeletons in my closet that I need to cover it up so that I can get elected. Um, Mr. Smith, is it true that you wrote this article, this opinion piece for the Washington Post entitled These Payments to Women Were Unseemly? That doesn't mean they were illegal. Smith Well, I can't see the piece but I wrote a piece or that headline in the post's so I assume that's right. Ocasio-Cortez Okay, great. So green-light for hush money, I can do all sorts of terrible things. It's totally legal right now for me to pay people off and that is considered speech. That money is considered speech. So I use my special interest, dark money funded campaign to pay off folks that I need to pay off and get elected. So now I'm elected, now I'm in, I've got the power to draft, lobby and shape the laws that govern the United States of America. Fabulous. Now is there any hard limit that I have, perhaps Mrs Herbert Flynn? Is there any hard limit that I have in terms of what legislation I'm allowed to touch? Are there any limits on the laws that I can write or influence? Especially if I'm a based on the special interest funds that I accepted to finance my campaign and get me elected in the first place. Herbert Flynn There's no limit. Ocasio-Cortez So there's none. So I can be totally funded by oil and gas that can be totally funded by big Pharma come in. Right. Big Pharma laws and there's no limits to that whatsoever. Herbert Flynn That's right. Ocasio-Cortez Okay, so awesome. Now, uh, now Mr Mehrabani, the last thing I want to do is get rich with as little work possible. That's really what I'm trying to do as the bad guy. Right? So is there anything preventing me from holding stocks say in an oil or gas company and then writing laws to deregulate that that industry and cause you know, that could potentially cause the stock value to soar and accrue a lot of money in that time, Rudy Mehrbani You could do that. Ocasio-Cortez So I could do that. I could do that. Now with the way our current laws are set up. Yes? Mehrbani Yes. Ocasio-Cortez Okay, great. Okay. So my last question is, or one of my last questions, I guess I'd say is, is it possible that any elements of this story apply to our current government in our current public servants right now? Mehrbani Yes. Ocasio-Cortez So we have a system that is fundamentally broken. We have these influences existing in this body, which means that these influences are here in this committee shaping the questions that are being asked of you all right now. Would you say that that's correct, Mr Mehrbani or Mr Shaub? Mehrbani Yes. Ocasio-Cortez Alright. So one last thing, Mr Shaub, in relation to congressional oversight that we have, the limits that are placed on me as a congress woman compared to the executive branch and compared to say, the president of the United States, would you say that Congress has the same sort of standard of accountability? Are there, is there more teeth in that regulation in Congress on the president? Or would you say it's about even or more so on the federal? Schaub Um, in terms of laws that apply to the president, there's just almost no laws at all that applied to the president. Ocasio-Cortez So I'm being held and every person in this body is being held to a higher ethical standard than the president of the United States. Schaub That's right. Cause or some committee ethics committee rules that apply to you. Ocasio-Cortez And it's already super legal as we've seen for me to be a pretty bad guy. So it's even easier for the president of the United States to be one, I would assume. Schaub That's right. Ocasio-Cortez Thank you very much. 3:04:00 Rep. Chip Roy (R-TX) Uh, and when we think about what we're dealing with, with respect to a campaign finance, uh, are you familiar with doxing? Smith In the sense of outing people online that you're referring to? Yes, generally. Roy So for example, are you familiar with a Twitter account called every Trump donor, which tweeted out one by one, the names, hometowns, occupations, employers, the people who contribute as little as $200 to the president's campaign, each tweet, following a particular formula. My point being in the question for you is, when we talk about campaign disclosures, are we aware of the negative impacts that you have on forcing American citizens and exercising their free speech to have that information be disclosed? Whether that's good policy or not might be debatable, but is there, are there negative consequences to that with respect to free speech given you're an expert on free speech? Smith There are, and there are definitely studies that have shown that disclosure does tend to decrease participation. Now, that doesn't mean as you point out that it's not worth it, but it certainly has costs. And so we have to be careful on how broad we would let that disclosure become. 3:11:00 Scott Amey The law is created that has cooling off periods. And so there's no cooling off period of one year or two year or a permanent bans. HR 1 would move a lot of those to two years I think, which would be beneficial. And there's even disagreement in our community whether one year or two, you know, what is the appropriate time to kind of cool off so that your contacts aren't there. But this is also something that President Trump brought up when he was a candidate. He talked about, uh, I think it was Boeing at the time, but he went on record saying that people who give contracts should never be able to work for that defense contractor. This isn't a bipartisan, this is a bipartisan issue. This is something we can resolve. The laws are already on the books. We just need some extensions in some tweaking of those to improve them and allow people to cool off and not be able to provide a competitive advantage to their new employer or favor them as they're in office and they're walking out the door. Rep. Ayanna Pressley (D-MA) And so you do believe that extending this cooling off period and strengthening these prohibitions would protect the integrity of the process and helped to reign in these flagrant abuses. Amey 100% in one of the nice things with HR 1 is there is an extension of a cooling off period for people coming into government service. Currently it exists and it's uh, it's one year. This will move it to two and I think that's a probably better place to be in. You shouldn't be handling issues that involve your former employer or clients. Pressley One final question. How might these cozy relationships between government officials and corporate leaders or private contractors help to boost profits for these prison and detention centers? Amey Well, certainly they go with a lot of information, uh, when, when they go over to the private sector. But it also allows them to get back into their former office and within their former agency and call on them. Access as, as you were just pointing out, access is everything in this town. And so if you can get your phone calls answered, if you can get emails read, if you get meetings at that point, that can, not only with members of Congress, but with agency heads that can determine who gets contracts. I mean, it does trickle down from the top and we need to make sure that we prevent as many like actual and also appearances of conflicts of interest as we can. 3:17:00 Rep. Carol D. Miller (R-WV) What impact would the passage of this legislation have on those groups that are not political but may put out policy oriented communications? Smith It would be very curious and I've given a number of examples in the written testimony. I just say that I should add to this of course that the bill includes personal liability for officers and directors of some of these organizations. So you need to almost have to be crazy to let your organization get anywhere close to this promote support attack opposed standard. And again, what does that mean as I suggested? Well, you know, again, uh, government union might take out an ad maybe in a month, right? Or three weeks from now saying don't let president Trump, we shouldn't have to pay because he wants his wall in Mexico, you know, so, so tell them to reopen the government. Is that an attack on president Trump? I think that's the kind of thing that, that folks would not know and would make people very hesitant to run that kind of ad. Miller So it is a personal risk as well. Smith Yes. Yes. Not only risk. Plus it would be a risk, by the way, as well, to the tax status of some of the organizations involved in many of these organizations might have some type of tax status. 501(c)(3) organizations would have to be very careful because if they engage in speech that is now defined as political speech, 501(c)(3) organizations can't engage in political speech. They would jeopardize their tax exempt status. So that's another reason that these organizations would stay far clear of commenting on any kind of public issue. Video: H.R. 1: A Democrat Political Power Grab, Senator Mitch McConnell, YouTube, January 30, 2019. Video: Video Tweeted by Senator Mitch McConnell, January 29, 2019. Hearing: Full Committee Hearing on the "For the People Act of 2019", House Committee on the Judiciary, January 29, 2019. YouTube Video Witnesses: Christian Adams- President and General Counsel, Public Interest Legal Foundation Vanita Gupta - President and Chief Executive Officer, Leadership Conference one Civil and Human Rights Sherrilyn Ifill - President and Director-Counsel, NAACP Legal Defense and Educational Fund Adav Noti - Chief of Staff, Campaign Legal Center Sarah Tubervillie - Director of the Constitution Project, Project on Government Oversight Hans von Spakovsky - Senior Legal Fellow at the Heritage Foundation Sound Clips: 10:45 Rep. Chris Collins (R-NY) The official title of this bill is The For The People Act. This bill though is not for the people. It's not for everyday citizens. This bill siphons power from state legislatures, local elected officials and voters, and seeds, power to Washington lawmakers, unelected federal judges and lawyers. This bill is in particular for the unelected elites. It's for the people who don't answer directly to the voters. Contrary to it's name, this bill takes power away from the people and it does this by violating the constitution, by trampling over both the spirit and the letter of our most fundamental laws. 32:00 Sherrilyn Ifill Well before the midterm election, in fact, Georgia officials began placing additional burdens on voters, particularly black and Latino voters, by closing precincts and purging. Over half a million people from the voter rolls the voter purge, which removed 107,000 people, simply because they did not vote in previous elections and respond to a mailing was overseen by the Republican candidate for governor Brian Kemp, who was also the secretary of state. LDF and a chorus of others called on him to recuse himself from participating in the election. But he refused. 1:08:00 Ifill I think, I think the problem we have is that you know, when we begin talking about the powers between the federal and the state government as it relates to elections, it is of course critical that we look to the constitution and that we look to the articles of the constitution that govern elections. But what we have left out of the conversation at least to this moment is the reordering of the relationship between the federal and state government that came with the passage of the 13th, 14th, and 15th amendments and the 14th and 15th amendments in particular. The 14th amendment guaranteeing equal protection of laws under, the 15th Amendment prohibiting the denial of the right to vote based on race. National origin includes enforcement clauses that gives this body, the United States Congress, the power to enforce the rights that are articulated in those amendments to the constitution. And it is those amendments to the constitution that provided this body the right, for example, to pass laws like the Voting Rights Act of 1965 for which all the same arguments that are being made today about the power of the states, about interference, about what the federal government is allowed to do and not allowed to do were raised and overcome. So the federal government actually does have the power when there is evidence and when they are enforcing the rights under the 14th and 15th, amendments to actually, your word would be interfere, but to engage robustly, in the protection of the voting rights of racial minorities. 1:15:00 Vanita Gupta There are over 13,000 election jurisdictions in our country, and elections can be run in a multitude of ways, but it is clear that Congress has the authority to make sure that civil rights are not violated in the course of running these elections. And that there are, there are equitable national standards to guide how this has done. And that is exactly what HR 1 does. 1:26:00 Ifill Let me use as an example. Texas has voter I.D. law from your own state the voter I.D. law that Texas imposed after the Shelby decision as a voter I.D. law that they had attempted to get pre-clearance prior to the Shelby decision and pre-clearance was denied, in other words they were not allowed to make that law, become real because of the pre-clearance requirement. After Shelby, the Attorney General, decided that they were going to move forward with that law. It was imposed. We sued. We challenged that law and we won. But in the three years that it took us to litigate that case during that time Texas elected a United States senator in 2014. All 36 members of the Texas delegation to the U.S. House of Representatives, the governor, the lieutenant governor, the attorney general, the comptroller, various statewide commissioners, four justices of the Texas Supreme Court. Candidates for special election in the state Senate State Boards of Education 16 state senators all 150 members of the statehouse over 175 state court trial judges and over 75 district attorneys. We proved at trial that more than half a million eligible voters were disenfranchised by the I.D. law. We were ultimately successful in challenging but it was too late for those elections and this was a scheme that had been denied pre-clearance. This is the kind of thing that undermines confidence in our electoral system and that threatens our democracy. What excuse can we have as a nation for disenfranchising over half a million voters from all of the elections I just described. 1:35:00 Rep. Steve Cohen (D-TN) Where are the states, Ms. Ifill, that have most of the states that have prohibitions on people having the APP for you to vote if they've committed a felony? Ifill Well, they have been all over the country, but certainly there was a concentration in the south. As you may know, some of the history of these laws emanated, at the turn of the 19th century, I guess the turn of the 20th century, after southern states received back their power, they pass new constitutions. This is after the civil war and after reconstruction around 1900 and we saw the expansion of ex felon voting restrictions in state constitutions during that period, when there was a very robust effort to try and disenfranchise, at that point, newly freed slaves who had been free for several decades. 2:05:00 Rep. Debbie Lesko (R-AZ) It contains a provision where federal tax dollars from hardworking middle class families and single mothers would be lining the pockets of politicians to pay for nasty TV ads and robo calls and paying for politicians, personal childcare and healthcare. Under this bill, it's estimated that at least $3.9 billion of taxpayer dollars would line the pockets of house congressional candidates based on estimates from Bloomberg and an estimated $6.25 billion with line the pockets of presidential candidates based on the formula in this bill and the 2016 election, for a total of $10.1 billion of taxpayer dollars. To me, this is an outrageous, outrageous use of taxpayer dollars. 2:23:00 Hans Von Spakovsky This provision of HR 1 says that if a commission is not established, or if it doesn't adopt a plan, then, the redistricting lines for Congress will be drawn up by a three judge federal court. Now, yeah, the courts get involved, federal courts get involved and redistricting, but they only get involved when there has been a violation of the voting rights act because there's been discrimination in drawing the lines or because the equal protection doctrine of the 14th amendment, one person, one vote, has been violated because the districts aren't equal enough and that's appropriate. And courts do that. But this bill would give the judicial branch the ability to draw up lines when there's, there's been no such violation. And so they're, in essence, you're taking a power of the constitution gives to the legislative branch and you're giving it to the judicial branch. 2:52:00 Gupta Well, our recourse used to be that changes in local voting patterns would be reported to the Justice Department and there would be recourse for the Justice Department to ensure that racial discrimination was not animating these changes and preventing people from exercising their franchise. As we said, in 2013, the United States supreme court gutted that key tool of the voting rights act. And it is why HR 1 is such an important, uh, act in order to restore the voting rights act and to restore the ability of the Justice Department and federal courts to actually prevent these kinds of nefarious actions from taking place before elections. Uh, litigation is crucial and groups that have risen to the challenge to, to file section two cases, but they are time intensive and they occur after elections after people have already been disenfranchised and can take years to come to adjudication during which elections are taking place. And so that is why, uh, it is incumbent and unnecessary for Congress to restore the provisions of the voting rights act. Rep. Lou Correa (D-CA) So HR 1 will help protect the rights of my American citizens to vote before the election. Gupta HR 1, yes, expresses a commitment to restoring the voting rights act, and, uh, and that is what we hope to achieve in this congress. It is HR 1 also contains a slew of protections that have become proxies for racial discrimination around list maintenance and unwarranted voter purging. Hr 1 seeks to remedy those so that, uh, so that people can have their rights guaranteed before elections take place. 3:25:00 Rep. Eric Swalwell (D-CA) And I have to tell you after that, being in Congress for six years, uh, I have come to find that there are so many issues that uh, my republican colleagues and I agree on and that the American people agree that we've reached consensus on it and that ranges from reducing gun violence to addressing climate change, to finding healthcare solutions. But my constituents ask and people I encounter across the country always ask, if we've reached consensus where 90% of Americans think we should have background checks. Majority of Americans believe that climate change is happening. 90% of Americans think we should have the Dream Act. Why can't you guys even vote on these issues? And I've concluded that it's the dirty maps and the dirty money. It is rigged gerrymandered maps where politicians from both parties protect their friends and the status quo and it's the outside unlimited nontransparent money, where Republican colleagues have told me, I am with you on this issue -and I've had someone say this to me - I am afraid about how I'm going to be scored, meaning that these outside groups, we'll give scores based on how you vote and if you're not with them, they'll primary you with more money in an unlimited way. And then that's poisoning our politics and preventing us from reaching consensus. 3:27:00 Swalwell I want to start with Miss Ifill, and if it's OK I want to call you Professor Ifill because I don't know if you remember you were my civil procedure professor at the University of Maryland. You wouldn't remember me I remember you. I was not a standout student at all but Miss Ifill according to your testimony Section 5 of the Voting Rights Act would have prevented some of the voter suppression schemes that we have encountered over the past five years. And I was hoping you could articulate some of those schemes today. Ifill Yeah just a few of them. Earlier I spoke about Texas's voter I.D. law, an I.D. law that had been denied pre-clearance prior to the Shelby decision. Two hours after the Shelby decision the attorney general of Texas tweeted out his intention to resuscitate that law which he did. And we spent three years litigating it. We ultimately prevailed, but in the ensuing three years there were elections for all kinds of offices a law that clearly could not have survived pre-clearance. Just in 2018 we were on the ground in Georgia on election day doing election protection work in Grady County, the polling place had been changed two weeks prior to the election. A notice had been placed in a very small community newspaper but otherwise there was not real notice provided to the community and so people arrived at the old polling place and community residents had to spend the day standing outside the old polling place directing people to the place of the new polling place that had not been properly identified Under Section 5, the moving of a polling place is the kind of thing that you had to submit to pre-clearance and have it approved by the Justice Department before it could be implemented. Now there are a number of people that day who could drive to the new polling place but there were a number of people who had just taken off work and had a limited amount of time to vote and could not dri

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Congressional Dish
CD190: A Coup for Capitalism

Congressional Dish

Play Episode Listen Later Feb 10, 2019 139:34


We knew it was coming, and now it's here: A coup is in progress in Venezuela. In this follow up episode to CD176 (Target Venezuela: Regime Change in Progress), learn additional backstory and details about the recent events in Venezuela, including the proclamation by Juan Guaido that he is now the President of Venezuela and all of the efforts being made by the Trump administration to get this regime change to stick. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD186: National Endowment for Democracy CD176: Target Venezuela: Regime Change in Progress Sound Clip Sources Hearing: U.S. Africa and Southern Command Operations, Senate Armed Service Committee, C-SPAN, February 7, 2019. Witnesses: Admiral Craig Fuller - U.S. Southern Command (SOUTHCOM) Commander Sound Clips: 16:10 Fuller While Russia and Cuba and China prop up the Maduro dictatorship, the reminder of the world is united. SOUTHCOM is supporting diplomatic efforts and we are prepared to protect U.S. personal and diplomatic facilities, if necessary. 53:44 Sen. Rick Scott In the Venezuelan military, have you -- have you seen any cracking from the standpoint, what we've been doing over the last -- especially the last two weeks, has any thing changed? Fuller - Certainly, there's been readiness aspects of their military that we watch very closely. It's a degraded force, but it is still a force that remains loyal to Maduro, and that makes it dangerous. We're looking for signs of those cracking, and we can talk in the closed session on some more details in trends we're seeing. 1:00:00 Sen. Tom Cotton (AR) - He said earlier Cuban guards completely surround the Maduro government. Does that mean that Maduro is dependent on the Cuban security and intelligence forces for his continuation in office? Fuller - Senator, I think it's a good sense of where the loyalty of the Venezuelan people are that to his immediate security forces made up of Cubans. Cotton  - So the men that surround Maduro, like our Secret Service, are Cubans not Venezuelans. Fuller - That's my understanding and assessment. 1:01:54 Fuller - I would also mention that the presence of China, China has not been helpful in a diplomatic way. I will leave that to the diplomats. China is there and involved in cyber in ways that are absolutely not helpful to the democratic outcome. 1:18:47 Sen Tim Kaine (VA) - If the world wants to see a democracy versus a dictatorship challenge Venezuela is just like the perfect test case for circa 2019, what do democracies care for an what dictatorships care for, Venezuela government of Maduro is supported by Russia, Cuba, and Iran. And they are enabling him to do all kinds of horrible things economically and in violation of human rights. The interim government, which has a constitutional claim in the vacancy of a president, the speaker of the legislative assembly becomes interim president supported by the United States and the EU. You really can see what the difference between democracy and the aspirations of democratic governments and dictatorship and what they care about very clearly int eh Venezuela circumstance now. Here's the reality, we are dealing with regional institutions like the OAS, every nation has one vote. The U.S. has a hard time to get the UA asked firmly come out against the Maduro government because many Caribbean nations still support the Maduro government. They've been bribed to do so with low-price oil. But it's very hard for us to do something like this on our won and when a principal regional institution like the LAS is not completely with us it's hard to put the appropriate pressure on. Interview: Mnuchin says Trump's economic plan is working and 'we're not going back to socialism', CNBC, February 6, 2019. 00:58:37 Steven Mnuchin : I’ve always watched the stock market a lot. I’ve been in the investment business since I graduated from Yale and I’ve tended to watch the stock market every day since then... As the President talked about last night, his economic program is working. We’re not going back to socialism. We’re going on an economic plan for America that works. 2019 State of the Union Address: Trump appeals for unity to end political gridlock, February 5, 2019. 2019 State of the Union Address: Trump Praises the Venezuela Coup, February 5, 2019. 1:05:28 President Donald Trump - Two weeks ago, the United States officially recognized the legitimate government of Venezuela, and its new interim President, Juan Guaido. We stand with the Venezuelan people in their noble quest for freedom -- and we condemn the brutality of the Maduro regime, whose socialist policies have turned that nation from being the wealthiest in South America into a state of abject poverty and despair. Here, in the United States, we are alarmed by new calls to adopt socialism in our country. America was founded on liberty and independence --- not government coercion, domination, and control. We are born free, and we will stay free. Tonight, we renew our resolve that America will never be a socialist country. Interview: President Trump on "Face the Nation," CBS News, February 3, 2019. 00:42:58 MARGARET BRENNAN: What would make you use the U.S. military in Venezuela? What's the national security interest? PRESIDENT DONALD TRUMP: Well I don't want to say that. But certainly it's something that's on the- it's an option. MARGARET BRENNAN: Would you personally negotiate with Nicolás Maduro to convince him to exit. PRESIDENT DONALD TRUMP: Well he is requested a meeting and I've turned it down because we're very far along in the process. You have a young and energetic gentleman but you have other people within that same group that have been very very - if you talk about democracy - it's really democracy in action. MARGARET BRENNAN: When did he request a meeting? PRESIDENT DONALD TRUMP: We're going to see what happened. A number of months ago he wanted to meet. Interview: National Security Adviser Ambassador John Bolton, interviewed by Hugh Hewitt, Hugh Hewitt Book Club, February 1, 2019. Transcript Sound Clips: 01:20:23 Hugh Hewitt: There are reports of Venezuela shipping gold to the United Arab Emirates. The UAE is a very close ally of ours. Have you asked the UAE to sequester that gold? John Bolton: Let me just say this. We’re obviously aware of those reports consistent with what we did on Monday against PDVSA, the state-owned oil monopoly where we imposed crippling sanctions. Steven Mnuchin, the Treasury Secretary, is implementing them as we speak. We’re also looking at cutting off other streams of revenue and assets for the Maduro mafia, and that certainly includes gold. And we’ve already taken some steps to neutralize gold that’s been out of the country used as collateral for bank loans. We’ve frozen, and our friends in Europe, have frozen a substantial amount of that. We want to try and do the same here. We’re on top of it. That’s really all I can say at the moment. Council Session: Political Situation in Venezuela, Atlantic Council, January 30, 2019. Witnesses: Ed Royce - Former Chairman of the House Foreign Affairs Committee Carlos Alfredo Vecchio - Voluntad Popular Co-Founder, Interim Venezuelan Charge d’Affaires to the U.S. Julio Borges - Former President for the National Assembly of Venezuela David O’Sullivan - European Union Ambassador to the United States Sound Clips: 11:30 Carlos Alfredo Vecchio (via translator): What do we want to do? What is what we are asking the international community to support us with? First, to put an end to the usurpation of power by Nicolas Maduro. We cannot resolve the political and economic and social crisis as long as the dictatorship is in place. And this is something that we have to make clear. That is my priority, is to put an end to that and to help orchestrate international support to put an end to Maduro's dictatorship. 13:30 Carlos Alfredo Vecchio (via translator): Just to make very clear, I mean, from an economic point of view, we believe in an open market, an open economy. We believe in the private sector, we believe in the international and the national sectors, though, often, of course, our main source of revenue is the oil sector. So that would be a key element to recover our country, and we need to open that market. We need to increase our oil production. 39:15 David O’Sullivan: I think we absolutely share the same objective here. The European Union has always believed that the situation in Venezuela is unsustainable. We did not accept the results of the so-called elections last year. We declined collectively to attend the inauguration. And we are wholly supportive of the efforts of the National Assembly and Guaido to restore true democracy and free and fair elections. 48:00 Representative Ed Royce (CA): And a few years ago when the people in Venezuela elected the National Assembly, over two-thirds opposition to Maduro, he doubled down by asking China to bring the ZTE Corporation in and do a social credit system inside Venezuela on the same basis that it's done in China, which means that you now need that card in order to get food or medicine or your pension or your basic services. 48:30 Representative Ed Royce (CA): The fact that this ZTE-type arrangement exists in Venezuela, and now it exists in North Korea, and there's one other country where they have a contract—they're putting it in the Republic of Iran—this represents a new challenge to democracies. 1:15:00 Carlos Alfredo Vecchio: Just to make very clear, I mean, from an economic point of view, we believe in an open market, an open economy. We believe in the private sector, we believe in the international and the national sectors, though, often, of course, our main source of revenue is the oil sector. So that would be a key element to recover our country, and we need to open that market. We need to increase our oil production. 1:23:30 Carlos Alfredo Vecchio: Those agreements that has not been recognized by an international examiner, who has been illegal, we will not recognize illegal agreements. The rest, yes, we will comply with that. And let me send a clear message. For example, the only way that bond holders will not get paid, if Maduro remains in power. Nobody will complain with them. And China has to understand that, and Russia has to understand that. Discussion: Political Situation in Venezuela, Center for Strategic and International Studies (CSIS), January 29, 2019. Witnesses: Gustavo Tarre - George Washington University, CSIS Americas Program member, Designated Venezuelan Ambassador to the Organization of American States (appointed by Juan Guaido William Brownfield - Former US Ambassador to Venezuela, Chile, and Columbia during the George W. Bush administration and Obama administration Michael Matera - Center for Strategic & International Studies, America’s Program Director Sound Clips: 3:30 Michael Matera: In what is shaping up to be a very unstable and potentially explosive situation in Venezuela, the leading authoritarian nations of the world have stood by Maduro. Russia, Iran, Turkey, China, and Cuba, among a few others, have stated their continued recognition of Maduro. The future of Venezuela is turning more clearly than ever into a proxy struggle between the authoritarian regimes and the democratic nations. Venezuela could easily become the active front on which this struggle is defined. 8:15 Gustavo Tarre: Not only because his knowledge of Venezuela— Madea Benjamin: Not easy because you are here representing a coup. You are totally illegitimate. Nobody elected Juan Guaido, and nobody legitimate appointed you. You are taking Venezuela down the path of a civil war— Unknown Male Speaker: Excuse me. Excuse me, ma’am. Madea Benjamin: How dare you go to a civil war? What kind of patriot are you that allow yourself to be manipulated— Unknown Male Speaker: Out. Get out. Madea Benjamin: —by Donald Trump, John Bolton, and now Elliott Abrams, the ultra hawk. It is a very dangerous situation. We need negotiations, which is why we should be supporting Mexico and Uruguay in their call for negotiations. You don't follow the coup collaborators, like this man right here. Say no to coup. Unknown Male Speaker: See ‘ya. Ambassador— Madea Benjamin: We’re in the 21st century. 1:08:50 William Brownfield: What is the Cuban interest? It's 50,000 barrels of oil a day to an energy-starved nation. What is the Chinese approach? It is very much an economic approach, which is to say there are raw materials of great importance to the Chinese economy that are located in Venezuela, and they have a long-term economic interest in having access to them, driven by economics. Russia is more complicated. They do not need oil. They are, in fact, one of the three largest oil producers in the world right now, who produce more than their national need. It is geostrategic politics. I would offer everyone two thoughts—because I have taken this question from excellent representatives of the media over the last week with some frequency—first, don't listen that closely to the words that you hear from the governments of China or Russia. See if they put another billion or two or three billion investment into Venezuela. Money talks, and I have not seen evidence of that, which suggests that they, too, are pausing and taking a look at what happens. And second, if I could be Russia-specific briefly, I would note, and we all realize this, that over the last 10 years or so, Russia annexed the Crimea, and the Western democracies criticized and protested. Russia created two new republics—one in South Ossetia, the other in North Georgia, I believe—and the Western world protested. Russia at least supported, and I would argue actually infiltrated, large numbers of security personnel into the two easternmost provinces of Ukraine, and the Western world criticized. But at the end of the day, geography and history determined the Crimea is still under Russian control, South Ossetia and North Georgia still exist as independent states, and Russian influence is still quite visible in and whatever the other province is called. All right. That is geographic reality. We are now in the Western Hemisphere. If Brazil and Colombia and Argentina and Canada and the United States take a position, those same geographic realities will, in fact, move in the other direction. Of course we must listen to the Russian and Chinese governments—they are two of perhaps the three most important governments in the world—but we're entitled to use our brains as we calculate what they are saying and how we respond to it. 1:16:30 William Brownfield: What if Maduro hangs on yet once again, which by the way, ladies and gentlemen, is not inconceivable; it's happened before. We had not quite this much of a conversation, but in 2017 some sensed that things might be happening, and they did not happen. Is it possible again? Of course, it is. That is why we talk about a strategy, an international community strategy with two elements: one element being focused on the Maduro de _____(00:35) esta, the removal of that government, and that strategic component is not eliminated until someone new has moved into Miraflores Palace; and the second, related but separate element of planning for the day after. Hearing: Hearing to Consider Worldwide Threats, Select Committee on Intelligence, U.S. Senate, January 29, 2019. C-SPAN Report Video Witnesses: Dan Coats - Director of National Intelligence Christopher Wray - FBI Director Gina Haspel - CIA Director Lt. General Robert Ashley - Defense Intelligence Agency (DIA) Director General Paul Nakasone - National Security Agency Director Sound Clips: 1:11:00 Senator Marco Rubio (FL): We know they have openly and repeatedly, at least Maduro has, invited the Russians and Putin to establish either a rotational or a permanent presence somewhere in Venezuela, thereby creating a Russian military presence in the Western Hemisphere. In fact, they flew, about three weeks ago or a month ago, two Russian nuclear-capable bombers into the Caribbean Sea. 1:12:15 Senator Marco Rubio (FL): Is it not in the national interest of the United States of America that the Maduro regime fall and be replaced by a democratic and more responsible government? 1:15:15 Lieutenant General Robert Ashley: The reference you made to the Tu-160 Blackjacks that flew those strategic bombers, third iteration of that—first time was in '08, and then '14, and we've seen it again. As far as presence on the ground, we can talk a little bit more detail in a closed session about where we see Russia and China going with that greater instability. But in the open press, what you've seen thus far really is nothing more than just vocal support that's coming out of Moscow and that's coming out of China as well, but there is relationship there. From the military standpoint in the way of training, lots of Venezuelan officers go to Russia for training, and there's a reciprocal relationship for equipping them as well. 1:16:00 Senator Angus King (ME): In light of Senator Rubio's comments, I'd just like to note of caution, he listed refugee flows, human rights abuses, and corruption. There are lots of countries in the world that meet that description, and our right or responsibility to generate regime change in a situation like that, I think, is a slippery slope. And I have some real caution about what our vital interests are and whether it's our right or responsibility to take action to try to change the government of another sovereign country. That same description would have led us into a much more active involvement in Syria, for example, five or six years ago, other parts of the country. I just wanted to note that. Fox Business Video: John Bolton on Regime Change in Venezuela, Iraqi Christian HRC, Twitter, January 28, 2019. White House Daily Briefing: Trump Administration sanctions against Venezuela's state-owned oil company, January 28, 2019. Speakers: Steve Mnuchin - Treasury Secretary John Bolton - National Security Advisor Sound Clips: 1:26 John Bolton: As you know, on January the 23rd, President Trump officially recognized the president of the Venezuela National Assembly, Juan Guaido, as the interim president of Venezuela. Venezuela's National Assembly invoked Article 233 of the country's constitution to declare Nicolas Maduro illegitimate. This action was a statement that the people of Venezuela have had enough of oppression, corruption, and economic hardship. Since then, 21 other governments in the region and across the world have joined the United States in recognizing Guaido as Venezuela's interim president. 3:53 John Bolton: I reiterate that the United States will hold Venezuelan security forces responsible for the safety of all U.S. diplomatic personnel, the National Assembly, and President Guido. Any violence against these groups would signify a grave assault on the rule of law and will be met with a significant response. 4:24 Steven Mnuchin: Today Treasury took action against Venezuela’s state-owned oil company, PDVSA, to help prevent the further diversion of Venezuela’s assets by former President Maduro. 5:21 Steven Mnuchin: The path to sanctions relief for PDVSA is through the expeditious transfer of control to the interim president or a subsequent democratically elected government who is committed to taking concrete and meaningful actions to combat corruption. 5:40 Steven Mnuchin: Today OFAC also issued a number of general licenses that authorize certain transactions and activities with PDVSA for limited periods of time to minimize any immediate disruptions and support of ongoing humanitarian efforts. 6:00 Steven Mnuchin: Citgo assets in the United States will be able to continue to operate provided that any funds that would otherwise go to PDVSA instead will go into a blocked account in the United States. 6:10 Steven Mnuchin: Refineries in the United States have already been taking steps to reduce the reliance on imports from Venezuela. Those imports have fallen substantially in recent months. We have also issued general licenses to ensure that certain European and Caribbean countries can make an orderly transition. 6:20 Steven Mnuchin: We continue to call on all of our allies and partners to join the United States in recognizing Interim President Guaido in blocking Maduro from being able to access PDVSA funds. 7:10 Reporter: Is there any circumstance under which American forces would get involved? John Bolton: Well, the president has made it very clear on this matter that all options are on the table. 7:43 Steven Mnuchin: But effective immediately, any purchases of Venezuelan oil by U.S. entities, money will have to go into blocked accounts. Now, I've been in touch with many of the refineries. There is a significant amount of oil that's at sea that's already been paid for. That oil will continue to come to the United States. If the people in Venezuela want to continue to sell us oil, as long as that money goes into blocked accounts, we'll continue to take it. Otherwise, we will not be buying it. And again, we have issued general licenses, so the refineries in the United States can continue to operate. 9:06 Steven Mnuchin: The purpose of sanctions is to change behavior. So when there is a recognition that PDVSA is the property of the rightful rulers, the rightful leaders, the president, then, indeed, that money will be available to Guaido. 9:52 John Bolton: And the authoritarian regime of Chavez and Maduro has allowed penetration by adversaries of the United States, not least of which is Cuba. Some call the country now Cubazuela, reflecting the grip that Cuba’s military and security forces have on the Maduro regime. We think that’s a strategic significant threat to the United States, and there are others as well, including Iran’s interest in Venezuelan’s uranium deposits. 15:56 Steven Mnuchin: We're dealing with Venezuelan oil that is a rather modest part of our overall supply. Again, we're a net exporter of energy. We are particularly concerned that there were a handful of refineries that had a dependence on Venezuelan oil. I think they read the tea leaves. They reduced that dependence significantly along the way. Most of them have in the neighborhood of 10% or less of their dependent on Venezuelan oil. So, I don't expect that people will see an impact on the gas pumps. 17:10 Steven Mnuchin: I’m sure many of our friends in the Middle East will be happy to make up the supply as we push down Venezuela’s supply. Meeting: Secretary Pompeo Speaks at U.N. Security Council Meeting on Venezuela, January 26, 2019. Speaker: Mike Pompeo - Secretary of State Sound Clips: 2:20 Mike Pompeo: Let’s be crystal clear: The foreign power meddling in Venezuela today is Cuba. Cuba has directly made matters worse and the United States and our partners are the true friends of the Venezuelan people. 16:40 Mike Pompeo: Such scenes of misery are now the norm in Venezuela, where millions of children are suffering from malnutrition and starvation, thanks to a socialist experiment that caused the economy to collapse. 20:24 Mike Pompeo: And now it’s time for every other nation to pick a side. No more delays. No more games. Either you stand with the forces of freedom or you’re in league with Maduro and his mayhem... But no regime has done more to sustain the nightmarish condition of the Venezuelan people than the regime in Havana. For years, Cuban security and intelligence thugs, invited into Venezuela by Maduro himself and those around him, have sustained this illegitimate rule. They have trained Maduro’s security and intelligence henchmen in Cuba’s own worst practices. Cuba’s interior ministry even provides former President Maduro’s personal security... Some countries have publicly taken former President Maduro’s side. China, Russia, Syria, and Iran are just four of them. Just this morning, we tried to find a way for this council to speak in one voice in support of the Venezuelan people and our democratic ideals through a presidential statement not this council. But our Russian and Chinese colleagues refused to let this move forward. It’s not a surprise that those that rule without democracy in their own countries are trying to prop up Maduro while he is in dire straights. Meeting: U.N. Security Council Meeting on the Situation in Venezuela, January 26, 2019. Speakers: Jorge Arreaza - Venezuelan Foreign Minister Elliott Abrams - U.S. Special Envoy to Venezuela Sound Clips: 00:10 Jorge Arreaza: So 2002 is a direct precedent to what is happening. They were behind the coup d’etat. They weren’t as much in the vanguard or in advance as this time. They recognized Carmona, the dictator for the 72 hours that it lasted... It was on the 22nd, where Vice President Pence basically in a tweet gave a green light for a coup d’etat in Venezuela. As Under Secretary General said the interim President is self proclaimed. There was no ceremony. It was self proclamation by a member of Parliament at a public rally, at a peaceful public rally, one of many that there have been over the past years... If one of you can tell me in which article and which provision of the United Nations charter you can find the legal basis for self proclamation who wasn’t elected by anyone as President of the Bolivarian Republic of Venezuela, then we can open a discussion on the legal aspects, but I don’t think that will happen... At last we have a chance to speak. We have a written text but before that I wanted to share some thoughts with you. Indeed, we can even thank Mr. Mike Pompeo because in the face of failure at the Organization of American States on the 24th of January, they didn’t have enough weight to impose a resolution, well they convened a meeting of the Security Council. In fact, we - President Maduro - thought of appealing to this body not only to debate the case of Venezuela but rather the blatant and gross intervention, and mechanisms of interference by the United States in our country. In this case, the United States is not behind the coup d’etat, it is in advance in the vanguard of the coup d’etat. It is dictating the orders not only to the Venezuelan opposition but also to the satellite governments in the region, and it seems it Europe and in other parts of the world. 31:47 Elliot Abrams: I can not respond to every attack that was made on every country here. The insults that were made by calling many countries here “satellites”. In fact, it was interesting that every single country that was attacked - or criticized - was a democracy. Every single one that you criticized was a democracy... Today there is a satellite present here and it is Venezuela, which is unfortunately has become a satellite of Cuba and Russia... The regime is hiding behind, and it’s spokesman is hiding behind, the laws and constitution of Venezuela. Hearing: Defense Department Nominations, Senate Armed Services Committee, January 25, 2019. Witness: Vice Admiral Craig Faller - US Southern Command Commander Sound Clips: 1:37:00 Senator Bill Nelson (FL): What do you think that is the proper role of SouthCom in supporting the Venezuelan people now, in this time of exceptional chaos? Craig Faller: Senator, the Southern Command is focused on supporting our partners—Brazil, Columbia, those that have been most affected by the migrants, the spillover of some one-million-plus in Columbia. Recently, visited Columbia was the secretary of defense. President Duque is keenly aware and sharply focused on all his security challenges, and this is at the top of that list. As a result of the Columbian government's request, we intend to deploy the hospital ship Comfort—it will be underway shortly. It was delayed because of the hurricane—to the region to help our partners offset some of the impacts of this, particularly with the medical care that's been required and the strain that's placed on the resources. Fox Business Video: Vice President Mike Pence Tweet about US recognizing Guaido as Venezuelan President, Twitter, January 23, 2019. 00:33:32 Vice President Mike Pence: Today, freedom broke out in Venezuela with the recognition of a new interim president in Juan Guaido, a courageous man who stepped forward, the President of the National Assembly who took the oath of office, and I couldn’t be more proud that at President Trump’s direction, the United States of America became the first country in the world to recognize President Guaido, and now many other nations join us as well. Video: Vice President Mike Pence Tweet about Venezuela, Twitter, January 22, 2019. Vice President Mike Pence: Hola. I’m Mike Pence, the Vice President of the United States, and on behalf of President Donald Trump and all the American people, let me express the unwavering support of the United States as you - the people of Venezuela - raise your voices in a call for freedom. Nicholas Maduro is a dictator with no legitimate claim to power. He’s never won the Presidency in a free and fair election and he’s maintained his grip on power by imprisoning anyone who dares to oppose him. The United States joins with all freedom loving nations in recognizing the National Assembly as the last vestige of democracy in your country, for it’s the only body elected by you, the people. As such, the United States supports the courageous decision by Juan Guaido, the President of your National Assembly, to assert that body’s constitutional powers, declare Maduro a usurper, and call for the establishment of a transitional government. As you make your voices heard tomorrow, on behalf of the American people, we say to all the good people of Venezuela, estamos con ustedes. We are with you. We stand with you and we will stay with you until democracy is restored and you reclaim your birthright of libertad. Muchas gracias y vayan con Dios. Hearing: Foreign Policy in the Western Hemisphere, House Foreign Affairs Committee, July 11, 2018. Witnesses: Kenneth Merten - Deputy Assistant secretary of State for Western Hemisphere Affairs Sarah-Ann Lynch - USAID Senior Deputy Assistant Administrator for Latin America and the Caribbean Sound Clips: 27:30 Chairman Ed Royce (CA): And meanwhile, despite sitting on the world's largest oil reserves, Venezuelan oil production has fallen by half in the last few years. Venezuela in the meantime has been sending several hundred thousand barrels of oil every day to China as repayment on the tens of billions of dollars it has borrowed. And more recently, China's development bank announced a new quarter-billion dollar investment to shore up Venezuela's struggling oil production. Video: You're Welcome, Duane Johnson, Moana, YouTube, November 28, 2019. Hearing: The Collapse of the Rule of Law in Venezuela, Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues, Senate Committee on Foreign Relations, July 19, 2017. Witness: Luis Almagro - Secretary General of the Organization of American States Sound Clips: 07:15 Senator Marco Rubio: I also know this, and I do not speak for the president, but I’ve certainly spoken to the president, and I will only reiterate what he has already said, and I’ve been saying this now for a number of days: it is my—I have 100% confidence that if democracy is destroyed once and for all in Venezuela on the 30th in terms of the Maduro regime, the president of the U.S. is prepared to act unilaterally in a significant and swift way. And that is not a threat; that is the reporting of the truth. Hearing: Full Committee Hearing Venezuela: Options for U.S. Policy, Senate Committee on Foreign Relations, March 2, 2017. Witnesses: Dr. David Smilde - Professor at Tulane University & NYT writer Dr. Shannon O’Neil - Council on Foreign Relations Former equity analyst at Indosuez Capital and Credit Lyonnais Securities Member of the Board of Directors at Rassini, an multinational auto parts manufacturers that make parts for US auto companies Senior advisor for Latin America at Macro Advisory Partners, a multinational consulting firm founded in 2013 Mark Feierstein - Center for Strategic and International Studies Senior Advisor to the Albright Stonbridge Group CLS Strategies GBA Strategies Special assistant to President Obama and Senior Director for Western Hemisphere Affairs Former Assistant Administrator for Latin America and the Caribbean at USAID Worked in State Dept and USAID in Clinton Administration Former principal at Greenberg Quinlan Rosner, an international political consulting firm Sound Clips: 21:53 Shannon O’Neil: Multilateral initiatives are perhaps more important and potentially more fruitful as a means to influence Venezuela. This will mean working behind the scenes to galvanize opposition and condemnation for the Maduro regime. This’ll be more effective than U.S. efforts alone as it will be much harder for the Venezuelan government to dismiss the criticisms and the actions of its South American neighbors as imperialist overreach. And such a coalition is much more possible today than in any time in the recent past, due both to the accelerating repression and the breaking of the last democratic norms in Venezuela, and due to the very different stances of South America’s recently elected leaders, particularly in Peru, in Brazil, and in Argentina. 41:12 Senator Bob Menendez: I’m pleased to have led a bipartisan and bicameral letter of my colleagues, urging the administration to take actions against the administration, and I look forward for a continuing engagement. But I hope we can work together to hold human-rights violators and drug traffickers, send a clear message, “If you’re going to violate rights of others inside of Venezuela, know that you’re next. Know that you’re next.” And while the Maduro regime may have sanctioned me and forbidden my entry into Venezuela, it will not stop me from pursuing this issue. Video Compilation: Either With Us or With the Terrorists - President George W. Bush, YouTube, May 26, 2013 Additional Reading Article: How Washington funded the counterrevolution in Venezuela by Tim Gill and Rebecca Hansen, The Nation, February 8, 2019. Statement: Pelosi statement on the situation in Venezuela, Nancy Pelosi, Speaker of the House, February 8, 2019. Article: Venezuela says plan from Miami delivered weapons for use by enemies of Maduro by Tim Johnson, McClatchy DC, February 7, 2019. Article: Senators fail to reach deal on recognizing Venezuela's Guaido, aide says by Daniel Flatley, Bloomberg, February 7, 2019. Article: Bipartisan Venezuela legislation fizzles over use of military force by Leigh Ann Caldwell and Josh Lederman, NBC News, February 6, 2019. Article: Spotify podcast acquisitions will bring a lot of money into tiny industry by Taylor Telford, The Washington Post, February 6, 2019. Article: Spotify technology S.A. announces financial results for fourth quarter 2018, Spotify Investors, February 6, 2019. Article: Trump's Venezuela envoy to testify to U.S. House panel amid crisis by Patricia Zengerle and Arshad Mohammed, Reuters, February 6, 2019. Article: Russia starts to worry Maduro's grip is slipping in Venezuela, The Moscow Times, February 6, 2019. Article: French, German farmers destroy crops after GMOs found in BAyer seeds by Sybille de La Hamaide, Reuters, February 6, 2019. Article: Venezuela opposition will name new Citgo board this week: WSJ, Reuters, February 6, 2019. Article: How the neocons captured Donald Trump by Brian D'Haeseleer, The Washington Post, February 5, 2019. Article: Lima group warns against Venezuela military intervention, France 24, February 5, 2019. Article: Maduro's allies: Who backs the Venezuelan regime? by Rocio Cara Labrador, Council on Foreign Relations, February 5, 2019. Article: What does it mean for the United States to recognize Juan Guaido as Venezuela's President? by Scott R. Anderson, Lawfare, February 1, 2019. Article: Venezuela opposition leader outlines plan to revive nation by Ryan Dube and Kejal Vyas, The Wall Street Journal, January 31, 2019. Article: Elliott Abrams, Trump's pick to bring "democracy" to Venezuela, has spent his life crushing democracy by John Schwarz, The Intercept, January 30, 2019. Article: U.S. push to oust Venezuela's Maduro marks first shot in plan to reshape Latin America by Jessica Donati, Vivian Salama, and Ian Talley, The Wall Street Journal, January 30, 2019. Article: The real reason why those foreign powers are so interested in Venezuela by Melik Kaylan, Forbes, January 29, 2019. Article: How Citgo, a U.S. oil company, became Venezuela's lifeline by Adam Taylor, The Washington Post, January 29, 2019. Article: US diplomat convicted over Iran-Contra appointed special envoy for Venezuela by Julian Borger, The Guardian, January 26, 2019. Tweet: America stands by the people of #Venezuela... Nancy Pelosi, Twitter, January 24, 2019. Article: Russia warns U.S. not to intervene in Venezuela as military backs Maduro by Ana Vanessa Herrero and Neil MacFarquhar, The New York Times, January 24, 2019. Tweet: The citizens of Venezuela have suffered for too long at... Donald J. Trump, January 23, 2019. Tweet: Today @POTUS announced the U.S. officially recognizes Juan Guaido as... Vice President Mike Pence, January 23, 2019. Tweet: .@POTUS & the US stand w/ the Venezuelan peopl eas they seek to regain their liberty from... Vice President Mike Pence, January 22, 2019. Article: Brazil's Bolsonaro pledges action to 'restore democracy' in Venezuela, Reuters, January 17, 2019. Article: Venezuela is in crisis. So how did Maduro secure a second term? by Ana Vanessa Herrero and Megan Specia, The New York Times, January 10, 2019. Article: Lima group says it won't recognize Maduro's new term as president of Venezuela by Jim Wyss, Miami Herald, January 4, 2019. Article: Trump taps ex-Boeing executive Patrick Shanahan as acting Defense Secretary by Darko Janjevic, DW, December 23, 2018. Article: Russia sends 2 nuclear-capable bombers to Venezuela by Vladimir Isachenkov, Navy Times, December 10, 2018. Article: Russia signs $6 billion investment deals with Venezuela, Maduro says, The Moscow Times, December 7, 2018. Press Release: Rubio, Van Hollen urge administration to investigate ZTE business with Venezuelan government, Marco Rubio Newsroom, November 28, 2018. Article: How ZTE helps Venezuela create China-style social control by Angus Berwick, Reuters, November 14, 2018. Article: Trump administration tightens sanctions gains Cuba, Venezuela by Courtney McBride, The Wall Street Journal, November 1, 2018. Article: Canada's Rusoro Mining reaches $1.3B deal with Venezuela by Cecilia Jamasmie, Mining.com, October 12, 2018. Article: Rusoro Mining has received a settlement proposal from the Bolivarian Republic of Venezuela, Rusoro Mining News, October 11, 2018. Article: Venezuela hands China more oil peresence, but no mention of new funds by Ben Blanchard and Alexandra Ulmer, Reuters, September 14, 2018. Article: Trump administration discussed coup plans with rebel Venezuelan officers by Ernesto Londono and Nicholas Casey, The New York Times, September 8, 2018. Article: A record-breaking market doesn't matter to most Americans by Helaine Olen, The Washington Post, August 22, 2018. Article: The politics of food in Venezuela by Ana Felicien, Christina Schiavoni, and Liccia Romero, Monthly Review, June 1, 2018.html) by William Neuman and Nicholas Casey, The New York Times, May 20, 2018. Article: Regional leaders call on Venezuela to suspend 'illegitimate' election by Eli Meixler, Time, May 15, 2018. Article: [Venezuela election won by Maduro amid widespread disillusionment](https://www.nytimes.com/2018/05/20/world/americas/venezuela-election. Article: US media ignore - and applaud - economic war on Venezuela by Gregory Shupak, Common Dreams, March 22, 2018. Article: Rusoro mining wins key U.S. court ruling confirming arbitration award, Rusoro Mining News, March 14, 2018. Article: Venezuela's Maduro calls for 'mega-election' that could cement his power by Rachelle Krygier, The Washington Post, February 22, 2018. Article: Venezuela opposition will boycott election, and Maduro tightens his hold by Ana Vanessa Herrero and Kirk Semple, The New York Times, February 21, 2018. Article: Venezuela launches virtual currency, hoping to resuscitate economy by Kirk Semple and Nathaniel Popper, The New York Times, February 20, 2018. Tweet: The world would support the Armed Forces in #Venezuela if they decide to... Marco Rubio, February 9, 2018. Article: Few challengers in sight, Venezuela sets April 22 for presidential vote by Nicholas Casey, The New York Times, February 7, 2018. Briefing: Background briefing on the Secretary's travel to Austin, Texas; Mexico City, Mexico; San Carlos Bariloche, Argentina; Buenos Aires, Argentina; Lima, Peru; Bogota, Colombia; and Kingston, Jamaica, Senior State Department Officials, U.S. Department of State, January 29, 2018. Article: Venezuela calls for early elections, and Maduro aims to retain control by Kirk Semple, The New York Times, January 23, 2018. Article: Tired of regional critics, Venezuela looks to Russia and China by Ernesto Londono, The New York Times, December 27, 2017. Article: Venezuela puts up roadblock for opposition in next presidential vote by Ana Vanessa Herrero, The New York Times, December 20, 2017. Article: As Venezuela opposition shuns vote, leader's party tightens grip on power by Kirk Semple, The New York Times, December 10, 2017. Article: Putin extends lifeline to cash-strapped Venezuela by Patrick Gillespie, CNN Business, November 15, 2017. Article: Venezuela's two legislatures duel, but only one has ammunition by Kirk Semple, The New York Times, November 3, 2017. Advisory: Reports from financial institutions are critical to stopping, deterring, and preventing the proceeds tied to suspected Venezuelan public corruption from moving through the U.S. financial system, Financial Crimes Enforcement Network, September 20, 2017. Article: White House raises pressure on Venezuela with new financial sanctions by Clifford Krauss, The New York Times, August 25, 2017. Article: Venezuela's new, powerful assembly takes over legislature's duties by Nicholas Casey, The New York Times, August 18, 2017. Report: Vladimir's Venezuela - leveraging loans to Caracas, Moscow snaps up oil assets by Marianna Parraga and Alexandra Ulmer, Reuters, August 11, 2017. Article: Trump says military is 'locked and loaded' and North Korea will 'regret' threats by Peter Baker, The New York Times, August 11, 2017. Article: Venezuela's new assembly members share a goal: Stifle dissent by Nicholas Casey and Ana Vanessa Herrero, The New York Times, August 3, 2017. Article: Venezuela vote marred by violence, including candidate's death by Nicholas Casey, Patricia Torres, and Ana Vanessa Herrero, The New York Times, July 30, 2017. Article: Goldman buys $2.8 billion worth of Venezuelan bonds, and an uproar begins by Landon Thomas Jr., The New York Times, May 30, 2017. Article: Nicolas Maduro, Venezuela President, calls for a rewrite of the constitution by Nicholas Casey, The New York Times, May 1, 2017. Article: Venezuela says it will leave pro-democracy organization by Nicholas Casey, The New York Times, April 26, 2017. Article: Crisis-ridden Venezuela gave $500k to Trump inauguration by Patrick Gillespie and Flora Charner, CNN Money, April 20, 2017. Article: Venezuelan court revises ruling that nullified legislature by Nicholas Casey and Patricia Torres, The New York Times, April 1, 2017. Article: As criticism mounts, Venezuela asks high court revisit power grab by Nicholas Casey, The New York Times, March 31, 2017. Article: Venezuela muzzles legislature, moving closer to one-man rule by Nicholas Casey and Patricia Torres, The New York Times, March 30, 2017. Article: An actual American war criminal may become our second-ranking diplomat by Eric Alterman, The Nation, February 2, 2017. Article: What happened when Venezuela outlawed its own currency by Jeremy Ashkenas and Quoctrung Bui, The New York Times, December 30, 2016. Article: Venezuela: three opposition lawmakers resign in concession to Maduro, Reuters, November 15, 2016. Article: Venezuelan lawmakers vote to put President Nicolas Maduro on trial by Ana Vanessa Herrero and Elisabeth Malkin, The New York Times, October 25, 2016. Article: Venezuelan electoral panel halts effort to recall President Nicolas Maduro by Patricia Torres and Elisabeth Malkin, The New York Times, October 21 2016. Article: Venezuela's supreme court consolidates Nicolas Maduro's power by Elisabeth Malkin and Nicholas Casey, The New York Times, October 12, 2016. Article: O.A.S. issues rebuke to Venezuela citing threats to democracy by Nicholas Casey, The New York Times, May 31, 2016. Article: Venezuela panel clears the way for a process to oust Nicolas Maduro by Patricia Torres and Nicholas Casey, The New York Times, April 26, 2016. Article: Venezuela's court deals another blow to opposition lawmakers by Nicholas Casey, The New York Times, April 12, 2016. Article: In power struggle, Venezuela's high court declares parliament in contempt by Mery Mogollon and Chris Kraul, Los Angeles Times, January 11, 2016. Article: Venezuela: Court held lawmakers in contempt by Nicholas Casey, The New York Times, January 11, 2016. Article: Venezuela opposition takes reins of assembly as tensions rise by William Neuman and Nicholas Casey, The New York Times, January 5, 2016. Article: 9 opposition candidates barred from Venezuela's December ballot by William Neuman, The New York Times, August 23, 2015. Article: Venezuelan court rejects challenge to Presidential election results by William Neuman, The New York Times, August 7, 2013. Article: Kerry encourages Venezuela recount by William Neuman, The New York Times, April 17, 2013. Report: Study mission of the Carter Center in 2013 Presidential elections in Venezuela, The Carter Center, April 14, 2013. Article: Venezuela coup linked to Bush team by Ed Vulliamy, The Guardian, April 21, 2002. Article: Uprising in Venezuela: The government; Venezuela's chief forced to resign; civilian installed by Juan Forero, The New York Times, April 13, 2002. Article: 12 years of tortured truth on El Salvador by Guy Gugliotta and Douglas Farrah, The Washington Post, March 21, 1993. Article: Bush pardons Weinberger, 5 others in Iran-Contra;Act called cover-up by Robert Jackson and Ronald J. Ostrow, The Los Angeles Times, December 25, 1992. Article: Elliot Abrams admits his guild on 2 counts in Contra cover-up by David Johnston, The New York Times, October 8, 1991. Article: Aide says U.S. planes carried contra arms, Archives, The New York Times, August 15, 1987. Resources Bio: Elliot Abrams, Council on Foreign Affairs National Endowment for Democracy: Elliott Abrams, Council on Foreign Relations Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

united states america american director time texas money canada president donald trump europe china house france mexico law state americans new york times miami africa russia chinese european ukraine speaker german vice president russian board european union western barack obama brazil forbes situation north progress turkey argentina middle east iran comfort policy wall street journal colombia washington post vladimir putin act council guardian chile caribbean cuba senate columbia senior democracy venezuela peru bush south america intelligence united nations dios presidential strategic secretary syria republic jamaica latin america yale capitalism moscow muchas bloomberg north korea senior director human rights state of the union donations excuse cnbc coup parliament boeing el salvador buenos aires nancy pelosi lima mexico city cuban archives mike pence mining george w bush uruguay los angeles times uae presidency secret service reuters nbc news south american venezuelan cbs news moana bayer potus contra havana maduro rubio usaid guido chavez united arab emirates armed forces crimea foreign relations caracas marco rubio gmos bogota 3b blackjack mike pompeo john bolton duque c span intercept miami herald dw ua affaires atlantic council columbian carmona cubans western hemisphere lawfare senate committee north georgia subcommittee security council cnn money nicolas maduro treasury secretary hwy select committee special envoy national assembly regime change defense secretary zte state dept iran contra tim johnson weinberger oas stifle american states david johnston caribbean sea carter center house foreign affairs committee adam taylor peter baker senate armed services committee international studies csis cnn business juan guaido hugh hewitt moscow times guaido robert jackson steven mnuchin common dreams pdvsa citgo article how scott r congressional dish monthly review van hollen elliott abrams sound clips crestview financial crimes enforcement network southern command music alley ostrow south ossetia nicholas maduro duane johnson southcom tim gill helaine olen nathaniel popper eric alterman patrick shanahan strategic international studies bolivarian republic julian borger navy times patricia torres john schwarz patrick gillespie nicholas casey vivian salama ed vulliamy macro advisory partners csis americas program cover art design madea benjamin mcclatchy dc ana vanessa herrero david ippolito article trump ben blanchard venezuela's president elisabeth malkin greenberg quinlan rosner
Congressional Dish
CD189: "First Step" Prison Reform

Congressional Dish

Play Episode Listen Later Jan 27, 2019 123:16


In the final days of the 115th Congress, Congress passed and President Trump signed into law the First Step Act, which made changes to the operation of the federal prison system. In this episode, learn every detail of this new law, including the big money interests who advocated for its passage and their possible motivations for doing so. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD176: Target Venezuela: Regime Change in Progress CD129: The Impeachment of John Koskinen Bills/Laws S.756 - First Step Act of 2018 Govtrack Link Committee Summary Bill Text House Final Vote Results Senate Final Vote Results Sponsor: Sen. Dan Sullivan (AK) Original bill numbers for the First Step Act were S.2795 and HR 5682 First Step Act Outline TITLE I - RECIDIVISM REDUCTION Sec. 101: Risk and needs assessment system Orders the Attorney General to conduct a review current and possible recidivism reduction programs, including a review of products manufactured overseas the could be produced by prisoners and would not compete with the domestic private sector Orders the Attorney General to create an assessment system for each prisoner to be conducted during the intake process that will classify each of them as having minimum, low, medium, or high risk of recidivism, the prisoner’s likelihood of violent or serious misconduct, and assign them to programs accordingly. This process must be published on the Department of Justice website by July 19, 2019 (210 days after enactment). Prerelease custody means home confinement with 24 hour electronic monitoring, with the possibility of being allowed to leave to go to work, to participate in a recidivism reduction program, perform community service, go to the doctor, attend religious services, attend weddings or funerals, or visit a seriously ill family member. Sec. 102: Implementation of Risk and Needs Assessment System By mid-January 2020, the Attorney General must implement the new risk assessment system and complete the initial intake risk assessments of each prisoner and expand the recidivism reduction programs The Attorney General “shall” develop polices for the warden of each prison to enter into partnerships with “non-profit and other private organizations including faith-based, art, and community-based organizations”, schools, and “private entities that will deliver vocational training and certifications, provide equipment to facilitate vocational training…employ prisoners, or assist prisoners in prerelease custody or supervised related in finding employment” and “industry sponsored organization that will deliver workforce development and training, on a paid or volunteer basis.” Priority for participation will be given to medium and high risk prisoners Sec. 104: Authorization of Appropriations Authorizes, but does not appropriate, $75 million per year from 2019 to 2023. Sec. 106: Faith-Based Considerations In considering “any entity of any kind” for contracts “the fact that it may be or is faith-based may not be a basis for any discrimination against it in any manner or for any purpose.” Entities “may not engage in explicitly religious activities using direct financial assistance made available under this title” Sec. 107: Independent Review Committee The National Institute of Justice will select a “nonpartisan and nonprofit organization… to host the Independent Review Committee" The Committee will have 6 members selected by the nonprofit organization, 2 of whom must have published peer-reviewed scholarship about the risk and needs assessments in both corrections and community settings, 2 corrections officers - 1 of whom must have experience working in the Bureau of Prisons, and 1 individual with expertise in risk assessment implementation. The Committee will assist the Attorney General in reviewing the current system and making recommendations for the new system. TITLE II - BUREAU OF PRISONS SECURE FIREARMS STORAGE Sec. 202: Secure Firearms Storage Requires secure storage areas for Bureau of Prisons employees to store their firearms on the outside of the prisoner area. Allows Bureau of Prison employees to store firearms lockboxes in their cars Allows Bureau of Prison employees “to carry concealed firearms on the premises outside of the secure perimeter of the institution” TITLE III - RESTRAINTS ON PREGNANT PRISONERS PROHIBITED Sec. 301: Use of Restraints on Prisoners During the Period of Pregnancy and Postpartum Recovery Prohibited From the day a prisoner’s pregnancy is confirmed and ending 12 weeks or longer after the birth, a “prisoner in the custody of the Bureau of Prisons, or in the custody of the United States Marshals Service… shall not be placed in restraints” Will not apply to state prisons or local jails Exceptions include if the prisoner is an “immediate and credible flight risk” or if she poses an “immediate and serious threat of harm to herself or others” No matter what, a pregnant or recovering mother can’t: Have restraints placed around her ankles, legs, or waist Have her hands tied behind her back Be restrained using “4-point restraints" Be attached to another prisoner Within 48 hours of the pregnancy confirmation, the prisoner must be notified of the restraint restrictions (it doesn’t say how they must be notified) TITLE IV - SENTENCING REFORM Sec. 401: Reduces Sentencing for Prior Drug Felonies Changes the mandatory minimum for repeat offender with a previous “serious drug felony” (which is defined based on the length of the prison sentence: An offense for which they served more than 12 months) or a “serious violent felony” (added by this bill) from an automatic 20 year sentence to an automatic 15 year sentence. Changes the mandatory minimum for repeat offenders with two or more previous “serious drug felony or serious violent felony” convictions from a mandatory life sentence to a mandatory 25 years. Applies to cases that have not been sentenced as of the date of enactment and is not retroactive Sec. 402: "Broadening of Existing Safety Valve” Expands the criteria for leniency from mandatory minimums to include people with up to 4 prior non-volent convictions, not including minor misdemeanors. Applies to cases that have not been sentence as of the date of enactment and is not retroactive. Sec. 404: Appeals For Current Prisoners Convicted of Crack Related Crimes Allows people who were convicted of crack related crimes prior to August 3, 2010 (when the Fair Sentencing Act of 2010 - which reduced the sentencing differences between crack and power cocaine - became law) to be eligible for reduced sentences. TITLE V - SECOND CHANCE ACT OF 2007 REAUTHORIZATION Sec. 502: Changes Existing Programs Creates an optional grant program for the Attorney General allowing him to provide grants to private entities along with governmental ones, for consulting services (to “evaluate methods”, “make recommendations”, etc). Authorizes, but doesn’t appropriate, $10 million per year from 2019 through 2023 ($50 million total) Sec. 503: Audits of Grantees Requires annual audits of entities receiving grants under the Second Chance Act of 2007 beginning in fiscal year 2019. Prohibits grantees from using grant money to lobby Department of Justice officials or government representatives, punishable by the full repayment of the grant and disqualification for grants for 5 years. TITLE VI- MISCELLANEOUS CRIMINAL JUSTICE Sec. 601: Placement of Prisoners Close to Families Requires that attempts be made to place a prisoners within 500 driving miles of the prisoner’s primary residence Adds “a designation of a place of imprisonment… is not reviewable by any court.” Sec. 603: Terminally Ill Prisoners Can Go Home Allows some terminally ill or elderly prisoners over the age of 60 to serve the rest of their sentences in home confinement Sec. 605: Expanding Prison Labor Allows Federal Prison Industries to sell products, except for office furniture, to government entities for use in prisons, government entities for use in disaster relief, the government of Washington DC, or “any organization” that is a 501(c)3 (charities and nonprofits), 501(c)4s (dark money “social welfare" organizations), or 501d (religious organizations). Requires an audit of Federal Prison Industries to begin within 90 days of enactment, but no due date. Sec. 611: Healthcare Products Requires the Bureau of Prisons to provide tampons and sanitary napkins to prisoners for free Sec. 613: Juvenile Solitary Confinement Prohibits juvenile solitary confinement to only when needed as a 3 hour temporary response to behavior that risks harming the juvenile or others, but it can not be used for “discipline, punishment, or retaliation” Federal Prison Industries: UNICOR UNICOR Index FPI is a “wholly-owned government corporation established by Congress on June 23, 1934. It’s mission is to protect society and reduce crime by preparing inmates for successful reentry through job training” UNICOR FAQs UNICOR 2018 Sales Report UNICOR Federal Prison Industries, Inc., Fiscal Year 2015, Annual Management Report, November 16, 2015 Shutdown Back-Pay Law -Government Employee Fair Treatment Act of 2019, signed January 16 2019. - Bill Text Additional Reading Article: Revolving door brings Trump-tied lobbying firm even closer to the White House by Anna Massoglia and Karl Evers-Hillstrom, OpenSecrets News, January 22, 2019. Article: Trump fails the first test of the First Step Act by Edward Chung, The Hill, January 10, 2019. Article: The First Step Act could be a big gift to CoreCivic and the private prison industry by Liliana Segura, The Intercept, December 22, 2018. Article: For-profit prisons strongly approve of bipartisan criminal justice reform bill by Karl Evers-Hillstrom, OpenSecrets News, December 20, 2018. Statement: SPLC statement on bipartisan passage of First Step Act criminal justice reform bill by Lisa Graybill, Southern Poverty Law Center, December 20, 2018. Article: The First Step Act is not sweeping criminal justice reform - and the risk is that it becomes the only step by Natasha Lennard, The Intercept, December 19, 2018. Article: Conservatives scramble to change criminal justice bill by Jordain Carney, The Hill, December 18, 2018. Article: The FIRST STEP Act will make us safer without the Cotton-Kennedy amendments by Tricia Forbes, The Hill, December 18, 2018. Article: Who no details about criminal justice 'reform'? by Thomas R. Ascik, The Hill, December 17, 2018. Letter: The ACLU and the Leadership Conference support S.756, and urge Senators to vote yes on Cloture and no on all amendments, The Leadership Conference, CivilRights.org, December 17, 2018. Article: Koch-backed criminal justice reform bill to reach Senate, All Things Considered, NPR, December 16, 2018. Article: The problem with the "First Step Act" by Peniel Ibe, American Friends Service Committee, December 14, 2018. Article: Why is a Florida for-profit prison company backing bipartisan criminal justice reform? by Steve Dontorno, Tampa Bay Times, December 7, 2018. Article: How the FIRST STEP Act moves criminal justice reform forward by Charlotte Resing, ACLU, December 3, 2018. Article: Private prison companies served with lawsuits over using detainee labor by Amanda Holpuch, The Guardian, November 25, 2018. Statement: GEO Group statement on federal legislation on prison reform (The FIRST STEP Act), GEO Group, November 19, 2018. Article: Karl Rove's crossroads GPS is dead, long live his multi-million dollar 'dark money' operation by Anna Massoglia and Karl Evers-Hillstrom, OpenSecrets News, November 16, 2018. Article: We are former attorneys general. We salute Jeff Sessions. by William P. Barr, Edwin Meese III, and Michael B. Mukasey, The Washington Post, November 7, 2018. Article: How the Koch brothers built the most powerful rightwing group you've never heard of by Alexander Hertel-Fernandez, Caroline Tervo, and Theda Skocpol, The Guardian, September 26, 2018. Article: U.S. prisoners' strike is a reminder how common inmate labor is by Ruben J. Garcia, CBS News, September 8, 2018. Article: Kim Kardashian, activist, visits White House to call for prisoner freedom by Amelia McDonell-Parry, Rolling Stone, September 6, 2018. Article: Who is Chris Young? Kim Kardashian West to meet with Donald Trump to try to get prisoner pardoned by Janice Williams, Newsweek, September 5, 2018. Article: Kim Kardashian West visits White House to talk prison reform by Brett Samuels, The Hill, September 5, 2018. Article: Kim Kardashian West to another convicted felon's case: report by Brett Samuels, The Hill, September 5, 2018. Article: 'Prison slavery': Inmates are paid cents while manufacturing products sold to government by Daniel Moritz-Rabson, Newsweek, August 28, 2018. Article: Turf war between Kushner and Sessions drove federal prison director to quit by Glenn Thrush and Danielle Ivory, The New York Times, May 24, 2018. Report: Attorney General Sessions announces Hugh Hurwitz as the Acting Director of the Federal Bureau of Prisons, Department of Justice, May 18, 2018. Article: Beware of big philanthropy's new enthusiasm for criminal justice reform by Michelle Chen, The Nation, March 16, 2018. Article: Corporations and governments collude in prison slavery racket by Mark Maxey, People's World, February 7, 2018. Article: Super PAC priorities USA plans to spend $50 million on digital ads for 2018 by Jessica Estepa, USA Today, November 2, 2017. Article: Private prisons firm to lobby, campaign against recidivism by Jonathan Mattise, AP News, October 31, 2017. Article: Slave labor widespread at ICE detention centers, lawyers say by Mia Steinle, POGO, September 7, 2017. Article: The sordid case behind Jared Kushner's grudge against Chris Christie by Byron York, The Washington Examiner, April 16, 2017. Report: How much do incarcerated people earn in each state? by Wendy Sawyer, Prison Policy Initiative, April 10, 2017. Press Release: The GEO Group closes $360 million acquisition of community education centers, Company Release, GEO Group, Inc., April 6, 2017. Article: How a private prison company used detained immigrants for free labor by Madison Pauly, Mother Jones, April 3, 2017. Article: Bias in criminal risk scores is mathematically inevitable, researchers say by Julia Angwin and Jeff Larson, ProPublica, December 30, 2016. Article: Jailed for ending a pregnancy: How prosecutors get inventive on abortion by Molly Redden, The Guardian, November 22, 2016. Article: Federal prison-owned 'factories with fences' facing increased scrutiny by Safia Samee Ali, NBC News, September 4, 2016. Investigative Summary: Findings of fraud and other irregularities related to the manufacture and sale of combat helmets by the Federal Prison Industries and ArmorSource, LLC, to the Department of Defense, Office of the Inspector General, August 2016. Report: Federal prison industries: Background, debate, legislative history, and policy options, Congressional Research Service, May 11, 2016. Article: New Koch by Jane Mayer, The New Yorker, January 25, 2016. Article: Pregnant and behind bars: how the US prison system abuses mothers-to-be by Victoria Law, The Guardian, October 20, 2015. Article: American slavery, reinvented by Whitney Benns, The Atlantic, September 21, 2015. Article: Yes, prisoners used to sew lingerie for Victoria's Secret - just like in 'Orange is the New Black' season 3 by Emily Yahr, The Washington Post, June 17, 2015. Report: Treatment industrial complex: How for-profit prison corporations are undermining efforts to treat and rehabilitate prisoners for corporate gain by Caroline Isaacs, Grassroots Leadership, November 2014. Report: The prison indistries Enhancement Certification Program: A program history by Barbara Auerbach, National CIA, May 4, 2012. Article: The hidden history of ALEC and prison labor by Mike Elk and Bob Sloan, The Nation, August 1, 2011. Article: Slave labor - money trail leads to Koch brothers and conservatives who want your job! by Bob Sloan, Daily Kos, February 21, 2011. Article: The Legacy by Gabriel Sherman, New York Magazine, July 12, 2009. Hearing: Federal Prison Industries, House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, C-SPAN, July 1, 2005. Article: Democratic donor receives two-year prison sentence by Ronald Smothers, The New York Times, March 5, 2005. Sound Clip Sources Discussion: Criminal Justice Reform and Senate Vote on First Step Act, C-SPAN, December 19, 2018. Speakers: - Mike Allen, Founder and Executive Editor of Axios - Mark Holden, Senior Vice President and General Counsel of Koch Industries - Senator Amy Klobuchar Sound Clips: 22:27 Mike Allen: So, I have on NPR, “Koch-Backed Criminal Justice Reform to Reach Senate.” To some people, at least at first blush, there’s an incongruity to that. Tell us how Koch Industries got involved in this issue. Mark Holden: Yeah, well, I mean, Charles Koch and David Koch have been very focused on these issues forever, literally. They were early funders of Families Against Mandatory Minimums, Institute for Justice, a lot of different groups. And from Charles’s perspective, the war on drugs, it’s been a failure. It doesn’t mean that you—there aren’t—it was in a criminal element within the war on drugs, but there are a lot of people in the war on drugs who don’t need to be incarcerated for so long. And so we’ve been very much in favor of proportional sentencing. You know, punishment must fit the crime. You break the law, you should pay a price, and then once you pay that price, you should be welcomed back into society, with all your rights. All your rights come back. That’s why we supported Amendment 4 down in Florida, the voting restoration rights for people with felonies in Florida. We don’t think it makes sense for people not to be able to participate once they’ve paid their debt to society. And for us, for Charles in particular, this is all about breaking barriers to opportunity. 24:10 Mark Holden: And last night, 87 to 12, that’s a curb stomping. And I will note, as a Patriots fan, Gronk is 87 and Brady’s 12, right? I mean, yeah. Something there. 49:00 Mike Allen: Watching last night, and the conversations today, it was clear there was a real sense of history, a sense of occasion on the Senate floor last night. Take us there. Tell us what that was like. Senator Amy Klobuchar (MN): Well, we haven’t had a lot of joyous moments in the Senate this year. Big-surprise-news item I gave you. And this was one of those because I think for one thing we’re coming to the end of the year. We were able to get some really important things done: the farm bill; the sex harassment bill that I led with Senator Blunt that had been really difficult to negotiate for the last year; and then of course the budget, which we hope to get done in the next two days; and then we’ve got this. And this was something that has been explained. It was five years in the making. It took people out of their comfort zones. You had people on both sides that never thought they’d be talking about reducing drug sentences. So in that way, it was kind of this Christmas miracle that people came together. But the second piece of it was just that we knew they were these bad amendments that you’ve heard about. Some of them we felt were maybe designed to put us in a bad place, only because politically the bill protected us from a lot of the things that were in the amendments. So what was the best part of the night for me was that it wasn’t Democrats fighting against Tom Cotton and these amendments; it was Chuck Grassley, in his festive-red holiday sweater, who went up there with that Iowa accent that maybe only I can understand, being from Minnesota, and was able to really effectively fight them down. And the second thing was just the final vote—I mean, we don’t get that many votes for a volleyball resolution—and that we had that strong of support for the reform was also really exciting. Senate Session: Senate floor First Step Act Debate and Vote, C-SPAN, December 18, 2018. Podcast: Wrongful Conviction Podcast: Kim Kardashian and Jason Flom join forces to advocate for Criminal Justice Reform and Clemency, September 5, 2018. Netflix Episode: Orange is the New Black, Season 3 Episode 5, Fake it Till You Make It Some More, June 11, 2015. Netflix Episode: Orange is the New Black, Season 3 Episode 6, Ching Chong, Chang, June 11, 2015. Video Clip: Whitney Houston 'Crack is Whack' Clip from 2002 Diane Sawyer Interview on ABC News, YouTube, February 11, 2012. Hearing: Federal Prison Industries, House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, C-SPAN, July 1, 2005. Witnesses: - Phillip Glover - American Federation of Government Employees Prison Locals Council - President - Paul Miller - Independent Office Products & Furniture Dealers Association Sound Clips: 1:32 Former Representative Howard Coble: Prisoners who are physically able to work must labor in some capacity five days a week. FPI is a government corporation that operates the BOP’s correctional program and employs inmates of the federal prison population to manufacture goods for and provides services to federal agencies. About 20% of the inmates work in Federal Prison Industries’, FPI, factories. They generally work in factory operations such as metals, furniture, electronics, textiles, and graphic arts. FPI work assignments pay from $0.23 to $1.15 per hour. 6:19 Representative Bobby Scott (VA): FPI can only sell its products and services to federal agencies. The program was established in the 1930s, in the midst of the Great Depression, as a way to teach prisoners real work habits and skills so that when they are released from prison they’ll be able to find and hold jobs to support themselves and their families and be less likely to commit more crimes. It is clear that the program works to do just that. Followup studies covering as much as 16 years of data have shown that inmates who participate in Prison Industries are 14% more likely to be employed and 24% less likely to commit crimes than like prisoners who do not participate in the program. 1:39:58 Former Representative Pieter Hoekstra, current Ambassador to the Netherlands: Mandatory source was great for Federal Prison Industries during the 1990s and 2001 and 2002. But you know what? I think it was wrong that Federal Prison Industries was the fastest and probably the only growing office-furniture company in America during that time. As the industry was going through significant layoffs, Federal Prison Industries was growing by double digits each and every year. 1:46:40 Philip Glover: If you have someone serving at USP, Leavenworth, for instance, and they’re in for 45 years or 50 years, you can educate them, you can vo-tech them, but to keep them productive and occupied on a daily basis and feel like they have a little bit of worth, this program seems to do that. That’s where, at least as a correctional officer, that’s where I come from on this program is that it gives the inmate a sense of worth, and every day he goes down and does something productive. Resources About Page: Americans for Prosperity American Addiction Centers: Crack Cocaine & Cocaine: What's the Difference? Annual Report: The GEO Group, Inc. 2017 Annual Report Lobbying Report: Lobbying Disclosure Act of 1995 (Section 5) Media Statement: Statement from CoreCivic President and CEO Damon Hininger on the First Step Act OpenSecrets: Americans for Prosperity OpenSecrets: CoreCivic Inc. Lobbyists OpenSecrets: CoreCivic Inc Profile for 2018 Election Cycle OpenSecrets: GEO Group Lobbyists OpenSecrets: GEO Group Profile for 2018 Election Cycle OpenSecrets: Outside Spending of Political Nonprofits OpenSecrets: Trump 2017 Inauguration Donors Product Page: Pride Enterprises Ranker.com: 50 American Companies That Have Ties to Modern Slavery SPLC: Criminal Justice Reform Visual Resources Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

christmas united states america founders donald trump new york times office washington dc minnesota risk fake institute north vote congress white house crime defense prison iowa llc atlantic washington post democrats guardian senate npr ice ambassadors pregnancy period rolling stones orange patriots gps sec new yorker usa today senators priority garcia senior vice president committee donations bureau civil rights amendment terrorism requires newsweek orders chang great depression abc news homeland security attorney generals implementation koch war on drugs first step rob gronkowski adds nbc news barr aclu cbs news usp general counsel new black placement new york magazine orange is the new black blunt executive editor entities audits inmates propublica c span chris christie intercept jeff sessions federal bureau applies jared kushner exceptions pogo inspector general mother jones bop criminal justice reform kushner prison reform all things considered washington examiner acting director broadening leadership conference authorization southern poverty law center tom cotton fiscal year hwy clemency michael b tampa bay times victoria's secret leavenworth chuck grassley prerelease ap news thomas r fpi david koch restraints first step act koch industries charles koch authorizes jane mayer daily kos prohibits congressional research service senate vote article how american friends service committee jason flom congressional dish crestview byron york music alley geo group gabriel sherman victoria law cloture julia angwin theda skocpol glenn thrush house judiciary subcommittee corecivic michelle chen natasha lennard united states marshals service jeff larson grassroots leadership mike elk liliana segura families against mandatory minimums emily yahr second chance act alexander hertel fernandez fair sentencing act article who cover art design david ippolito article trump jordain carney amelia mcdonell parry
Congressional Dish
CD188: Welcome to the 116th Congress

Congressional Dish

Play Episode Listen Later Jan 14, 2019 130:41


We've transitioned! The 115th Congress is finally over and the 116th has begun. In this episode, get the details on the last acts of the 115th Congress, including the play by play of the shutdown drama, and learn about the new rules written by Democrats that will govern the 116th House of Representatives. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD186: National Endowment for Democracy House Rules 116th Congress House Rules Resolution Sec. 102(b): Gives delegates and resident commissioners (the representatives of D.C. and the territories) the ability to vote in Congress, but only if they are not casting the deciding vote. If they are the deciding votes, the vote will be re-taken. Sec. 102(f): Renames the following committees “Committee on Oversight and Government Reform” will be the “Committee on Oversight and Reform” “Committee on Education and the Workforce” will be the “Committee on Education and Labor” Sec. 102(i): The chairmen of the oversight committees need to create and submit their oversight plans to the Committee on Oversight and Reform by March 1, 2019, and then coordinate those plans with other committees for submission to the full House by April 15, 2019. Sec. 102(m): Removes the term limit of four out of six consecutive Congresses for members of the Committee on the Budget and removes the term limit for Chairmen of any committee barring them from serving as Chairman for more than three consecutive Congresses. Sec. 102(n): Changes the 3 day rule for mark-up notices to clarify that it means 3 calendar days excluding Saturdays, Sundays, and legal holidays. Sec. 102(q): Criminal trial evidence and transcripts will be used as evidence in House ethics investigations Sec. 102(r): Between March 1 of the first year and September 30 of the second year of the Congress, the sponsor of a bill with 290 co-sponsors can put their bill on the calendar where it will remain until it is either reported by committee or voted on in the full House. Sec. 102(z): Text of bills must be available for "72 hours” Sec. 102(dd): Removes the requirement for a supermajority vote to increase taxes Sec. 102(ee): PAYGO procedures for the 116th Sec. 101(ii): Starting on January 1, 2020, members of the House of Representatives will not be allowed to “serve as an officer or director of any public company” Sec. 102(jj): A suspension of the debt ceiling will be automatically included and passed along with the budget resolution. Sec. 103(d): Registered lobbyists will not be granted access to the Congressional gym Sec. 103(h): Limited the Committee on Agriculture to six subcommittees and the Committee on Financial Services to seven subcommittees Sec. 103(i): No bill can get a vote on the House floor unless it has been passed by a committee. Excepts include continuing resolutions and emergency bills. Sec. 103(r): Requires members of the House to pay for discrimination settlements for offenses they personally committed Sec. 104(a): Creates a commission called the House Democracy Partnership, which will be funded with $52,000 available between January 3, 2019 and March 31, 2019. The commission will be managed but the Committee on Foreign Affairs. Sec. 104(d): Creates an Office of Diversity and Inclusion Sec. 104(e): Creates an Office of the Whistleblower Ombudsman Sec. 104(f): Creates a Select Committee on the Climate Crisis, which will have 15 members, 6 appointed by the Minority Leader, and which will have no power to create or change legislation and will not have subpoena power. “The sole authority of the Select Committee shall be to investigate, study, make findings, and develop recommendations on policies, strategies, and innovations to achieve substantial and permanent reductions in pollution and other activities that contribute to the climate crisis.” Sec. 201: Creates a Committee on the Modernization of Congress Sec. 301: Authorizes the Speaker of the House to use the General Counsel of the House of Representatives to defend the Affordable Are Act in Federal court. Bills/Laws S.2736 (115th): Asia Reassurance Initiative Act of 2018 Law Text Became law on New Year's Eve 2018 H.R.695 - Department of Defense Appropriations Act, 2018 Law Text S.2322 - CURD Act Law Text Final Vote Results: 230-162 H.R.6061 - Secure Fence Act of 2006 Vote Summary Public Law 109-13 - Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 Additional Reading Tweet: Eric Blake on the Government Shutdown, Jan 9, 2019. Article: FDA says most food inspections halted amid shutdown by Eminy Birnbaum, The Hill, January 9, 2019. Article: White House to put Medicare cuts on hold during shutdown by Paul M. Krawszak, Roll Call, January 8, 2019. Article: Over 100 affordable housing contracts expire due to shutdown by John Bowden, The Hill, January 8, 2019. Article: Indian Health Service urban programs threatened by government shutdown by Susannah Luthi, Modern Healthcare, January 7, 2019. Article: House Democrats pass government funding bills, Pelosi jokes she'd give Trump $1 for a wall by Lindsey McPherson, Roll Call, January 2, 2019. Report: New house rules for Puerto Rico Resident Commissioner, Puerto Rico Report, January 2, 2019. Tweet: House Rules tweet to Rachel Maddow segment on CURD Act, December 21, 2018. Article: Republicans are preventing their tax bill from triggering a $25 billion cut to Medicare by Tara Golshan, Vox, December 21, 2017. Report: Southwest border security: Additional actions needed to better assess fencing's ontributions to operations and provide guidance for identifying capability gaps, U.S. Government Accountability Office, February 16, 2017. Article: Border wall breached 9,000 times. Does it even work? by Scott Bronstein, Curt Devin and Drew Griffin, CNN Politics, February 16, 2017. Report: Barriers along the U.S. borders: Key authorities and requirements by Michael John Garcia, Congressional Research Service, January 27, 2017. Article: Trump says they were going to build a wall in '06, but environmental rules got in the way by Miriam Valverde, Politifact, August 29, 2016. Article: Border-fence project hits a snag by Stephanie Simon, The Wall Street Journal, February 4, 2009. Article: Government issues waiver for fencing along border by Randal C. Archibold, The New York Times, April 2, 2008. Report: With Senate vote, Congress passes border fence bill by Jonathan Weisman, The Washington Post, September 30, 2006. Sound Clip Sources Video: Call Your Representative and Tell Them to Vote Against PAYGO NOW! The Majority Report with Sam Seder, YouTube, January 8, 2019. Rep. Ro Khanna: “People hear the word PAYGO, they tune out. They think it’s some inside baseball technical jargon related to Congress. Let me tell you: It is a very important issue. It would be unilateral disarmament for House Democrats to adopt PAYGO. The Republicans never did. They passed massive tax cuts for the 1% and they didn’t have any spending cuts to pay for those tax cuts. They never do.” Rep. Ro Khanna: "Now that House Democrats are in charge, some folks want us to limit our policies by adopting PAYGO. Here’s what it would mean: If we have PAYGO, then to do something like Medicare for All, to do something like expanding social security, to do something like a bold infrastructure plan or a Green New Deal would require us to negotiate against ourselves. We would require cuts in programs that many of us value and like. We shouldn’t do that. The Republicans didn’t govern that way.” Rep. Ro Khanna: “Paygo would be a terrible policy" House Session: Consideration of Rules for New Congress, Part 3, House of Representatives, January 3, 2019. Hearing: Rules Committee Hearing S. 2322, House of Representatives,YouTube, December 21, 2018. News Story: Rep. Jordan: We have to fund Trump's border wall now, Fox Business Network, December 18, 2018. Resources Congress.gov: Appropriations for FY 2019 Congressional Record: December 21, 2018 Obama White House Archives: The Statutory Pay-As-You-Go Act of 2010: A Description Roll Call: [A Congressional Glossary Continuing Resolution Emergency Spending Sequester Vote Results: Child Protection Improvements Act of 2017, December 20, 2018. Community Suggestions See Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Congressional Dish
CD186: National Endowment for Democracy

Congressional Dish

Play Episode Listen Later Dec 10, 2018 128:12


  The National Endowment for Democracy is a private foundation - that receives millions of our tax dollars - that pays groups to work to change the governments of other countries. In this episode, hear highlights from a hearing during which the president of this creepy organization and the presidents of two organizations that it funds - which are controlled entirely by members of the Republican and Democratic parties - will give you some insight into what kind of work they are doing manipulating information and interfering in elections in other countries around the world. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD175: State of War CD172: The Illegal Bombing of Syria CD167: Combating Russia NDAA 2018 LIVE CD117: Authorization for Limitless War CD113: CISA is Law CD102: The World Trade Organization: COOL? Main Hearing Hearing: Democracy Promotion in a Challenging World, Senate Foreign Affairs Committee, June 14, 2018. Full Hearing Transcript Watch on YouTube Witnesses: Carl Gershman: National Endowment for Democracy: President Daniel Twining: International Republican Institute: President Kenneth Wollack: National Democratic Institute: President Timestamps & Transcripts 15:35 Representative Edward Royce (CA): At home, we must maintain the decades-old bipartisan consensus that democracy is a core element of U.S. foreign policy. That is why it’s important to have the National Endowment for Democracy, the International Republican Institute, and the National Democratic Institute here today, and that’s why it’s important that Congress continues to adequately fund these institutions.   24:30 Representative Edward Royce (CA): I’m pleased to welcome our distinguished guests here on the panel, including Mr. Carl Gershman, who has served as president of the National Endowment for Democracy since its founding in 1984. He’s a long-time friend of this committee. He’s respected worldwide for his work, especially in his efforts to help peaceably end the Cold War and transition countries from behind the Iron Curtain to democracy, and he’s done this through nongovernmental action. Before his time at NED, he was the senior counselor to the United States representative to the United Nations, where he worked on international human rights issues.   25:21 Representative Edward Royce (CA): Mr. Daniel Twining is the president of the International Republican Institute, and previously he served as the counselor and director of the Asia Program at the German Marshall Fund of the United States. He also worked here in Congress. He worked here as a foreign policy advisor to Senator John McCain.   25:45 Representative Edward Royce (CA): And we have Mr. Kenneth Wollack. He is president of the National Democratic Institute, and he has co-edited the Middle East Policy Survey and written regularly on foreign affairs for the Los Angeles Times.   27:26 Carl Gershman: I’d call your attention, for example, to some recent events, among them the remarkable democratic transition in Gambia; the fall of the corrupt Zuma government in South Africa; the stunning victory of democracy in Malaysia, and the freeing of opposition leader Anwar Ibrahim; the equally stunning triumph of democracy in Armenia; and the successful local elections in Tunisia that are, in my view, a decisive step forward in the Arab world’s first democracy. These are just a few of the examples that I could give of recent democratic advances. There is Slovakia, interesting developments in Ethiopia. Even in a country like Uzbekistan, we can see some glimmerings of some opening.   31:07 Carl Gershman: Other examples include the support that NED has given in Ukraine to the Anti-Corruption Action Center that has tirelessly led the campaign for the establishment of an independent anti-corruption court. And I’m pleased to report that just last week the Ukrainian parliament at long last approved legislation to create such a court.   37:25 Daniel Twining: In Europe, the Kremlin is deploying a sophisticated information-warfare campaign to undermine democratic institutions, erode citizen trust in democracy, and wedge apart the transatlantic alliance. This form of warfare is particularly insidious—this political warfare—because it uses core features of democracy against us—exploiting our free media, manipulating false information, undermining confidence in electoral systems. IRI’s Beacon Project is engaged in a big line of work to leverage our relationships for European political parties and civil-societies groups to track Russian misinformation, including in many local languages, and then to coordinate political responses to that.   31:46 Carl Gershman: The last example is the nonpartisan training conducted by four NGOs in Tunisia of new candidates who participated in last month’s local elections. Of the 235 individuals who were trained, 112 won seats, and 25 were at the heads of their electoral lists.   41:46 Kenneth Wollack: Authoritarian regimes are using digital tools to advance their interests, including electoral espionage and the dissemination of disinformation, to skew electoral outcomes, disrupt democratic discourse, discredit democratic institutions, and fuel ethnic and social divisions. NDI has responded by providing cybersecurity support; assisting efforts of civic, media, and political groups to detect, expose, and combat this information; and conducting new types of public-opinion research to identify populations that are most susceptible to Russian disinformation and develop messages that can build resilience. In cooperation with IRI and NED, NDI is helping to launch a new effort with democracy groups, civil-society organizations, civic-tech partners, political parties, and a global network of four million citizen election monitors to interact more regularly with the technology companies.   44:23 Kenneth Wollack: Ukrainians can point to concrete achievements in recent years. These include the emergence of new political parties that have national reach and are focused on citizens they represent rather than on oligarchs who would finance them. Brought together by NDI in partnership with the European Parliament, party factions in the Rada are overcoming deep fragmentation to agree on procedures that will make it easier to build consensus around reforms. In NDI programs alone, more than 45,000 citizens have engaged directly in the national reform process and reaching more than 1.3 million citizens through the media.   45:05 Kenneth Wollack: Another story of democratic resilience is unfolding in Syria. In northern Syria, citizen groups are prioritizing community needs, and local administrative councils are responding by providing critical services. Fifty NDI governance advisors are working each day in 34 locations to advise citizen groups and administrative councils, and bringing them together to solve problems.   49:19 Carl Gershman: But you’ve got to build a defense against it, and a lot of the groups that we helped stop fake news Ukraine and other groups like that are being able to identify fake information. We have a dialogue—a very ongoing dialogue—with the Internet companies to take down a lot of incitement, a lot of fake news. We’re connecting our grantees with the Internet companies. We have groups like Bellingcat, which is an investigative journalist group. They use open-source information. But they’ve identified the Russian general who provided the missile that shot down the Malaysian airliner.   51:30 Kenneth Wollack: But this a daily fight on the ground. Representative Edward Royce (CA): A social media fight? Wollack: Yes. To give you one example, the Democratic Party of Serbia, two weeks before the local elections, the Russians—presumably the Russians—had hacked their Facebook page, put horrible content on it. The hackers then contacted Facebook, told them to look at the site. Facebook immediately took down the Facebook page. Now, the party didn’t know who to contact. They had no contact with Facebook. They were able to contact us. Our office in Silicon Valley managed to reach the Facebook executives. They immediately took it down.   54:04 Representative Eliot Engel (NY): The budget proposal for fiscal year 2019 requested a $67 million for NED, which is a 60 percent cut from the amount which is $170 million that Congress has appropriated yearly since FY ’16.   54:59 Carl Gershman: I mean, there are, obviously, two fundamental problems with the OMB budget request for fiscal 2019: the amount and separating us from the four institutes. And both of these are devastating. I don’t even want to get into now what we would have to cut. They’re devastating—utterly devastating. It would virtually kill the whole program.   58:22 Daniel Twining: But in Malaysia, IRI’s been working with the opposition there since 2002. Malaysia was essentially a one-party majoritarian state. The ruling party had ruled since 1957. It had gerrymandered all the districts, given itself every advantage. But in this last election a month ago, the opposition won for the first time in 60-something years, and that was an example of playing the long game, right? We, the United States, supported a democratic opposition that is now in charge of this very strategic country right there on the front lines of the South China Sea, right there on the front lines of the Islamic world’s intersection with the rest of Asia, and that’s good for America.   1:09:12 Representative Gregory Meeks (NY): And Mr. Gershman, I’m a former board member at NED, so I’ve seen firsthand the work that you and your dedication and the bipartisan board of NED collectively working together to try to make sure that we have a better world for all of us.   1:12:20 Kenneth Wollack: Our engagement is not to spread falsehoods. It’s not to create fake news. It’s not to try to disrupt the process. It’s not to try to spur conflict in countries. What we’re trying to do is promote the principles, values, processes, and institutions that are enshrined in an intergovernmental organization. And our work is to try to help people engage in the political process.   1:16:34 Representative Dana Rohrabacher (CA):... did we or did we not involve ourselves heavily to undermine the democratically elected government of Yanukovych in Ukraine? And what did it bring us? It brought us turmoil and conflict—that if we’d have waited and let that government be elected, because of its flaws unelected, we would not be in this situation today where the world is more likely to go into conflict because of that. I don’t believe the Russians would’ve invaded Ukraine had we not arrogantly involved ourselves to overthrow that democratically elected government in Ukraine.   1:18:39 Representative Dana Rohrabacher (CA): So, I’ve had my say. I know I’m making everybody mad at me, but I had to say it.   1:25:59 Representative Brad Sherman (CA): And I want to turn our attention to Yerevan and Armenia. NED has allocated $1.3 million last year. Now we’ve seen a real move toward democracy. Are you going to do more, given the fluid situation there? Carl Gershman: Thank you very much for that question, Mr. Sherman. Yes. The answer is yes. Our board, which meets later this week, is making Armenia what we call a country eligible for contingency funds, which are funds set aside for new situations and, obviously, what’s happened in Armenia is very, very new. And we—I think there are several priorities that have to be addressed. There are going to be quick elections that have been called in Armenia, and those elections have to have integrity to them to give legitimacy to the current Pashinyan government. There is a parliament that oversees this, and government officials are really new to the governing game. The system has been controlled by a centralized authority for a number of years and so a lot of training is going to have to be necessary for some of the new government officials. And then, finally, there’s going to be a big information war, the kind of issue raised by Congressman Royce, and it is very essential in this period—and this is what the groups that we help are doing—is to get people reliable and independent information so they don’t make the judgments based upon the disinformation that is going to be promoted by the forces that have just been removed from power.   1:49:40 Representative Karen Bass (CA): Thank you. Thank you, Mr. Chair. And I want to welcome my colleagues from NED and IRI and NDI. And I’m a member of the NED board, for my colleagues that are here on the committee, and I have to say the work that NED does around the world is really tremendous.   2:07:52 Representative Ted Poe (TX): Globally, what do you personally see is the number-one entity that is a threat to democracy worldwide? Is it China? Is it Russia? Is it North Korea? Is it ISIS? Is it Iran? Pick one. Pick the one you think is the threat. Carl Gershman: China. Rep. Poe: China. Gershman: China. Rep. Poe: Mr. Twining. Daniel Twining: China. Rep. Poe: Mr. Wollack. Kenneth Wollack: Russia. Rep. Poe: Russia. Russia and China.   2:35:00 Carl Gershman And I think it should not be forgotten: NED was created as an independent institution so that even when you have problems, whatever the problems are with the executive branch, our work continues consistently. And I think that was a brilliant idea, and it’s in the National Endowment for Democracy Act adopted by the Congress by Dante Fascell in 1983, and I think it was brilliant to give the NED that kind of independence so that we can go forward, regardless of what the policies of the executive branch are at any particular time.   2:47:46 Carl Gershman: I take pride in the fact that when we make grants to groups abroad, I take pride that it’s with American taxpayer money. We try to protect that money. We try to make sure that every single dollar is spent well. But I take pride in the fact that that’s a demonstration of the support coming from the American people. Sound Clip Sources News Interview: The Rules-Based International Order Created by the U.S. is Being Torn Apart by the U.S., CNN, June 10, 2018. 2:30 Sen. Diane Feinstein I mean we have helped support this whole Democratic Atlantic community and more or less forged it into a single entity. And I’ve been very proud of that as an American. Speech: Madeleine K. Albright Gives Keynote Remarks at 2018 Albright Luncheon, National Democratic Institute, YouTube, May 10, 2018. 10:50 Madeline Albright We are employing every tool at our disposal from the use of focus groups to the collection of more accurate data, to connections made through social media, to the design of election observer missions, to the drafting of model laws, to partnerships with regional bodies and the United Nations, to the mobilization of public opinion from around the equator and from pole to pole. Discussion: Foreign Affairs Issue Launch with Former Vice President Joe Biden, Council on Foreign Affairs, January 23, 2018. Speakers: Joe Biden Richard Haass - President of the Council on Foreign Relations Joe Biden: I’ll give you one concrete example. I was—not I, but it just happened to be that was the assignment I got. I got all the good ones. And so I got Ukraine. And I remember going over, convincing our team, our leaders to—convincing that we should be providing for loan guarantees. And I went over, I guess, the 12th, 13th time to Kiev. And I was supposed to announce that there was another billion-dollar loan guarantee. And I had gotten a commitment from Poroshenko and from Yatsenyuk that they would take action against the state prosecutor. And they didn’t. So they said they had—they were walking out to a press conference. I said, nah, I’m not going to—or, we’re not going to give you the billion dollars. They said, you have no authority. You’re not the president. The president said—I said, call him. (Laughter.) I said, I’m telling you, you’re not getting the billion dollars. I said, you’re not getting the billion. I’m going to be leaving here in, I think it was about six hours. I looked at them and said: I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money. Well, son of a bitch. (Laughter.) He got fired. And they put in place someone who was solid at the time. Hearing: Facebook, Google and Twitter Executives on Russian Election Interference, House Select Intelligence Committee, C-SPAN, November 1, 2017. Witnesses: Kent Walker Google Senior Vice President & General Counsel Colin Stretch Facebook Vice President & General Counsel Sean Edgett Twitter Acting General Counsel 59:39 Rep. Terri Sewell (D-AL): I submit to you that your efforts have to be more than just about finding malicious and deceptive activity, that you have a responsibility—all of you have a responsibility—to make sure that we are not adding to the problem by not being as rigorous and as aggressive as we can in terms of vetting the content and in terms of making sure that we are being really dynamic in doing that.   1:57:39 Rep. Jackie Speier (D-CA): RT, Russia Today, on your platform, has 2.2 million subscribers. Fox News, on your platform, has 740,000 subscribers. CNN has 2.3 million subscribers. The Intelligence Community assessment that was made public in January spoke about RT, and it said, “RT conducts strategic messaging for Russian government. It seeks to influence politics and fuel discontent in the United States.” So my question to you is, why have you not shut down RT on YouTube? Hearing: Facebook, Google and Twitter Executives on Russian Disinformation , Senate Judiciary Subcommittee on Crime and Terrorism, October 31, 2017. Witnesses Colin Stretch - Facebook Vice President and General Counsel  Sean Edgett - Twitter Acting General Counsel  Richard Salgado - Google Law Enforcement & Information Security Director 38:25 Sen. Sheldon Whitehouse (RI): And I gather that all of your companies have moved beyond any notion that your job is only to provide a platform and whatever goes across it is not your affair. Colin Stretch: Senator, our commitment to addressing this problem is unwavering. We take this very seriously and are committed to investing as necessary to prevent this from happening again. Absolutely. Whitehouse: Mr. Edgett? Sean Edgett: Absolutely agree with Mr. Stretch, and this type of activity just creates not only a bad user experience but distrust for the platform, so we are committed to working every single day to get better at solving this problem. Whitehouse: Mr. Salgado? Richard Salgado: That’s the same for Google. We take this very seriously. We’ve made changes, and we will continue to get better. Whitehouse: And ultimately, you are American companies, and threats to American election security and threats to American peace and order are things that concern you greatly, correct? Stretch: That is certainly correct. Edgett: Agree. Salgado: That’s right.   Hearing: Subcommittee Hearing - The Collapse of the Rule of Law in Venezuela, Senate Committee on Foreign Relations, July 19, 2017. Witness Luis Almagro Secretary General of the Organization of American States 07:15 Senator Marco Rubio: I also know this, and I do not speak for the president, but I’ve certainly spoken to the president, and I will only reiterate what he has already said, and I’ve been saying this now for a number of days: it is my—I have 100% confidence that if democracy is destroyed once and for all in Venezuela on the 30th in terms of the Maduro regime, the president of the U.S. is prepared to act unilaterally in a significant and swift way. And that is not a threat; that is the reporting of the truth. Confirmation Hearing: Defense Secretary Nominee General James Mattis Says Russia is Trying to Break NATO, US Senate, C-SPAN, January 12, 2017. John McCain: For seven decades, the United States has played a unique role in the world. We’ve not only put America first, but we’ve done so by maintaining and advancing a world order that has expanded security, prosperity, and freedom. This has required our alliances, our trade, our diplomacy, our values, but most of all, our military for when would-be aggressors aspire to threaten world order. Hearing: U.S. Strategy Against ISIS, Senate Armed Services Committee, C-SPAN, December 9, 2015. 2:28:14 Sen. Lindsey Graham Here’s what I’ve done. I make an offer to our president that I believe this war is going to go on for a long time after his presidency; I believe that they’re going to go wherever they can on the planet and that we should stop them wherever necessary; and when it comes to means, we should not limit this commander in chief or any other commander in chief when it comes to means. Speech: Gov. Howard Dean - DemTools 2.0 Launch, NDI's DemTools Launch Event, December 9, 2015. 9:55 Howard Dean I’m incredibly proud to be a member of the board of NDI, which is an incredibly sophisticated organization that does not shrink from bringing democracy to any corner of the Earth, including some we’re not allowed in. We get there anyway. Speech: Sen. Tom Cotton Says US Should Shoot Down Russian Planes Over Syria, YouTube, October 1, 2015. Conference: Is the United States at a Crossroads? Domestic and Global Dimensions, Wilson Center, May 15, 2015. 15:35 Jane Harmon Ukraine. You and I were there together. Madeline lead the delegation - of course she did - for the National Democratic Institute, which she chairs and the International Republican Institute was also there during the first Ukraine election in May of last year. And among other things we met with the presidential candidates including Poroshenko and Tymoshenko and we tooled around in Kiev and I also went to Odessa to see how the voting was going. Speech: Senator Dan Sullivan's Maiden Floor Speech, US Senate, C-SPAN, January 27, 2015. 9:05 Sen. Dan Sullivan If the executive branch continues to dither on America’s economic future, Congress can and should act to expe- dite such projects. That is what we are doing with Keystone, and that is what I will be pressing the Congress to do for Alaska’s and America’s next great en- ergy infrastructure project—the Alas- ka LNG project—which will create thousands of jobs and provide clean and affordable energy to Americans and our allies for decades. Speech: Vice President Joe Biden Opens 2014 NDI Democracy Award Dinner, National Democratic Institute, December 11, 2014. 32:40 Vice President Joe Biden That’s why in Ukraine, working alongside groups like NDI, with your leadership, we’re providing to the Ukrainians, as we had to the Iraqi’s, personnel from each of our departments teaching them how to literally, as I said, write a budget, expertise from our Justice Department, teaching them the tools that are available to ensure that the court systems are free and transparent. We’re helping Ukrainian officials develop laws and regulations that will establish anti-corruption institutions within the government, enable authorities to combat corruption more effectively. Our militaries are working together to improve Ukrainian capacity to provide it’s own defense and a military system that meets the standards of democracies, while providing security assistance to counter Russian aggression. Speech: Thomas A. Daschle's Speech to NDI's 30th Anniversary Dinner, National Democratic Institute, December 16, 2013. 1:30 Tom Daschle Like many of you, - by the mission of NDI. The realization that we have had one focus now for 3 decades. And that focus is very simply to empower people to be able to govern themselves more effectively. That’s what we try to do. Speech: Mitt Romney Foreign Policy Speech, Virginia Military Institute, C-SPAN, October 8, 2012. 17:25 Mitt Romney Fortunately, we had leaders of courage and vision, both Republicans and Democrats, who knew that America had to support friends who shared our values, and prevent today’s crises from becoming tomorrow’s conflicts. Statesmen like Marshall rallied our nation to rise to its responsibilities as the leader of the free world. We helped our friends to build and sustain free societies and free markets. We defended our friends, and ourselves, from our common enemies. We led. We led. News Interview: CIA Admits Orchestrating Syrian Coup of March 1949, BBC Interview, 1967. Additional Reading Article: Who will fix Facebook? by Matt Taibbi, Rolling Stone, November 26, 2018. Article: US, Ukraine in 'close discussion' for new lethal arms by Joe Gould, Defense News, November 18, 2018. Article: Facebook purge: Here is the list of pages deleted by Facebook by Patrick Brown, The Western Journal, October 13, 2018. Biography: George Catlett Marshall, United States General, by Forrest C. Pogue, Encyclopedia Britannica, last updated October 12, 2018. Article: Anti-Media shut down by Facebook and Twitter by Caitlin Johnstone, The Anti-Media, October 11, 2018. Article: Facebook purged over 800 U.S. accounts and pages for pushing politcal spam by Elizabeth Dwoskin and Tony Romm, The Washington Post, October 11, 2018. Article: Facebook tempts political backlash with massive purge of 810 pages and accounts by Rhett Jones, Gizmodo, October 11, 2018. Article: The survivors of the Rohingya Genocide by Jason Motlagh, Rolling Stone, August 9, 2018. Article: John McCain passes the torch at the International Republican Institute by Josh Rogin, The Washington Post, August 3, 2018. Article: Exclusive: IMF backs Ukraine anti-corruption court plan by Marc Jones, Reuters, July 25, 2018. Article: Ukraine anti-corruption court law needs amending - IMF chief by Reuters, June 19, 2018. Article: Independent candidates get most votes in Tunisia's municipal election by Tarek Amara, Reuters, May 8, 2018. Article: Trump is gutting the National Endowment for Democracy, and that's a good thing by Stephen Kinzer, The Boston Globe, March 14, 2018. Article: The Trump administration wants to dismantle Ronald Reagan's 'infrastructure of democracy' by Josh Rogin, The Washington Post, March 4, 2018. Article: House Foreign Affairs Chairman Royce announces retirement by Bridget Bowman, Roll Call, January 8, 2018. Article: What the United States did in Indonesia by Vincent Bevins, The Atlantic, October 20, 2017. Article: Is John McCain's pick to lead the International Republican Institute a strike against Donald Trump? by Timothy J. Burger, Town & Country Magazine, August 10, 2017. Article: Confront authoritarianism by defending democratic values by Carl Gersham , Journal Sentinel Online, October 22, 2016. Article: Russia adds International Republican Institute to growing list of "undesirable organizations", International Republican Institute, August 18, 2016. Article: Bernie Sanders is exactly right: The media is an arm of the ruling class of this country by Brian Hanley, Huffpost, March 28, 2016. Article: Pro-democracy nonprofit is banned in Russia by Ivan Nechepurenko, The New York Times, March 11, 2016. Article: Evil internet bill CISPA is back from the dead, cleverly titled CISA by Kelly Weill, Daily Beast, October 28, 2015. Article: National Endowment for Democracy is first 'undesirable' NGO banned in Russia by Alec Luhn, The Guardian, July 28, 2015. Article: Former Soviet states stand up to Russia. Will the U.S.? by Carl Gershman, The Washington Post, September 26, 2013. Article: Russia wields hard power over Armenia by Anne Applebaum, The Washington Post, September 20, 2013. Article: Covert plan for Panama may be wrong message to send the opposition, The Los Angeles Times, August 14, 1988. Article: U.S. assembled a force in 1964 for possible use in Brazil coup by David Binder, The New York Times Archives, December 30, 1976. Article: Oil discovery in Brazil expected to aid economy, The New York Times Archives, December 9, 1964. Resources About Page: International Monetary Fund, Destruction and Reconstruction (1945-1958), Cooperation and Recovery: The Marshall Plan About Page: German Marshall Fund About Page: National Democratic Institute - Who We Are Archived Form: National Endowment for Democracy For 990 (2002-2015) Board of Directors: International Republican Institute Board of Directors: National Democratic Institute Board of Directors: National Endowment for Democracy Donation Page: National Endowment for Democracy FAQs: International Republican Institute - Who We Are Joint Statement: Department of Defense Appropriations Act, 2019, p. 406 Project Info: The Beacon Project, International Republican Institute Web Page: Democracy Assistance is Not Election Meddling: Distinguishing Support from Sabotage Letter: United States Senators to Mick Mulvaney, Director of the Office of Management and Budget, December 20, 2017 OpenSecrets: Sen. Dan Sullivan - Alaska Website: Albright Stonebridge Group Website: Bellingcat YouTube Channel: National Democratic Institute Visual Resources Tweet: @ElliotHiggins February 6, 2017 Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

united states america american director donald trump google earth china internet law americans new york times russia office joe biden european ukraine management russian board brazil south africa north congress crime budget cnn launch alaska republicans atlantic washington post democrats council guardian indonesia rolling stones democracy venezuela united nations burgers fox news democratic syria ukrainian destruction laughter cold war north korea donations malaysia panama stretch ethiopia islamic kyiv arab ngo terrorism democratic party ronald reagan los angeles times ngos serbia sherman reuters alas boston globe reconstruction us senate ned cooperation rt kremlin huffpost armenia iraqi general counsel imf maduro slovakia justice department foreign affairs tunisia john mccain malaysian foreign relations daily beast national endowment keystone european parliament commander in chief uzbekistan c span south china sea gambia iron curtain lng rada endowments roll call cisa fy gizmodo senate committee hwy matt taibbi zuma intelligence community anne applebaum omb wilson center encyclopedia britannica german marshall fund pogue bellingcat patrick brown russia today american states iri yerevan mick mulvaney senate armed services committee virginia military institute statesmen ndi timothy j western journal national democratic institute stephen kinzer congressional dish challenging world defense news anwar ibrahim josh rogin crestview asia program twining music alley poroshenko anniversary dinner international republican institute yanukovych cispa kelly weill marc jones caitlin johnstone is isis pashinyan anti media bbc interview madeleine k albright senate judiciary subcommittee elizabeth dwoskin tony romm beacon project cover art design bridget bowman david binder david ippolito yatsenyuk article trump defense appropriations act
Congressional Dish
CD184: Midterm Election

Congressional Dish

Play Episode Listen Later Nov 13, 2018 171:09


Divided government! The 2018 midterm elections are over and we know what the 116th Congress is going to look like: The Republican Party will continue to control the Senate and the Democratic Party will control the House of Representatives. In this episode, we discuss the likely ramifications of a divided Congress, some of the interesting results of individual Congressional races, and the opportunities available for Republicans to get their last wishes rammed into law before their complete Congressional control ends in January. Please Support Congressional Dish - Quick Links Click here to contribute a lump sum or set up a monthly contribution via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North Number 4576 Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes CD179: Hearing: Who's Tracking the Immigrant Kids? CD166: I Spy a Shutdown CD149: Fossil Fuel Foxes CD143: Trump's Law Enforcers CD089: Secrets of the CRomnibus (2015 Budget) CD087: Run for Congress with Chris Clemmons Additional Reading Article: Trump's appointment of the acting Attorney General is unconstitutional by Neal K. Katyal and George T. Conway III, The New York Times, November 8, 2018. Article: DoD is sending 7,000 troops to the border. Here's every unit going. by Tara Copp, Military Times, November 8, 2018. Article: It's not over: Days after election, these races are still undecided by Brian Naylor, NPR, November 8, 2018. Article: Rep. Duncan Hunter keeps seat despite charges by Julie Watson, WBTV, November 8, 2018. Article: Trump warns Dems over potential investigations: 'Two can play that game!' by Brett Samuels, The Hill, November 7, 2018. Article: Top Dems quickly announce leadership intentions by Mike Lillis, The Hill, November 7, 2018. Article: Nevada voters approve automatic voter registration by Aris Folley, The Hill, November 7, 2018. Article: Connecticut elects first black congresswoman by Jessie Hellmann, The Hill, November 11, 2018. Article: Jeff Sessions pushed out after a year of attacks from Trump by Erick Tucker and Michael Balsamo, AP News, November 7, 2018. Article: Ayanna Pressley officially Massachusetts' 1st black congresswoman by William J. Kole, Boston Globe, November 7, 2018. Article: Don Young holds on to House seat in Alaska by Miranda Green, The Hill, November 7, 2018. Article: GOP Rep. Duncan Hunter wins reelection despite criminal charges by Juliegrace Brufke, The Hill, November 7, 2018. Article: Florida U.S. Senate race between Rick Scott, Bill Nelson could be heading for recount by Mark Skoneki, Steven Lemongello, and Gray Rohrer, The Orlando Sentinel, November 7, 2018. Article: Democrat Colin Allred grabs Dallas-area U.S. House seat from GOP's Pete Sessions by Gromer Jeffers Jr., Dallas News, November 7, 2018. Article: The investigations Trump will face now that Democrats control the House by Adam Davidson, The New Yorker, November 7, 2018. Article: With midterms over, lame-duck congress now turns to avoiding a shutdown by Eric Katz, Government Executive, November 7, 2018. Article: Next chairman of Ways and Means Committee plans to demand Trump's tax return by Justin Wise, The Hill, November 7, 2018. Article: The private business of for-profit prisons in the US by AYŞE NUR DOK, TRT World, November 7, 2018. Article: Newly empowered, House Democrats plan to launch immediate investigations of Trump, but leaders are wary of impeachment by Karoun Demirjian, Tom Hamburger, and Gabriel Pogrund, The Washington Post, November 7, 2018. Article: Top Judiciary Dem: Trump is about to 'learn he's not above the law' by Aris Folley, The Hill, November 7, 2018. Article: GOP Rep. Chris Collins, charged with insider trading, is projected to win re-election in New York by Dan Mangan, CNBC, November 7, 2018. Article: Former NFL players Anthony Gonzalez, Colin Allred elected to Congress by Curtis Crabtree, NBC Sports, November 6, 2018. Article: Cramer ousts Heitkamp in critical North Dakota Senate race by Max Greenwood, The Hill, November 6, 2018. Article: Blackburn keeps Tennessee seat in GOP hands by Alexander Bolton, The Hill, November 6, 2018. Article: Dem Lauren Underwood unseats Randy Hultgren in Illinois by Brett Samuels, The Hill, November 6, 2018. Article: Hawley defeats McCaskill in tight Missouri Senate race by Jordain Carney, The Hill, November 6, 2018. Article: Pence's brother wins Indiana House race by Megan Keller, The Hill, November 6, 2018. Article: GOP Rep. Chris Collins wins reelection in NY despite insider trading charges by Michael Burke, The Hill, November 6, 2018. Article: Dem Colin Allredy topples Sessions in key Texas House seat by Lisa Hagen, The Hill, November 6, 2018. Article: Graham lauds GOP Senate Results: 'Conservative judicial train is going to keep running!' by Megan Keller, The Hill, November 6, 2018. Article: Coffman loses GOP seat in Colorado by Mike Lillis, The Hill, November 6, 2018. Article: Mitt Romney wins Senate race in Utah by Alexander Bolton, The Hill, November 6, 2018. Article: Rashida Tlaib becomes first Palestinian-American woman to win congressional seat by Emily Birnbaum, The Hill, November 6, 2018. Article: Haaland becomes one of first Native American women elected to Congress by Morgan Gstalter, The Hill, November 6, 2018. Article: Sharice Davids makes history: Kansas' 1st gay rep, 1st Native American woman in Congress by Bryan Lowry and Katy Bergen, The Kansas City Star, November 6, 2018. Article: Ryan Zinke and the murky interior of Trumpworld by Timothy L. O'Brien, Bloomberg, November 1, 2018. Article: Sources: Justice Department investigating Interior Secretary Ryan Zinke by Pamela Brown, Evan Perez, Lauren Fox, and Gregory Wallace, CNN Politics, October 31, 2018. Article: Probe of Interior Secretary Ryan Zinke sent to U.S. prosecutors by Ari Natter and Jennifer A. Dlouhy, Bloomberg, October 30, 2018. Article: Lieu vows aggressive investigations of Trump if Dems retake House by Julia Manchester, The Hill, October 29, 2018. Blog: Budget reconciliation is the key to building the border wall by Rep. Bradley Byrne, The Hill, October 17, 2018. Article: $35M private immigration detention center proposted for Ionia by Paul Egan, Detroit Free Press, October 16, 2018. Article: House will investigate Trump's attacks on democracy if Dems win, Cummings says by Julia Manchester, The Hill, October 1, 2018. Article: Ryan Zinke to the oil and gas industry: "Our government should work for you" by Umair Irfan, Vox, September 22, 2018. Article: Rep. Duncan Hunter and his wife indicted in use of campaign funds for personal expenses by Laura Jarrett and Maeve Reston, CNN Politics, August 21, 2018. Article: Why Rep. Chris Collins's insider trading arrest is a huge deal - and also totally unsurprising by Tara Golshan, Vox, August 9, 2018. Article: 2 Texas congressman bought shares in drug firm at heart of Rep. Chris Collins' insider trading case by Rachel Cohrs, Dallas News, August 9, 2018. Article: This company is at the center of insider trading charges against Rep. Collins by Katherine Ross, The Street, August 9, 2018. Article: Rep. Chris Collins charged with insider trading, federal prosecutors announce by Renae Merle and Mike DeBonis, The Washington Post, August 8, 2018. Article: Indicted Rep. Chris Collins shows why members of Congress should not trade stocks by Josh Barro, Business Insider, August 8, 2018. Article: Scandals pile up for interior chief Ryan Zinke by Chris D'Angelo, Huffpost, July 23, 2018. Article: Interior watchdog opens probe of land deal linking Zinke, Halliburton chairman by Ben Lefebvre, Politico, July 18, 2018. Article: Interior Secretary Ryan Zinke's conduct attracts unprecedented scrutiny from government investigators by Greg Zimmerman, Medium, June 5, 2018. Article: A timeline of scandals and ethical shortfalls at Ryan Zinke's Interior Department by Evlondo Cooper and Ted MacDonald, Media Matters for America, May 7, 2018. Article: Profiting from enforcement: The role of private prisons in U.S. immigration detention by Livia Luan, Migration Policy Institute, May 2, 2018. Article: Liberal watchdog group sues Trump, alleging he violated constitutional ban by David A. Fahrenthold and Jonathan O'Connell, The Washington Post, January 23, 2017. Article: GOP congressman, overwhelmed by constituents concerned about ACA repeal, sneaks out of event early by Mark Joseph Stern, Slate, January 15, 2017. Article: Congressman defends 'Citibank' provision in spending bill by Jim Acosta, CNN Politics, December 16, 2014. Article: Wall Street's omnibus triumph, and others by Russ Choma, Open Secrets News, December 12, 2014. Article: Why Citi may soon regret its big victory on Capitol Hill by Rob Blackwell, American Banker, December 11, 2014. Article: How Wall St. got its way by Dave Clarke, Kate Davidson, and Jon Prior, Politico, December 11, 2014. Resources ACLU Talking Points: 2012 National Defense Authorization Act (NDAA) Bill Overview: H.R. 992 (113th): Swaps Regulatory Improvement Act Live News: CNN Election Night in the US Company Announcement: BAKKEN Binding Expansion Open Season, Energy Transfer Letter: Resignation Letter of Jeff Sessions OpenSecrets: Rep. Kevin Cramer - North Dakota District 1 OpenSecrets: Rep. Kevin Yoder, Kansas District 03 Wikipedia: Chris Collins (American Politician) Visual Resources Sound Clip Sources Interview: Schiff responds to threat from President Trump, CNN Politics, November 8, 2018. News Conference: Minority Leader Pelosi on 2018 Election Results, C-SPAN, November 7, 2018. 19:30 Representative Nancy Pelosi: In any event, next week we look forward to welcoming our new class of freshmen. We will celebrate their diversity, the freshness of their thinking, and the rest. And they will immediately be incorporated into our building consensus and how we go forward in a very open, transparent, bipartisan, unifying Congress. Any questions? 21:10 Representative Nancy Pelosi: In appropriations and in many of the other committee—all of the other committees—we have a responsibility for oversight. And, hopefully, in the course of asking for information, we can just make the request and the information will come in. We’re concerned about what’s happening at EPA, for example, to degrading the air we breathe and the water we drink despite what the president said today. So, that’s only one example. 27:30 Unknown Speaker: Follow up on what the president said this morning. He made clear that if Democrats launch investigations, that any hopes for bipartisanship is off. Do you have any concerns that these investigations could jeopardize your opportunities to legislate? Representative Nancy Pelosi: We do not intend to abandon or relinquish our responsibility as Article I, the first branch of government, and our responsibilities for accountability, for oversight, and the rest. This doesn’t mean we go looking for a fight, but it means that if we see a need to go forward, we will. But that will be the work of our committees. Every committee has oversight responsibility. Congresswoman Eshoo’s on Energy and Commerce, and that’s a big oversight committee, as some of you probably are aware. But, specifically, to some of the concerns that the president may have, the Judiciary Committee, the Intelligence Committee, the Oversight Committee, the—well, there’re a number of committees that—depending on how we go down that path—the Financial Services committee, did I say Intelligence? Oh, Homeland Security Committee, because, of course, we are shamed as a nation by a policy that takes babies out of the arms of their mothers, that builds tents, and all the rest to house people, and there’s separation of families. So we want to look into that, and we would hope that we can do so by simply having oversight. If, in fact, requires a subpoena—I hope not, but—so be it. News Conference: President Trump on 2018 Election Results, C-SPAN, November 7, 2018. 23:00 President Donald Trump: Their whole agenda has been to try not giving me anything for the wall. I really believe politically they’re hurting themselves. I actually think politically that’s a good thing for me, but I want to get the wall up because we need to— Unknown Speaker: So no shut-down scenario— President Trump: I don’t know. I can’t tell you that. Unknown Speaker: —for the, for the mid, for the lame duck. President Trump: No, I can’t commit to that, but it’s possible. News Conference: Democrat Richard Neal says he plans to seek Trump tax returns, APNews, YouTube, November 7, 2018. Hearing: Unaccompanied Immigrant Children, Senate Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, C-SPAN, August 16, 2018. 1:14:30 Senator Claire McCaskill: This is about the fourth or fifth time I’ve been on this dais, and no one seems to be worried about the fact that you all get to wash your hands of these children. You want to talk about catch and release? You’re catching these children and then you’re releasing them and everyone goes like this. Not my problem. I think the thing that really stuck out to me in the report that the committee issued was the finding—and this was finding number 14—HHS has a plan to notify state governments before placing unaccompanied children previously held in secure facilities, but HHS has failed to implement that plan. HHS explained it cannot implement the plan because it cannot determine who to notify in state government. Well, let me just tell you, Commander, I will make an offer to you today: I think my staff can get you a list of agencies and phone numbers before close of business tomorrow. Would that be helpful? Commander Jonathan White: I’ll be glad to convey that, but I think it does address—I think there are very real questions, but— Sen. McCaskill: No, they’re not. White: —widely appro— Sen. McCaskill: No. They’re not. Every state has a child-welfare agency. In Missouri, it’s the Missouri Department of Social Services, the Children’s Division, and they’re responsible for foster care, for child placement, for monitoring child detention centers, they are responsible for the welfare of children who have been separated from their families. And they have contacts in every corner of my state. There’s a hotline that they administer. There is all kinds of ways that they can communicate with school systems, with local governments, with all the people that are working as foster parents. There is a huge network in every single state, because you know what the states do? They take the responsibility for having children in their care seriously. 1:54:30 Senator Heidi Heitkamp: One facility provider basically, if my rough math is right, 11,000 children have been assigned to Southwest Key over a number of facilities, not one facility, but they’re obviously a large provider. The reports coming out of Dallas say that they basically, in a half-year period, have a contract that’s worth a half a billion dollars that they’re being paid, which, if you do the rough math, that’s about $45,000 per child. I think that we should have some pretty high expectations at $45,000 per child. So I would love a list of all the contractors that you currently have, the number of complaints, and the severity of the complaints, in each one of those cases, what disciplinary action has been, and how you’re cooperating consistently with state authorities, who usually are the licensing authorities, and I understand that. Audio Recording: Nunes on secret tape: Kavanaugh vote, then Rosenstein impeachment, MSNBC, July 30, 2018. Hearing: Wartime Contracting, Senate Homeland Security Subcommittee, C-SPAN, July 16,2013. 3:30 Senator Claire McCaskill: I learned just this week that the Defense Department spent millions to construct a building in Afghanistan that has never been used. This facility was built despite the fact that the forward commander said they neither needed nor wanted this facility, in May 2010, almost a full year before construction began. We now have a brand-new state-of-the-art building that cost the taxpayers 34 million to build. The worst part is that all indications are, we’re going to tear it down. We can’t even give it away to the Afghanistan government for free because they don’t want a building that they will have to spend millions to rewire because it was built to U.S. electrical code. I also recently learned that more than 13 million may have been wasted on a USAID agricultural development contract with a company called Chemonics. The waste alone is bad enough, but the Special Inspector General also found that the contractor failed to cooperate with the audit. Frankly, that’s just unacceptable. Hearing: Wartime Contracting, Senate Committee on Homeland Security and Governmental Affairs, C-SPAN, September 21, 2011. 46:30 Senator Claire McCaskill: I want to talk about something that I mentioned—and you mentioned in your report, but I think it’s something we need to flesh out for this committee—and that’s contractors being subject to the jurisdiction of the United States of America. Heartbreaking incident in Iraq, that I'm sure you all are aware of, where the negligence of one of our contractors killed one of our soldiers. And in trying to find justice for that family, the contractor avoided the jurisdiction of the United States, and the most insulting thing about it was he then got another—that company then got another contract with our government. After they had used the fact that they were not subject to the jurisdiction of our country as a way to avoid justice for this man’s family, we then decided we should sign up again with them. Community Suggestions Super Typhoon Yutu Relief Campaign See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)  

united states america new york texas children donald trump house energy new york times colorado ny tennessee illinois utah congress afghanistan massachusetts missouri alaska republicans kansas medium washington post democrats iraq senate npr commerce native americans new yorker bloomberg donations cnbc gop msnbc capitol hill commander slate business insider divided congressional democratic party epa republican party homeland security attorney generals vox brett kavanaugh politico financial services investigations boston globe dems huffpost election results usaid cummings o'brien midterm elections aca nbc sports heartbreaking hhs c span house democrats social services defense department senate committee detroit free press rick scott media matters hwy palestinian american jim acosta kansas city star orlando sentinel texas house means committee judiciary committee halliburton william j chris collins ap news trumpworld rosenstein bill nelson trump no governmental affairs oversight committee missouri department mccaskill dave clarke american banker military times intelligence committee adam davidson migration policy institute anthony gonzalez wbtv missouri senate ionia duncan hunter zinke colin allred trt world ryan zinke dan mangan congressional dish unknown speaker michael burke george t crestview mark joseph stern homeland security committee senate homeland security music alley heitkamp katyal special inspector general indiana house cnn politics dallas news justin wise pamela brown lauren fox josh barro government executive interior secretary ryan zinke katherine ross miranda green julie watson karoun demirjian curtis crabtree umair irfan fahrenthold ben lefebvre kevin yoder mike debonis kate davidson bradley byrne laura jarrett cromnibus tara golshan rob blackwell southwest key alexander bolton cover art design brian naylor david ippolito mike lillis article trump jonathan o'connell jordain carney renae merle bryan lowry tom hamburger
Congressional Dish
CD177: Immigrant Family Separations

Congressional Dish

Play Episode Listen Later Jul 8, 2018 142:10


A new policy change by the Trump administration on May 7th has resulted in thousands of children being separated from their want-to-be-immigrant parents who crossed the U.S. southern border in the wrong location. In this episode, hear from officials in every branch of government involved to learn why this is happening, why it's proving to be so difficult to return the children to their parents, and what we can do to help this situation. Please Support Congressional Dish - Quick Links Click here to contribute a lump sum or set up a monthly contribution via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North Number 4576 Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Letter to Representative/Senators Jen's letter that she sent to her members of Congress. You are welcome to use this as you wish!  Additional Reading Report: Trump administration: Migrant families can be detained for more than 20 days by Tanya Ballard Brown, NPR, June 29, 2018. Article: Federal judge enjoins separation of migrant children, orders family reunification by Devlin Barrett, Mike DeBonis, Nick Miroff and Isaac Stanley-Becker, The Washington Post, June 27, 2018. Article: Trump aims to dismantle protections for immigrant kids and radically expand the family detention system by Ryan Devereaux, The Intercept, June 26, 2018. Article: With prosecutions of parents suspended the status quo returns at the border, The Washington Post, June 25, 2018. Article: Separated immigrant children are all over the U.S. now, far from parents who don't know where they are by Maria Sacchetti, Kevin Sieff and Marc Fisher, The Washington Post, June 24, 2018. Article: U.S. officials separated him from his child then he was deported to El Salvador, The Washington Post, June 23, 2018. Article: Yes, Obama separated families at the border, too by Franco Ordonez and Anita Kumar, McClatchy, Jue 21, 2018. Report: Governor orders probe of abuse claims by immigrant children by Michael Bisecker, Jake Pearson and Garance Burke, AP News, June 21, 2018. Report: Migrant children at the border - the facts by Graham Kates, CBS News, June 20, 2018. Report: The facilities that are housing children separated from their parents by Andy Uhler and David Brancaccio, Marketplace, June 20, 2018. Article: How private contractors enable Trump's cruelties at the border by David Dayen, The Nation, June 20, 2018. Article: Separating migrant families is barbaric. It's also what the U.S. has been doing to people of color for hundreds of years. by Shaun King, The Intercept, June 20, 2018. Report: Trump's executive order on family separation: What it does and doesn't do by Richard Gonzales, NPR, June 20, 2018. Report: U.S. announces its withdrawal from U.N. Human Rights Council by Colin Dwyer, NPR, June 19, 2018. Article: Detainees in Oregon say they followed asylum process and were arrested by Conrad Wilson, OPB, June 19, 2018. Report: Fact-checking family separation by Amrit Cheng, ACLU, June 19, 2018. Article: The U.S. has taken more than 3,700 children from their parents - and has no plan for returning them by Ryan Devereaux, The Intercept, June 19, 2018. Article: Exclusive: US officials lost track of nearly 6,000 unaccompanied migrant kids by Franco Ordonez and Anita Kumar, McClatchy, June 19, 2018. Article: The government has no plan for reuniting the immigrant families it is tearing apart by Jonathan Blitzer, The New Yorker, June 18, 2018. Report: U.N. rights chief tells U.S. to stop taking migrant children from parents by Nick Cumming-Bruce, The New York Times, June 18, 2018. Article: Taking migrant children from parents is illegal, U.N. tells U.S. by Nick Cumming-Bruce, The New York Times, June 5, 2018. Article: Parents, children ensnared in 'zero-tolerance' border prosecutions by Curt Prendergast and Perla Trevizo, Arizona Daily Star, May 28, 2018. Statement: By HHS Deputy Secretary on unaccompanied alien children program, HHS Deputy Secretary Eric Hargan, HHS, May 28, 2018. Report: Trump administration using contractors accused of abuse to detain undocumented children by TYT Investigates, TYT Network, May 28, 2018. Testimony: Ronald D. Vitiello on Stopping the daily border caravan: Time to build a policy wall, U.S. Department of Homeland Security, May 22, 2018. Report: ICE has already missed two detention reporting deadlines set by Congress in March, National Immigrant Justice Center, May 17, 2018. Article: As Gaza death toll rises, Israeli tactics face scrutiny by Josef Federman, The Seattle Times, May 15, 2018. News Report: Attorney General Sessions delivers remarks discussing the immigration enforcement actions of the Trump administration, Department of Justice, May 7, 2018. Statement: Steven Wagner of Administration for Children and Families U.S. Department of Health and Human Services, April 26, 2018. Article: Hundreds of immigrant children have been taken from parents at U.S. border by Caitlin Dickerson, The New York Times, April 20, 2018. Article: Trump's first year has been the private prison industry's best by Lauren-Brooke "L.B" Eisen, Brennan Center for Justice, January 15, 2018. Article: Private-prison giant, resurgent in Trump era, gathers at president's resort by Amy Brittain and Drew Harwell, The Washington Post, October 25, 2017. Report: Trump administration warns that U.S. may pull out of U.N. Human Rights Council by Merrit Kennedy, NPR, June 6, 2017. Article: Private prisons were thriving even before Trump was elected by Alice Speri, The Intercept, November 28, 2016. Article: Mexican migrant kids swiftly sent back by Sandra Dibble, San Diego Union Tribune, July 12, 2014. Article: Immigrant surge rooted in law to curb child trafficking by Carl Hulse, The New York Times, July 7, 2014. Resources Agency Details: U.S. Department of Health and Human Services GovTrack: H.R. 4760: Securing America's Future Act of 2018 GovTrack: H.R. 7311 (110th): William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 Human Rights First: The Flores Settlement Publication: Betraying Family Values: How Immigration Policy at the United States Border is Separating Families Snopes.com: Did the U.S. government lose track of 1,475 migrant children? U.S. Department of Homeland Security: Organizational Chart U.S. Customs and Border Protection: Southwest Border Migration FY2018 Sound Clip Sources Hearing: Prescription Drug Supply and Cost, Senate Finance Committee, C-SPAN, June 26, 2018. Witness: - Alex Azar - Health and Human Services Secretary 27:50 Senator Ron Wyden (OR): How many kids who were in your custody because of the zero-tolerance policy have been reunified with a parent or a relative? Alex Azar: So, I believe we have had a high of over 2,300 children that were separated from their parents as a result of the enforcement policy. We now have 2,047. Sen. Wyden: How many have been reunified? Azar: So, they would be unified with either parents or other relatives under our policy, so, of course if the parent remains in detention, unfortunately under rules that are set by Congress and the courts, they can’t be reunified while they’re in detention. Sen. Wyden: So is the answer zero? I mean, you have— Azar: No, no. No, we’ve had hundreds of children who had been separated who are now with—for instance, if there was a parent— Sen. Wyden: I want an— Azar: —parent who’s here in the country, they’d be with that parent. Sen. Wyden: I want to know about the children in your department’s custody. Azar: Yeah. Sen. Wyden: How many of them have been reunified? Azar: Well, that’s exactly what I’m saying. They had been placed with a parent or other relative who’s— Sen. Wyden: How many? Azar: —here in the United States. Sen. Wyden: How many? Azar: Several hundred. Sen. Wyden: Of the 2— Azar: Of the 2,300-plus that— Sen. Wyden: Okay. Azar: —came into our care. Sen. Wyden: How many— Azar: Probably of 2,047. 49:20 Senator Ben Nelson (FL): So, what is the plan to reunite 2,300 children? Alex Azar: Absolutely. So, the first thing we need to do is, for any of the parents, we have to confirm parentage. So that’s part of the process. With any child in our care, we have to ensure—there are traffickers; there are smugglers; there’re, frankly, just some bad people occasionally—we have to ensure that the parentage is confirmed. We have to vet those parents to ensure there’s no criminality or violent history on them. That’s part of the regular process for any placement with an individual. At that point, they’ll be ready to be reconnected to their parents. This is where our very broken immigration laws come into play. We’re not allowed to have a child be with the parent who is in custody of the Department of Homeland Security for more than 20 days, and so until we can get Congress to change that law to—the forcible separation there of the family units—we’ll hold them or place them with another family relative in the United States. But we are working to get all these kids ready to be placed back with their parents, get that all cleared up, as soon as—if Congress passes a change or if those parents complete their immigration proceedings, we can then reunify. 1:11:52 Alex Azar: If Congress doesn’t change the 20-day limit on family unification, then it depends on—the process for any individual parent going through their immigration proceedings, as long as they’re in detention, they can’t be together for more than 20 days—absurdly, but it is the case. 2:03:31 Senator Ron Wyden (OR): You told me a little bit ago that the Department has 2,047 kids in its custody, so— Alex Azar: That are separated. We’ve got about 12,000 unaccompanied minors in our program. Hearing: EB-5 Immigrant Investor Visa Program, C-SPAN, June 19, 2018. Witnesses: Lee Francis Cissna - Director of United States Citizenship and Immigration Services in the Department of Homeland Security   17:17 Senator Dianne Feinstein (CA): Citizenship should not be for sale like a commodity on the stock exchange. There are millions—in fact, 4 million—of individuals who are waiting in line to immigrate lawfully to the United States. They have paid their required fees, they are in line, they wait patiently for a day that a visa becomes available, so they can be reunited with their families here in this country. However, because they don’t have a half a million dollars to buy their way in, they will continue to wait, some as long as 24 years. Yet, under the EB-5 system, the wealthy can cut to the front of the line. 49:45 Lee Francis Cissna: I did not play any role in deciding whether there was going to be a zero-tolerance initiative. What I recommended was, since there is one, what we need to do is decide which cases to refer in fulfillment of the zero-tolerance initiative directed by the attorney general, and I suggested that—I and the other officials who were involved in these discussions suggested that we refer all cases. Senator Dick Durbin: All cases. Cissna: Yes. Anybody who violates 8 U.S.C. 1325(a) will be prosecuted. Sen. Durbin: Which is—simply presenting themselves illegally at the border, without legal authorization at our border. Is that what you’re saying? Cissna: Between ports of entry, yes. Sen. Durbin: And you’re not just limiting this to those who may have committed some other crime, involved in some activity dangerous to the United States, but merely presenting themselves at these places is enough for you to believe this administration should treat them as criminals and remove their children. Cissna: I believe anyone crossing the border illegally who is apprehended doing so, whether they’re presenting themselves or not presenting themselves or trying to evade capture, if they are apprehended, they’re violating the law and should be prosecuted. Sen. Durbin: But if a person came to this border, seeking asylum— Cissna: Mm-hmm. Sen. Durbin: —is that person per se a criminal? Cissna: If they cross illegally, yes. Sen. Durbin: The premise was they presented themselves. Cissna: If they present themselves at the port of entry, no. 57:58 Senator Mazie Hirono (HI): So there are two ways that 1325 violations can proceed: either as a civil matter, which is what was happening with the Obama administration, that did not require separating children from their parents; or you can go the criminal route, and this administration have chosen the criminal route. Isn’t that correct? Lee Francis Cissna: Well, I would have to defer to DOJ on the appropriate interpretation of 1325, but as I read it, it looks like a misdemeanor to me, and, therefore, would be a criminal— Sen. Hirono: Well, I’m reading the statute right here, and it says that it can be considered as a civil penalty’s provision; under civil, not criminal. That’s what the plain meaning of that section says to me that I’m reading right now. So, this administration has chosen to follow the criminal route, and that is the excuse, or that is the rationale, being given for why children have to be separated at the border. Now, you did not have to go that route, and in fact, from your testimony, you sound really proud that this administration has a zero-tolerance policy that is resulting in children being separated from their parents. Am I reading you wrong? You think that this is a perfectly—humane route to go to implement Section 1325? Cissna: It’s the law. I’m proud of it, yeah. Sen. Hirono: No, the law, this law allows for a civil process, and you are attributing _____(01:27). Cissna: I’m not sure that interpretation is correct, and I would, again, defer to DOJ for the final answer. 1:10:30 Senator Sheldon Whitehouse: So, asylum seekers. They’re often refugees, correct? Lee Francis Cissna: Asylum seekers fall into the same definition of refugee at 101(a) (42), yeah. Sen. Whitehouse: Yep. And they often have very little in the way of resources, they’re often frightened, correct? Cissna: Yes. Sen. Whitehouse: Very few have legal degrees or are familiar with the United States’ immigration law, correct? Cissna: Yes. Sen. Whitehouse: And so if you’re a lost and frightened refugee and you see the U.S. border and you think, ah, this is my chance to get across to safety—which has long been something that our country’s been associated with—there could be a perfectly innocent reason for crossing the border in that location. And in that circumstance, would it not be perfectly reasonable for immigration officials who intercept them to say, “Ah, you seem to be a legitimate asylum seeker; you’re just in the wrong place. We’ll take you to the port of entry, and you can join the other asylum seekers at the port of entry”? But to arrest them and separate them from their children is a different choice, correct? Cissna: Well, I think if the person is already at that point where they’re apprehended and making their asylum case known, they’ve already crossed into the country illegally. If they’ve already crossed the border and made their asylum claim, they’ve already violated the law. They violated 1325. They’re here illegally. Sen. Whitehouse: Because they crossed in the wrong place. Cissna: Correct. Sen. Whitehouse: And they may not know that it’s illegal to cross in the wrong place, correct? They may simply be coming here because they’re poor and frightened and seeking safety, and for a long time, that’s what the United States has been a symbol of, has it not? Cissna: I cannot get into the minds of the people that are crossing the border illegally, but it seems to be— Sen. Whitehouse: But it is a clear possibility that there could be an innocent explanation for crossing the border as an asylum seeker at a place other than an established port of entry. Cissna: There might be. *Sen. Whitehouse: Okay. There you go. Cissna: Maybe. 1:36:13 Senator Chuck Grassley (IA): Do you think the administration would support repeal of Flores? Lee Francis Cissna: That is indeed one of the things that Secretary Nielsen spoke about yesterday, repeal Flores, but also you need to give ICE enough funds to be able to hold the family units once you’ve repealed Flores. Briefing: White House Daily Briefing, Immigration Official on Border Security and Migrant Family Separation, C-SPAN, June 18, 2018. Hearing: Central American Immigrants and Border Security, House Homeland Security Subcommittee on Border and Maritime Security, C-SPAN, May 22, 2018. Witnesses: Ronald Vitiello - Acting Deputy Commissioner of US Customs and Border Protection Lee Francis Cissna - Director of US Citizenship and Immigration Services Thomas Homan - Acting Director of US Immigration and Customs Enforcement   15:10 Ronald Vitiello: In accordance with the Department of Justice zero-tolerance policy, Department of Homeland Security Secretary Nielsen has directed CBP to refer all illegal border crossers for criminal prosecution. CBP will enforce immigration laws set forth by Congress. No classes or categories of aliens are exempt from enforcement. 15:48 Ronald Vitiello: The effort and hours used to detain, process, care for, hold UACs and family units distracts our law-enforcement-officer deployments, shrinks our capability to control the border, and make the arrest of smugglers and drug traffickers and criminals much more difficult. 37:40 Ronald Vitiello: Between the ports, we’re now referring anybody that crosses the border illegally—so, Border Patrol’s referring 100% of the people that cross the border illegally—to the Justice Department for criminal prosecution. At the ports, that’s not an illegal act if they come under the same conditions, but the verification of family relationships is essentially the same in both instances. Representative Filemon Vela (TX): So, with this new policy in place, at the point that you’re in a situation where you decide to separate the families, where do the minors go? Vitiello: The decision is to prosecute 100%. If that happens to be a family member, then HHS would then take care of the minor as an unaccompanied child. 39:58 Thomas Homan: As far as the detention capacity, we’re well aware of that. We’re working with U.S. marshals and DOJ on identifying available detention space. I got my staff working on that, along with the department and DOJ, so I think it’ll be addressed. We want to make sure we don’t get back to catch and release, so we’re identifying available beds throughout the country that we can use. As far as the question on HHS, under the Homeland Security Act 2002, we’re required, both the Border Patrol and ICE, to release unaccompanied children to HHS within 72 hours. So, we simply—once they identify within that 72 hours a bed someplace in the country, our job is to get that child to that bed. Then HHS, their responsibility is to reunite that child sometime with a parent and make sure that child gets released to a sponsor that’s being vetted. 41:33 Thomas Homan: If they show up at a port of entry made through asylum claims, they won’t be prosecuted, and they won’t be separated. The department has no policy just to separate families for a deterrence issue. I mean, they’re separating families for two reasons. Number one, they can’t prove the relationship—and we’ve had many cases where children had been trafficked by people that weren’t their parents, and we’re concerned about the child. The other issues are when they’re prosecuted, then they’re separated. 1:39:44 Representative Martha McSally (AZ): To summarize, some of those loopholes that we have been working together with you to close, the first is to raise the standard of the initial asylum interview that happens at the border, which is so low that nearly everybody can make it through. The second is to hold individuals as long as it takes for them to have due process in order to process their claim. The third is to make it inadmissible in our country if you are a serious criminal or gang or a gang member or a terrorist, which I cannot believe isn’t a part of the law, but we actually have to change that law. The fourth is to have a swift removal of you if you are denied in your claim. The fifth is to terminate your asylum, if you were to get it, if you return back to your country without any material change in the conditions there. Clearly, if you’re afraid for your life but you go back to visit, then something’s not right there, so your asylum should be considered for termination. The sixth is that there could be an expeditious return of unaccompanied minors to non-contiguous countries so that we can swiftly return them just like we can to Mexico. And the last is to increase the penalties for false asylum claims in order to deter and hold people accountable if they file for those. Is that a good summary of many of the loopholes we’re talking about today? Ronald Vitiello: Agree. Yes. Rep. McSally: Thank you. These all are in our bill, the Secure America’s Future Act. These are common-sense reforms that will keep our country safe and keep our communities safe, and I just want to encourage—don’t have any members left here—all members on both sides of the aisle, look at our bill, read our bill, study our bill. Hearing: Stopping the Daily Border Caravan: Time to Build a Policy Wall, Border and Maritime Security Subcommittee, Homeland Security Committee, May 22, 2018. Hearing: Homeland Security and Immigration, C-SPAN, May 15, 2018. Witness: Kirstjen Nielsen - Secretary of the Department of Homeland Security   14:00 Kirstjen Nielsen: If you try to enter our country without authorization, you’ve broken the law. The attorney general has declared that we will have zero tolerance for all illegal border crossings, and I stand by that. Anyone crossing the border illegally or filing a fraudulent asylum claim will be detained, referred for criminal prosecution, and removed from the United States, as appropriate. 36:45 Senator John Hoeven (ND): You know, when you do detain, apprehend, unaccompanied children coming across the border, as well as others, what are you doing to try to address the adjudication process, which is such a bottleneck in terms of trying to address this issue? You know, I know you’re short there. What can you do and what are you doing to try to adjudicate these individuals? Kirstjen Nielsen: So, as I continue to find out every day, our immigration process is very complex, as you well know, and involves many, many departments. What we’ve tried to do is look at it from an end-to-end approach. So in the example you just gave, there’s actually about three or four different processes that those groups would undertake. So in some cases we need additional immigration judges—DOJ’s working on that. In some cases we need additional processes and agreements with other parts of the interagency family—we’ve done that, for example, with HHS to make sure that we’re appropriately taking care of UACs in their custody. And then there’s other parts who, depending on if they’re referred for prosecution, we hand them over to the marshals—we want to make sure that that’s a process that works. And then in some cases we use alternates to detention. As you know, rather than detaining them, we will have check-ins; in some cases, ankle bracelets; but other ways to make sure that we have them detained while they’re awaiting their removal proceedings. Sen. Hoeven: Is that working? Nielsen: It does work. It does work. It’s a good combination. We do it on a case-by-case basis. There’s lots of criteria that we look at to determine when that’s appropriate and when that’s not appropriate. But, again, I think it’s some of the opening remarks perhaps the chairman made, if you look at UACs, 66% of those who receive final orders, receive the final orders purely because they never showed up for court. And we find that we’re only able to remove 3.5% of those who should be removed, who a judge has said has a final. So, if we can track them, it’s a much more efficient process while we wait for the final adjudication. 55:58 Senator Kamala Harris (CA): I also asked that I be provided with what training and procedures are being given to CBP officers as it relates to how they are instructed to carry out family separation. I’ve not received that information. Do you have that today? Kirstjen Nielsen: No. You have not asked me for it, so I do not have it, but— Sen. Harris: No, I asked you for it. Nielsen: —I’m happy to give it to you. Sen. Harris: Okay. So, again, by the end of next week, please. Nielsen: Can you explain a little more what you’re looking for? Sen. Harris: Sure. So, your agency will be separating children from their parents, and I would assume— Nielsen: No. What we’ll be doing is prosecuting parents who’ve broken the law, just as we do every day in the United States of America. Sen. Harris: I can appreciate that, but if that parent has a four-year-old child, what do you plan on doing with that child? Nielsen: The child, under law, goes to HHS for care and custody. Sen. Harris: They will be separated from their parent. Answer my question. Nielsen: Just like we do in the United States every day. Sen. Harris: So, they will be separated from their parent. And my question, then, is, when you are separating children from their parents, do you have a protocol in place about how that should be done? And are you training the people who will actually remove a child from their parent on how to do that in the least-traumatic way? I would hope you do train on how to do that. And so the question is, and the request has been, to give us the information about how you are training and what the protocols are for separating a child from their parent. Nielsen: I’m happy to provide you with the training information. Sen. Harris: Thank you. 57:25 Senator Kamala Harris (CA): And what steps are being taken, if you can tell me, to ensure that once separated, parent and child, that there will be an opportunity to at least sustain communication between the parent and their child? Kirstjen Nielsen: The children are at HHS, but I’m happy to work with HHS to get you an answer for that. 1:57:50 Senator Kamala Harris (CA): Regarding detention conditions. Secretary, are you aware that multiple federal oversight bodies, such as the OIG and the GAO, have documented medical negligence of immigrants in the detention system, in particular that ICE has reported 170 deaths in their custody since 2003? Are you familiar with that? Kirstjen Nielsen: No, ma’am. Sen. Harris: Are you aware that they also found that pregnant women in particular receive insufficient medical attention while in custody, resulting in dehydration and even miscarriages? Nielsen: I do not believe that is a current assessment of our detention facilities. Sen. Harris: Okay. Can you please submit to this committee a current assessment? Nielsen: Yeah, I’m happy to. Sen. Harris: On that point? Nielsen: So, we provide neonatal care. We do pregnancy screening from ages 15 to 56. We provide outside specialists should you seek it. We do not detain any women past their third trimester. Once they enter their third trimester, we provide them separate housing. So, yes, we’re happy to detail all of the things we do to take good care of them. Sen. Harris: And did you submit that to the OIG in response to their findings? Nielsen: We have been in—yes, of course—working in conjunction with the OIG. I’m not sure exactly what the date is of the OIG report that you’re referencing, but I will look into it after this. Sen. Harris: Okay. And then also, between fiscal year ’12 and March of 2018, it’s our understanding—before I go on—the OIG report is from December of this past year, 2017. So it’s very recent. Five months ago? Also between FY ’12 and March 2018, ICE received, according to these reports, 1,448 allegations of sexual abuse in detention facilities, and only a small percent of these claims have been investigated by DHS, OIG. Are you familiar with that? Nielsen: I’m not familiar with that number, no. News Report: Raw Video: Sessions Says 'Zero Tolerance' for Illegal Border Crossings, CBS Local San Francisco, May 7, 2018. Attorney General Jeff Sessions Today we are here to send a message to the world: we are not going to let this country be overwhelmed. People are not going to caravan or otherwise stampede our border. We need legality and integrity in the system. That’s why the Department of Homeland Security is now referring 100 percent of illegal Southwest Border crossings to the Department of Justice for prosecution. And the Department of Justice will take up those cases. I have put in place a “zero tolerance” policy for illegal entry on our Southwest border. If you cross this border unlawfully, then we will prosecute you. It’s that simple. Attorney General Jeff Sessions - In order to carry out these important new enforcement policies, I have sent 35 prosecutors to the Southwest and moved 18 immigration judges to the border. These are supervisory judges that don’t have existing caseloads and will be able to function full time on moving these cases. That will be about a 50 percent increase in the number of immigration judges who will be handling the asylum claims." Hearing: Oversight of HHS and DHS Efforts to Protect Unaccompanied Alien Children from Human Trafficking and Abuse, U.S. Senate Committee on Homeland Security and Governmental Affairs, April 26, 2018. Witnesses:  James McCament - Deputy Under Secretary of the Office of Strategy, Policy, and Plans at the Dept. of Homeland Security Steven Wagner - Acting Assistant Secratary for Administration for Children and Facilities at the Dept. of Health and Human Services Kathryn Larin - Director of Education, Workforce, and Income Security Team at the U.S. Government Accountability Office   15:47 Senator Rob Portman (OH): In 2015, I learned the story of eight unaccompanied minors from Guatemala who crossed our southern border. A ring of human traffickers had lured them to the United States. They’d actually gone to Guatemala and told their parents that they would provide them education in America and to pay for the children’s smuggling debt. The parents actually gave the traffickers the deeds to their homes. And the traffickers retained those until the children could work off that debt, because they weren’t interested in giving them education, it turned out; they were interested in trafficking them. When the children crossed our border, their status, as defined by federal immigration law, was that of an unaccompanied alien child, or a UAC, so you hear the term UAC used today. The Department of Homeland Security picked them up, and following protocol, transferred them to Department of Health and Human Services. HHS was then supposed to place these children with sponsors who would keep them safe until they could go through the appropriate immigration legal proceedings. That’s practice. That didn’t happen. What did happen is that HHS released these children back into the custody of those human traffickers without vetting them. Let me repeat. HHS actually placed these children back in the hands the traffickers. The traffickers then took them to an egg farm in Marion, Ohio, where these children lived in squalid conditions and were forced to work 12 hours a day, six, seven days a week, for more than a year. The traffickers threatened the children and their families with physical harm and even death if the children didn’t perform these long hours. This subcommittee investigated. We found HHS didn’t do background checks on the sponsors. HHS didn’t respond to red flags that should have alerted them to problems with the sponsors. For example, HHS missed that a group of sponsors were collecting multiple UACs, not just one child but multiple children. HHS didn’t do anything when a social worker provided help for one of those children, or tried to at least, and the sponsor turned the social worker away. During the investigation, we held a hearing in January 2016—so this goes back a couple years—where HHS committed to do better, understanding that this was a major problem. 2016, of course that was during the Obama administration, so this has gone on through two administrations now. HHS committed to clarifying the Department of Homeland Security and HHS responsibilities for protecting these children. HHS and DHS entered into a three-page memorandum of agreement, which said that the agencies recognized they should ensure that these unaccompanied alien children weren’t abused or trafficked. The agreement said the agencies would enter into a detailed joint concept of operations—so an agreement that’d actually lay out their responsibilities—that would spell out what the agencies would do to fix the problems. HHS and DHS gave themselves a deadline of February 2017 to have this joint concept of operations pulled together. That seemed like plenty of time to do it, but it wasn’t done, and that was over a year ago, February 2017. It’s now April 2018. We don’t have that joint concept of operations—so-called JCO—and despite repeated questions from Senator Carper and from me as well as our staffs over the past year, we don’t have any answers about why we don’t have the joint concept of operations. In fact, at a recent meeting a DHS official asked our investigators why we even cared about a JCO, why. And let me be clear: we care about the JCO because we care that we have a plan in place to protect these kids when they are in government custody. We care because the Government Accountability Office has said that DHS has sent children to the wrong facility because of miscommunications with HHS, and because of other concerns. We care because the agencies themselves thought it was important enough to set a deadline for the JCO but then blew past that date. We care because these kids, regardless of immigration status, deserve to be properly treated, not abused or trafficked. We learned at 4 p.m. yesterday that 13 days ago there was an additional memorandum of agreement reached between the two agencies. We requested and finally received a copy of that new agreement at midnight last night. It’s not the JCO that we’ve been waiting for, but it is a more general statement of how information will be shared between the two agencies. Frankly, we had assumed this information was already being shared and maybe it was, and it’s positive that we have this additional memorandum—that’s great. It’s nice that this hearing motivated that to happen, but it’s not the JCO we’ve all been waiting for. 45:05 Kathryn Larin: In 2015, we reported that the interagency process to refer unaccompanied children from DHS to ORR shelters was inefficient and vulnerable to error. We recommended that DHS and HHS develop a joint collaborative process for the referral and placement of unaccompanied children. In response, the agencies recently developed a memorandum of agreement that provides a framework for coordinating responsibilities. However, it is still under review and has not yet been implemented. 1:27:34 Senator Heidi Heitkamp (ND): It’s HHS. This is not a new problem. We’ve been at this a long time. Where are these kids, why don’t we know where they are, and how come after months of investigation by this committee we don’t seem to be getting any better answers, Mr. Wagner? Steven Wagner: The answer to your question depends on what sort of timeframe you’re talking about. If you’re talking about the 30 days after release to a sponsor that we have determined to be qualified to provide for the care and safety and wellbeing of the kid, I think in the vast majority, I think we’re getting pretty close to 100% of those cases we know where they are. When you’re talking about as time goes on, things change. Yes, kids run away. No, we do not have a capacity for tracking down runaway UACs who leave their sponsors. Sen. Heitkamp: What do you think would happen in the IV-E program—the IV-E program is a federally sponsored funding for foster care that the states access to pay for foster-care kids. That’s IV-E. In order to get that money, you have to be a responsible state and know. What would happen, do you think, with IV-E dollars in a state that said, you know, we know where they are. We turned them over to a foster parent. We didn’t do any—I mean, as we know, not a lot of home visits, not a lot of followup. And if they ran away, we don’t know. What do you think you guys would do with the IV-E program in a state that had that kind of response? Wagner: Senator, you’re constructing an additional legal responsibility, which, in our view, does not currently exist with the UAC program. Our legal responsibility is to place these children in suitable households. In the IV-E program— Sen. Heitkamp: And then forget about. Wagner: —it would be a crisis. And there is—every state has a child-protective service agency to deal with those situations. We don’t have that apparatus. Sen. Heitkamp: And so if they—and you have no intention of creating that apparatus. You have no intention of having a database—I do need to understand where you think your lines of jurisdiction are. So you have no intention of ever trying to solve the problem of, here we gave the kid to the guy who said he was her uncle. We gave them to the uncle, and we found that was okay. And now we told the state maybe, or we didn’t tell the state, and good luck to that 15-year-old who went to her uncle. Wagner: I don’t agree with your characterization of the decision-making process. However, you know, this is an expensive program. Our duty is to execute the will of Congress and the president, which we will do faithfully. Sen. Heitkamp: Well, I think our duty is— Wagner: If you tell us you want us to track down— Sen. Heitkamp: I think our duty is a little more humanitarian than that, but can you tell me that in every case you notify the state agency that you have placed a minor in the custody of a suitable sponsor? Wagner: No, Senator. Sen. Heitkamp: Yeah. Wagner: It’s not our procedure to place state— Sen. Heitkamp: But you’re telling me that the backdrop—you’re telling me that the backdrop, the protection for that kid now falls on the state, even though you don’t even give the state the courtesy of telling them where they are. 1:51:28 Senator Rob Portman (OH): Let me back up for a second if I could and talk about what I said at the outset which is this hearing is an opportunity for us to try to get more accountability in the system and to tighten up the loose ends, and we’ve heard so many today, the right hand not knowing what the left hand is doing. And, of course, the focus has been on this joint concept of operations. Because of that, we’ve been working on this with you all for 26 months, over two years. And, again, you promised in your own memorandum of agreement that you would have that completed over a year ago, and still, as of today, it’s not completed. I appreciate that Mr. Wagner said that—and true, at midnight last night we received this additional memorandum of agreement, and I do think information sharing is a good thing, but what we’re looking for is what I thought you were looking for, which is an understanding of how this is actually going to operate and who’s accountable. Because we don’t know who’s responsible and accountable and what the plans are, it’s impossible for us to do our oversight and for us in the end of the day to be sure that this system is working properly for the kids but also for immigration system. So I would ask you today, it’s been 14 months since you promised it, do you have it with you today? Yes or no. Mr. McCament? James McCament: I do not have it with me, ______(01:11). Sen. Portman: Mr. Wagner. Steven Wagner: No, sir. Sen. Portman: Okay. What’s your commitment to getting this done now? So we’re 26 months into it. We’ve over a year past your previous commitment. What’s your commitment you’re going to make to us today as to when this joint concept of operations agreement will be completed? Mr. McCament. McCament: Mr. Chairman, when—being apprised and learning about the significant amount of time, we will be ready as partnership with HHS. As soon as we look at, receive the draft back, we’ll work as expeditiously as possible. I know that that is not to the extent of a time line, but I will tell you that we are ready, and we want to partner actively. You are correct that the MOA is part of that commitment—it is not all. The JCO memorializes our procedures that we already do, but it does not have them collated in one place. Work as expeditiously as possible _____(02:07). Sen. Portman: You make it sound so simple, and you’re also pointing the finger at your colleague here, which has been our problem. McCament: _____(02:15) Sen. Portman: Mr. Wagner, give me a timeframe. Wagner: Sir, we have to incorporate the new MOA in the draft JCO. Honestly, we are months away, but I promise to work diligently to bring it to a conclusion. 1:57:15 Senator Rob Portman (OH): Okay, we learned this morning that about half, maybe up to 58%, of these kids who are being placed with sponsors don’t show up at the immigration hearings. I mean, they just aren’t showing up. So when a sponsor signs the sponsorship agreement, my understanding is they commit to getting these children to their court proceedings. Is that accurate, Mr. Wagner? Steven Wagner: That is accurate. And in addition, they go through the orientation on responsibilities of custodians. Sen. Portman: So, when a child does not show up, HHS has an agreement with the sponsor that has been violated, and HHS, my understanding, is not even notified if the child fails to show up to the proceedings. Is that accurate? Wagner: That is accurate, Senator. Sen. Portman: So you have an agreement with the sponsor. They have to provide this agreement with you, HHS. The child doesn’t show up, and you’re not even notified. So I would ask you, how could you possibly enforce the commitment that you have, the agreement that you have, with the sponsor if you don’t have that information? Wagner: I think you’re right. We have no mechanism for enforcing the agreement if they fail to show up for the hearing. Hearing: Immigration Court System, Senate Judiciary Subcommittee on Border Security, C-SPAN, April 18, 2018. Hearing: Strengthening and Reforming America's Immigration Court System, Subcommittee on Border Security and Immigration, April 18, 2018. Witnesses: James McHenry - Director of the Justice Department's Executive Office for Immigration Review   2:42 Senator John Cornyn (TX): Earlier administrations, both Republican and Democrat, have struggled with how to reduce the case backlogs in the immigration courts. And, unfortunately, Congress has never provided the full extent of immigration judges and support staff truly needed to eliminate the backlogs. As a result, backlogs continue to grow, from 129,000 cases in fiscal 1998 to a staggering 684,000 as of February 2018. 3:27 Senator John Cornyn (TX): Aliens in removal proceedings sometimes wait for years before they ever appear before an immigration judge. For example, as of February 2018 courts in Colorado have the longest time for cases sitting on their docket more than 1,000 days—almost three years. In my home state of Texas, the current wait is 884 days—almost two and a half years. 7:06 Senator Dick Durbin (IL): The Fifth Amendment to the Bill of Rights contains the Constitution’s due-process clause. Let me quote it. “No person shall be deprived of life, liberty, or property without due process of law.” This language about due process actually dates its lineage to the Magna Carta. Please note: the due-process clause extends these critical protections to a “person,” not to a citizen. And the Supreme Court has consistently held that its protection—due-process protection—extends to all persons in the United States. The Court said expressly in Plyler v. Doe, “Aliens, even aliens whose presence in this country is unlawful, have long been recognized as ‘persons’ guaranteed due process of law by the Fifth and Fourteenth Amendments.” 9:23 Senator Dick Durbin (IL): Today, 334 immigration judges face 680,000 pending cases. This backlog has grown by 145,000 cases just since President Trump was sworn into office. 28:45 James McHenry: A typical immigration court proceeding has two stages, or two parts. The first is the determination of removability. The Department of Homeland Security brings charges and allegations that an alien has violated the immigration laws. The judge—the immigration judge—first has to determine whether that charge is sustained, and that will be based on the factual allegations that are brought, so the judge will make determinations on that. If there is a finding that the alien is removable, then the case proceeds to a second phase. If the judge finds the alien is not removable, then the case is terminated. At the second phase, the immigration judge gives the alien an opportunity to apply for any protection or relief from removal that he or she may be eligible for under the Immigration and Nationality Act. This will involve the setting of a separate hearing at which the respondent may present evidence, they may present witnesses, they have the right to cross-examine witnesses brought by the department, and they will bring up whatever factual bases there is for their claim of relief or protection. At the end of that hearing, the immigration judge will assess the evidence, will asses the testimony, will look at the law, and will render a decision. The judge may either grant the application, in which case the respondent will get to remain in the United States. The judge may deny the application but give the respondent an opportunity to voluntarily depart at their own expense and sometimes after paying a bond, or the immigration judge may order the alien removed. 41:50 Senator Mike Lee (UT): I believe you recently testified in front of the House Judiciary Committee that it would take about 700 immigration judges in order to be able to address the backlog and address the current case load. Is that correct? James McHenry: Yeah, last fall the president proposed adding additional immigration judges, up to a number of 700. If we can get 700 on board, especially with our performance measures, we could complete over 450,000 cases a year. That would eviscerate the backlog. Sen. Lee: So, 700 would do it. McHenry: Based on the current numbers, it would certainly go a very long way toward eliminating it, yes. Sen. Lee: How many do you have right now? McHenry: We have 334 on board. Currently, we’re authorized, based on the recent omnibus spending bill, for up to 484. Even getting to that number would allow us to begin completing more cases than new receipts that we have in. Sen. Lee: How long does that normally take? My understanding is that between 2011 and 2016 it was taking about two years to hire a typical immigration judge. Is that still the case? McHenry: No. We have reduced that average. The attorney general issued a new hiring process memo to streamline the process last April. In using that process, we’ve put out five advertisements since the end of June for up to 84 positions in total. The first of those advertisements closed at the end of June last year. We expect to bring on the first judges from that advertisement in May, which will be right at approximately 10 months, and we anticipate bringing on the rest of them in July, which will be right at one year. And we think we can get to a stage where we are bringing on judges in eight months, 10 months, 12 months—a year at the most. Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)  

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Congressional Dish
CD176: Target Venezuela: Regime Change in Progress

Congressional Dish

Play Episode Listen Later Jun 24, 2018 157:17


Venezuela, home to the world’s largest oil reserves, is a country that has been experimenting with a new so-called “socialist” economic model for twenty years. For this sin, two consecutive Venezuelan Presidents have been targeted for regime change by the architects of the “free market” World Trade System, an economic system they intend to be global. In this episode, learn the recent history of Venezuela and hear the highlights of a March 2017 Congressional hearing (which was not aired on television in the United States) during which strategies for a Venezuelan regime change were discussed, and then learn about the regime change steps that have been taken since that hearing which have unfolded exactly how the witnesses advised. Pat Grogan joins Jen for Thank Yous.  Please Support Congressional Dish - Quick Links Click here to contribute a lump sum or set up a monthly contribution via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Use your bank’s online bill pay function to mail contributions to: 5753 Hwy 85 North Number 4576 Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Additional Reading Report: OAS adopts resolution, could bring suspension of Venezuela by Luis Alonso Lugo, AP News, June 6, 2018. Article: Venezuela scores victory as US fails to secure votes for OAS suspension, TeleSUR, June 6, 2018. Opinion: It's time for a coup in Venezuela by Jose R. Cardenas, Foreign Policy, June 5, 2018. Report: Venezuela's 2018 presidential elections, FAS, May 24, 2018. Article: Trump's team gets payback for Rubio on Venezuelan assassination plot by Marc Caputo, Potlitico, May 22, 2018. Article: U.S. places new sanctions on Venezuela day after election by Julie Hirschfeld Davis, The New York Times, May 21, 2018. Opinion: Marco Rubio: It's time to hasten Maduro's exit from power by Marco Rubio, CNN, May 16, 2018. Article: ConocoPhillips could bring deeper trouble to Venezuela by Nick Cunningham, Business Insider, May 12, 2018. Report: ConocoPhillips wins $2 billion ruling over Venezuelan seizure by Clifford Krauss, The New York Times, April 25, 2018. Article: Exclusive: Russia secretly helped VEnezuela launch a cryptocurrency to evade U.S. sanctions by Simon Shuster, Time, March 20, 2018. Article: Tillerson floats possible Venezuelan military coup, says US does not advocate 'regime change' by Max Greenwood, The Hill, February 1, 2018. Report: Venezuela's economic crisis: Issues for Congress by Rebecca M. Nelson, Congressional Research Service, January 10, 2018. Article: Venezuela's ruling party wins surprise victory in regional elections by Scott Neuman, NPR, October 16, 2017. Report: New financial sanctions on Venezuela: Key issues, FAS, September 1, 2017. Article: Venezuela's pro-Maduro assembly seizes congressional powers by Colin Dwyer, NPR, August 18, 2017. Article: Pence vows to end 'the tragedy of tyranny' in Venezuela through 'peaceable means' by Philip Rucker, The Washington Post, August 13, 2017. Report: Trump alarms Venezuela with talk of a 'military option,' The New York Times, August 12, 2017. Article: The battle for Venezuela and its oil by Jeremy Scahill, The Intercept, August 12, 2017. Article: Venezuela's dubious new constituent assembly explained by Jennifer L. McCoy, The Washington Post, August 1, 2017. Article: In wake of 'sham election,' U.S. sanctions Venezuelan President Maduro by Colin Dwyer, NPR, July 31, 2017. Report: U.S. Petroleum trade with Venezuela: Financial and economic considerations with possible sanctions, FAS, July 27, 2017. Article: Venezuela row as National Assembly appoints judges, BBC News, July 22, 2017. Report: Exxon blocked from enforcing Venezuela arbitration award: U.S. appeals court by Jonathan Stempel, Reuters, July 11, 2017. Article: Maduro wants to rewrite Venezuela's constitution, that's rocket fuel on the fire, The Washington Post, June 10, 2017. Article: Venezuela eyes assembly vote in July; man set ablaze dies by Alexandra Ulmer and Deisy Buitrago, Reuters, June 4, 2017. Article: Riven by fire and fiery rhetoric, Venezuela decides its future in the streets by Colin Dwyer, NPR, May 5, 2017. Report: AP explains: Venezuela's 'anti-capitalist' constitution by Hannah Dreier, Yahoo News, May 4, 2017. Article: Venezuela plan to rewrite constitution branded a coup by former regional allies by Jonathan Watts and Virginia Lopez, The Guardian, May 2, 2017. Article: Venezuela's Maduro sees local elections later in 2017 by Andrew Cawthorne, Reuters, April 30, 2017. Article: Opposition parties in Venezuela prepare for elections, hoping they will come by John Otis, NPR, April 8, 2017. Article: Venezuelan court revises ruling that nullified legislature by Nicholas Casey and Patricia Torres, The New York Times, April 1, 2017. Article: Venezuela's top court and president reverse course, restore powers to legislature by Jason Slotkin, NPR, April 1, 2017. Article: Venezuela muzzles legislature, moving closer to one-man rule by Nicholas Casey and Patricia Torres, The New York Times, March 30, 2017. Article: Venezuelan political crisis grows after High Court dissolves Congress by Richard Gonzelez, NPR, March 30, 2017. Article: Venezuela court effectively shuts down congress as opposition cries 'coup' by Jim Wyss, Miami Herald, March 30, 2017. Article: Order for Venezuela to pay Exxon $1.4 bln in damages overturned - lawyer by Reuters Staff, CNBC, March 10, 2017. Report: Venezuela President Maduro hikes wages, distributes social housing, DW, January 5, 2017. Article: Did Hilary Clinton stand by as Honduras coup ushered in era of violence? by Nina Lakhani, The Guardian, August 31, 2016. Article: Inside the booming smuggling trade between Venezuela and Colombia by Ezra Kaplan, Time, March 31, 2016. Article: Venezuela's constitutional crisis: How did we get here? by Juan Cristobal Nagel, Caracas Chronicles, January 12, 2016. Article: Venezuela: What changes will the new Congress bring?, BBC News, January 7, 2016. Article: Oil giants punish Venezuela through Dutch treaty by Frank Mulder, Inter Press Service News Agency, January 4, 2016. Report: Venezuela top court blocks four lawmakers-elect from taking office by Reuters Staff, Reuters, December 30, 2015. Report: Venezuela's departing legislature approves 13 new justices by Patricia Torres and William Neuman, The New York Times, December 23, 2015. Report: Venezuela's outgoing Congress names 13 Supreme Court justices by Diego Ore, Reuters, December 23, 2015. Article: Venezuela: Curb plan to pack Supreme Court, Human Rights Watch, December 10, 2015. Article: Venezuela election: Opposition coalition secures 'supermajority' by Associated Press, The Guardian, December 8, 2015. Article: Venezuela's high-life hope hard-hit poor will abandon Chavez's legacy by Sibylla Brodzinsky, The Guardian, December 5, 2015. Article: Snowden leak reveals Obama government ordered NSA, CIA to spy on Venzuela oil firm by Charles Davis and Andrew Fishman, Common Dreams, November 19, 2015. Article: The long war: Venezuela and ExxonMobil, Telesur TV, November 18, 2015. Article: Obama vs. Chavismo by Boris Munoz, The New Yorker, March 18, 2015. Article: A tale of two countries: Venezuela, the United States and international investment by John G. Murphy, U.S. Chamber of Commerce, October 17, 2014. Article: The dirty hand of the National Endowment for Democracy in Venezuela by Eva Golinger, Counter Punch, April 25, 2014. Article: The 2002 oil lockout: 10 years later by Yuleidys Hernandez Toledo, Venezuelan Analysis, December 7, 2012. Article: Declassified documents show that the US finances groups opposed to Chavez since 2002, Grupo Tortuga, September 2, 2006. Article: Documents show C.I.A knew of a coup plot in Venezuela by Juan Forero, The New York Times, December 3, 2004. Report: Documents show C.I.A knew of a coup plot in Venezuela by Juan Forero, The New York Times, December 3, 2004. Article: The coup connection by Joshua Kurlantzick, Mother Jones, November/December 2004. Article: Pyrrhus of Caracas, The Economist, January 2, 2003. Article: Strike cripples Venezuela's oil industry by Jarrett Murphy, CBS News, December 10, 2002. Article: The coup that wasn't by Marc Cooper, The Nation, September 11, 2002. Article: Our gang in Venezuela? by David Corn, The Nation, July 18, 2002. Article: American navy 'helped Venezuelan coup' by Duncan Campbell, The Guardian, April 29, 2002. Article: Venezuela coup linked to Bush team by Ed Vulliamy, The Guardian, April 21, 2002. Article: Chavez rises from very peculiar coup by Alex Bellos, The Guardian, April 15, 2002. Resources Congressional Research Service: Venezuela: Issues for Congress, 2013-2016, Mark P. Sullivan, January 23, 2017. Congressional Research Service: Venezuela: U.S. Policy Overview, May 20, 2015. Global Affairs Canada: Canadian Sanctions Related to Venezuela Government of Canada: Venezuela Sanctions House Foreign Relations Committee Hearing Transcript: The State of Democracy in Venezuela, June 24, 2004. Human Development Report 2016: Venezuela (Bolivarian Republic of) Library of Congress: Crude Oil Royalty Rates Organization of American States: Inter-American Democratic Charter Resolution of San Jose, Costa Rica Organization of American States: Historic Background of the Inter-American Democratic Charter Public Citizen Report: Investor-State Dispute Settlement (ISDS): Extraordinary Corporate Power in "Trade" Deals USAID Report: Venezuela 2002-2010 Venezuelan Constitution: Title IX: Constitutional Reforms (Art. 340-350) WikiLeaks: The Global Intelligence Files Re: Reliable Source for Venezuelan Inflation Statistics? WikiLeaks: USAID/OTI Programmatic Support for Country Team 5 Point Strategy, Public Library of Diplomacy, November 9, 2006. Visual References Data: How did Venezuela change under Hugo Chavez, The Guardian, October 4, 2012 Sound Clip Sources Hearing: Democracy Promotion in a Challenging World, House Foreign Affairs Committee, June 14, 2018. Video: Debunking John Oliver on Venezuela, The Real News Network, June 9, 2018. Hearing: Advancing US Business Investment and Trade in the Americas, House Foreign Affairs Committee, June 7, 2018. Video: Pompeo calls for kicking Venezuela out of OAS and more sanctions, The Washington Post, June 4, 2018. Secretary of State Mike Pompeo: “In addition to suspension, I call on member states to apply additional pressure on the Maduro regime with financial sanctions and diplomatic isolation until such time as it takes the actions necessary to return genuine democracy and provide people desperately needed access to international humanitarian aid" Hearing: Advancing U.S. Interests Through the Organization of American States, House Foreign Affairs Subcommittee, February 14, 2018. Hearing: The Venezuela Crisis: The Malicious Influence of State and Criminal Actors, House Foreign Affairs Committee, September 13, 2017. Empire Files: Constituent Assembly Dictatorship or Democracy in Venezuela? TeleSUR English, July 19, 2017. Hearing:The Collapse of The Rule of Law in Venezuela: What the United States and the International Community Can Do to Restore Democracy, Senate Committee on Foreign Relations Subcommittee, July 19, 2017. 07:15 Senator Marco Rubio: I also know this, and I do not speak for the president, but I’ve certainly spoken to the president, and I will only reiterate what he has already said, and I’ve been saying this now for a number of days: it is my—I have 100% confidence that if democracy is destroyed once and for all in Venezuela on the 30th in terms of the Maduro regime, the president of the U.S. is prepared to act unilaterally in a significant and swift way. And that is not a threat; that is the reporting of the truth. 10:38 Senator Bob Menendez: Even as their president prevents international support for the basic humanitarian needs of its citizens—blocking an effort by the National Assembly to facilitate international systems—they are voting to demand fundamental freedoms. Despite the suffering of his people, and the international outcry, Maduro insists on clinging onto the shreds of a failed ideology his predecessor and a few colleagues in the region still champion. Empire Files: Abby Martin Meets the Venezuelan Opposition, TeleSUR English, July 3, 2017. Empire Files: Venezuela Economy Minister-Sabotage, Not Socialism, is the Problem, TeleSUR English, June 17, 2017. Hearing: Venezuela's Tragic Meltdown, House Foreign Affairs Subcommittee, March 28, 2017. Hearing: Venezuela: Options for U.S. Policy, Senate Foreign Relations Committee, March 2, 2017. 21:30 Shannon O’Neil: The United States can and should also delve into Venezuela’s recent financial transactions, and specifically, its use of U.S.-based Citgo assets to collateralize its loans. CFIUS should investigate bond purchases by the Russian state-controlled oil company, Rosneft, who may, in the case of default, actually gain majority control of this critical refinery infrastructure here in the United States. 21:53 Shannon O’Neil: Multilateral initiatives are perhaps more important and potentially more fruitful as a means to influence Venezuela. This will mean working behind the scenes to galvanize opposition and condemnation for the Maduro regime. This’ll be more effective than U.S. efforts alone as it will be much harder for the Venezuelan government to dismiss the criticisms and the actions of its South American neighbors as imperialist overreach. And such a coalition is much more possible today than in any time in the recent past, due both to the accelerating repression and the breaking of the last democratic norms in Venezuela, and due to the very different stances of South America’s recently elected leaders, particularly in Peru, in Brazil, and in Argentina. The OAS remains a venue and an instrument to focus these efforts. The U.S. should call on the organization to again invoke the Inter-American Charter to evaluate Venezuela’s democratic credentials and its compliance with them, and this could lead, potentially to sanctions and suspension of Venezuela from this multilateral body. 23:00 Shannon O’Neil: And then, finally, the United States should begin preparing for change. If the Maduro regime is forced out or it collapses, the country will likely face humanitarian, economic, and financial chaos. And there’re two particular things the United States can start preparing for. The first is a wave of refugees. This will hit Venezuela’s neighbors the hardest—Brazil, Colombia, Guyana, nearby Caribbean nations. It’s important to help them with money, with supplies, potentially with personnel, and to back international NGOs in multilateral efforts to ease the suffering of these people. The second aspect to prepare for is a restructuring of Venezuela’s finances and its economy. A new government will need to renegotiate 140 billion dollars’ worth of external debt, whether or not the government has already defaulted upon it or not. And this massive undertaking will likely require an IMF rescue package and the baking of the international community and creditors. The U.S. will be vital in facilitating this as well as in helping a new government take the tough economic policy choices to turn the economy around. These will include, freeing the exchange rate, reinducing market prices, creating sustainable policies for the poor, and rooting out corruption. And thought this is complicated, the faster it occurs, the faster Venezuela’s economy will grow again. 25:30 Senator Ben Cardin: We look at ways in which we can change the direction here, and it starts with the governance. When you have a corrupt government, it’s going to be very difficult to see international organizations willing to come in to help refinance their economy. Even though they have wealth, it’s going to be difficult to figure out how that takes place unless they have basic changes in the way their government’s doing business. And we don’t see any indication that that’s taking place. So, you’ve made a couple suggestions. One is we need to work with our regional partners, which I fully agree. So let’s start with OAS, which is the entire region, as to whether it’s realistic that the Democratic Charter provisions can in fact lead to change in Venezuela. Ultimately, it will require us to have the threat of at least two-thirds of the countries if we’re going to be able to invoke the Charter with some teeth. What is the likelihood that OAS could be effective as a real force in bringing about change by the Maduro government? Mr. Feierstein? Mark Feierstein: Well, thank you very much for that question, and actually, if I can hit on your two other points as well; first, with regard to humanitarian assistance. Under the Obama administration, the USAID in fact did put together a contingency plan to provide assistance if in fact, even when, the Venezuelan government is willing to receive it, and USAID has a warehouse in Miami that’s prepared to provide assistance. I know international organizations are prepared as well. There has been some dialog between the government and the Inter-American Development Bank with regard to economic reform, though, frankly at fairly lower levels, and there’s no indication at senior levels that they’re inclined at serious attempts at economic reform. With regard to the OAS, I think that we’re much better positioned now than we were a couple years ago, and that’s because of some changes in some key governments in the region—Argentina; Peru; Brazil; there was a reference to Ecuador, a potential change there as well. And I think that patience has clearly run out with Maduro. I think countries are more inclined now to take action. There has been hesitation to do so as long as the dialog was alive and long as the Vatican was engaged. One of the challenges has been with regard to the Caribbean countries, which receive significant petroleum assistance from Venezuela, and that has somewhat silenced them, and there’s been some divisions within the Caribbean. That said, I’m hopeful that in the coming months that as the situation deteriorates in Venezuela, and as that it becomes clear that the dialog cannot be successful unless there is more pressure. And I think there needs to be three forms of pressure: There needs to be domestic mobilization within Venezuela, in the form of protests. I think there needs to be additional sanctions applied by the United States to other countries. And I think there needs to be action within the OAS, including a threat of suspension of Venezuela from the organization if it does not comply with the Inter-American Democratic Charter. 41:50 Senator Bob Menendez: Venezuela’s state-owned oil company, PDVSA, and its subsidiary, Citgo, which has energy infrastructure in the United States, are under extreme financial pressure and may not be able to pay their bills in the near future. Under a recent deal, 49.9% of Citgo was mortgaged to Rosneft, the Russian government-owned oil company run by Vladimir Putin’s crony Igor Sechin. It’s also possible that Rosneft acquired other PDVSA bonds on the open market that could bring their ownership potential to over 50%. If Citgo defaults on its debts, Rosneft, an entity currently under American sanctions because of Russia’s belligerent behavior, could come to own a majority stake in strategic U.S. energy infrastructure, including three refineries and several pipelines. Given the close ties between Rosneft and Putin, Putin’s interest in undermining the United States, and Putin’s willingness to use energy as a weapon, does this potential deal concern you should a sanctioned Russian company have control over critical U.S. energy infrastructure? I would hate to see Rosneft be the sign hanging over Fenway Park. 44:50 Senator Bob Menendez: They’re— Unknown Speaker: No, I didn’t take it that way. Sen. Menendez: —just to the administration, because I think we can chew and walk gum—I know that my dear colleague, Senator Young, had a comment for me last week. I wish he was here—we can chew and walk gum, you know, and walk at the same time, which means as we’re going through cabinet officials, doesn’t mean we couldn’t get nominations that this committee, on a bipartisan basis, is generally processed very quickly. 49:50 Senator Marco Rubio: On the USAID piece, there’s a reason why we’re not in there: they don’t let us. The Venezuelan government does not allow open aid because they deny that there’s an emergency. *51:00 Mark Feierstein: As I noted before, I think we are better positioned now than we were a couple years ago because of changes in certain governments in the region, as we talked about—Argentina, Peru, Brazil, and others. I believe that, again, in the coming months, I think that some of the—that there is an opportunity—there will be an opportunity to invoke the Charter to threaten the suspension of Venezuela from the organization. And, I guess—I noted what I think, you know, we need. We need three forms of pressure for the dialog to succeed. I agree with you: dialog has not succeeded. The government has used it to buy time, to defuse domestic protests, to keep the international community at bay. But if the opposition’s able to mobilize internally; if we’re able to apply additional sanctions, and ideally, multilateralize them; and if we’re able to mobilize countries in the OAS to invoke the Charter to threaten the suspension of Venezuela from the OAS; I think, then, there would be greater prospects for a positive outcome in Venezuela. 54:55 Senator Tom Udall: I didn’t vote in favor of increased sanctions against Venezuela (Ven-su-way-la). I thought then and I believe now they’re counterproductive and could lead to further entrenchment of the current Venezuelan (Ven-su-way-len) regime, and that’s exactly what happened. The Venezuelan (Ven-su-way-len) people, many who oppose the government, are suffering. They’re going without food, without medicine, without power, without the essentials. 55:40 Senator Tom Udall: Mr. Smilde, are you clear that taking a hardline approach to Venezuela (Ven-su-way-la) will likely lead to a Cubanization of our policies there? 56:11 Senator Tom Udall: As to Venezuela (Ven-su-way-la), can you outline what role you think the Foreign Relations Committee or others should take to encourage a multilateral effort to ensure that elections are held in 2018 and to prevent a Cubanization of policies in Venezuela (Ven-su-way-la)? 58:00 Senator Tom Udall: Dr. O’Neil, would you agree that in Venezuela (Ven-su-way-la) different factions now view the situation as a zero-sum game? 1:14:25 Shannon O’Neil: One thing that has in the past in Venezuela brought the opposition together is elections, right, is a mechanism that you’re pushing towards a particular goal. And so as we look forward for 2017, there’s a party-registration process that is about to begin, and there’s questions about who may or may not qualify there and if the National Electoral committee will actually play fair in that sense. That is something that you could rally together different groups if it’s seen unfair in terms of qualifications. And then we have pending elections that did not happen at the end of last year, regional elections that may or may not be put on the table. And so I think internally, a push for elections—because that is a constitutional mechanism for parties to participate in democracy—and perhaps outside as well, we can be pushing for these parts, even we know democracy is not existent there anymore, but can we push for elections, can we push, and that’s something, at least, to galvanize those that are not in power today. Video: Trump: "The war in Iraq was a BIG FAT MISTAKE", Youtube, February 15, 2016. Hearing: Deepening Political and Economic Crisis in Venezuela: Implications for U.S. Interests and the Western Hemisphere, Senate Foreign Relations Subcommittee, C-SPAN, March 17, 2015. Hearing: Assessing Venezuela's Political Crisis: Human Rights Violations and Beyond, Senate Foreign Relations Committee, C-SPAN May 8, 2014. White House Daily Briefing: Middle East Conflict and Coup in Venezuela, C-Span, April 16, 2002. State Dept Daily Briefing: Middle East Situation and Failed Coup in Venezuela, C-SPAN, April 15, 2002. Community Suggestions Podcast: The Corbett Report: NGOs Documentary: South of the Border ~ Hugo Chavez and the New Latin America Book: The Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today's Students by Allan Bloom FB Thread: Operation Regime Change - articles compiled by Ramesh Mantri See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)  

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Congressional Dish
CD172: The Illegal Bombing of Syria

Congressional Dish

Play Episode Listen Later Apr 29, 2018 153:54


On Friday the 13th of April, President Trump bombed the government of Syria… Again. In this episode, learn some of the little-discussed history of and reasons for the on-going attempts to overthrow the government of Syria. Please Support Congressional Dish Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD167: Combating Russia (NDAA 2018) LIVE Additional Reading Article: 'Obscene masquerade': Russia criticised over Douma chemical attack denial by Patrick Wintour, The Guardian, April 26, 2018. Article: Why does Syria still have chemical weapons? by Patrick Wintour, The Guardian, April 18, 2018. Report: Russia rejects UN resolution for independent Douma investigation, Aljazeera, April 18, 2018. Report: Pentagon warns of IS resurgence in regime areas of Syria, France24, April 17, 2018. Interview: Legal questions loom over Syria strikes, Interview by Jonathan Masters of John B. Bellinger III, Council on Foreign Relations, April 15, 2018. Letter: Text of a letter from the President to the Speaker of the House of Representatives and the President Pro Tempore of the Senate, April 15, 2018. Report: Trump bombs Syria hours after 88 lawmakers urged him to first consult Congress by Jennifer Bendery, Huffpost, April 13, 2018. Interview: What are U.S. Military options in Syria? Interview by Zachary Laub of Mona Yacoubian, Council on Foreign Relations, April 13, 2018. Report: Thousands of US troops and Marines arrive in Jordan by Shawn Snow, Marine Times, April 13, 2018. Report: Global chemical weapons watchdog 'on its way to Syria', Aljazeera News, April 12, 2018. Report: Pentagon strips Iraq, Afghanistan, Syria troop numbers from web by Tara Copp, Military Times, April 9, 2018. Press Release: Press release on Israeli air strikes in Syria, MFA Russia, February 20, 2018. Article: Kurds pull back from ISIS fight in Syria, saying U.S. 'let us down' by Liz Sly, The Washington Post, March 6, 2018. Report: US has no evidence of Syrian use of sarin gas, Mattis says by Robert Burns, AP News, February 2, 2018. Article: The pundits were wrong about Assad and the Islamic State. As usual, they're not willing to admit it by Max Abrahms and John Glaser, Los Angeles Times, December 10, 2017. Report: [Syria investigator del Ponte signs off with a sting](https://www.reuters.com/article/us-, mideast-crisis-syria-investigator/syria-investigator-del-ponte-signs-off-with-a-sting-idUSKCN1BT29Q) by Reuters Staff, Reuters, September 18, 2017. Article: Trump's red line by Seymour M. Hersh, Welt, June 25, 2017. Article: The 'Pipelineistan' conspiracy: The war in Syria has never been about gas by Paul Cochrane, Middle East Eye, May 10, 2017. Article: MIT expert claims latest chemical weapons attack in Syria was staged by Tareq Haddad, Yahoo, April 17, 2017. Report: MIT expert claims latest chemical weapons attack in Syria was staged by Tareq Haddad, International Business Times, Yahoo, April 17, 2017. Report: Dozens of U.S. missiles hit air base in Syria by Michael R. Gordon, Helene Cooper, and Michael D. Shear, The New York Times, April 6, 2017. Report: ISIS used chemical arms at least 52 times in Syria and Iraq, report says by Eric Schmitt, The New York Times, November 21, 2016. Article: How the White Helmets became international heroes while pushing U.S. Military intervention and regime change in Syria by Max Blumenthal, Alternet, October 2, 2016. Meetings Coverage: Security council unanimously adopts resolution 2254 (2015), endorsing road map for peace process in Syria, setting timetable for talks by UN Security Council, December 18, 2015. Article: How Syria's 'geeky' President Assad went from doctor to dictator by Sarah Burke, NBC News, October 30, 2015. Report: Declared Syrian chemical weapon stockpile now completely destroyed by Thomas Gibbons-Neff, The Washington Post, August 18, 2014. Article: Analysts question US intel on Syria chem attack, DW, January 18, 2014. Book Review: Whose Sarin? by Seymour M. Hersh, London Review of Books, December 19, 2013. Article: UN report says sarin likely used in five locations in Syria, DW, December 13, 2013. Article: Assad did not order Syria chemical weapons attack, says German press by Simon Tisdall and Josie Le Blond, The Guardian, September 9, 2013. Article: Cameron forced rule out British attack on Syria after MPs reject motion by Nicholas Watt and Nick Hopkins, The Guardian, August 29, 2013. Article: Spooks' view on Syria: what wikileaks revealed by Alex Thomson, Channel 4, August 28, 2013. Article: Obama weighs 'limited' strikes against Syrian forces by Thom Shanker, C.J. Chivers, and Michael R. Gordon, The New York Times, August 27, 2013. Report: Moscow rejects Saudi offer to drop Assad for arms deal by Agence France-Presse, Hurriyet Daily News, August 8, 2013. Analysis: UN's Del Ponte says evidence Syria rebels 'used sarin' by Bridget Kendall, BBC News, May 6, 2013. Report: Syrian rebels used nerve gas, UN investigator says by TOI Staff, Times of Israel, May 6, 2013. Report: UN sources say Syrian rebels - not Assad - used sarin gas by Adam Clark Estes, The Atlantic, May 5, 2013. Report: U.N. has testimony that Syrian rebels used sarin gas: investigator by Reuters Staff, Reuters, May 5, 2013. Letter: Text of White House letter on Syria to senators by The Associated Press, The Seattle Times, April 25, 2013. Article: How economic reforms are contributing to the conflict in Syria by Rodrigo Abd, NPR, May 29, 2012. Article: The only remaining online copy of Vogue's Asma al-Assad profile by Max Fisher, The Atlantic, January 3, 2012. Report: IMF gives Syria high grade for economic reform by Stephen Glain, The National, January 6, 2009. Report: REFILE-LIberalised Syria banks "on sound track" by Reuters Staff, Reuters, May 26, 2008. Article: The redirection: Is the Administration's new policy benefitting our enemies in the war on terrorism? by Seymour M. Hersh, The New Yorker, March 5, 2007. Article: Syrian Arab Republic -- IMF article IV consultation, mission's concluding statement, International Monetary Fund, May 14, 2006. Report: Investigator says Syria was behind Lebanon assassination by Warren Hoge, The New York Times, December 12, 2005. Article: Reform hinges on Syria's leader by Evan Osnos, Chicago Tribune, April 22, 2005. Resources Congressional Research Service: Armed Conflict in Syria: Overview and U.S. Response Council on Foreign Relations: Syria's War: The Descent into Horror by Zachary Laub Country Reports on Terrorism: Chapter 6 -- State Sponsors of Terror Overview Gov. Publishing Office: Counter-ISIS Training and Equipment Fund IMF Working Paper: Syria's Conflict Economy by Jeanne Gobat and Kristina Kostial Pipeline Report: Arab Gas Pipeline (AGP), Jordan, Syria, Lebanon Public Law: 9/11 AUMF Public Law: Iraq War AUMF Scientific Advisory Board: OPCW 27th Session March 23, 2018 Wikileaks Tweet on OPCW UN News: Action Group for Syria Final Communique June 30, 2012 UN Security Council Report: Goal in Syria Sound Clip Sources Hearing: US Policy Toward Middle East; House Foreign Affairs Committee; April 18, 2018. Witnesses: -David Satterfield - Principal Deputy Assistant Secretary of State - Bureau of Near Eastern Affairs - Wess Mitchell - Assistant Secretary of State of European and Eurasian Affairs 15:25 David Satterfield: While preventing the use of chemical weapons in Syria is our immediate concern, the administration’s priority remains the defeat of ISIS. ISIS has lost nearly all of the territory it once controlled in Iraq and Syria, but the fight in Syria still has to be pursued to its conclusion. More broadly, the United States supports a unified and territorially whole Syria. This objective is served by U.S. support for the UN-led Geneva political process, established by UN Security Council Resolution 2254, in which process the U.S. believes strongly that representatives of all Syrians, including all its Kurdish components, should fully participate. 16:30 David Satterfield: The Iraqi government is stabilizing communities, including minority communities that suffered greatly from ISIS, and now we’re beginning private-sector-led, investment-driven reconstruction. 34:15 Representative Eliot Engel (NY): To me, ISIS is one prong of something, an important prong, but one prong of what we should be doing. I really think to rid Syria of the butcher Assad ought to be as important as our ISIS concerns. David Satterfield: I strongly agree with you that a Syria in which Assad remains as leader of this regime is not a Syria which we would predict to be meaningfully secure or stable, or not a source of generation of threat and violent extremism under whatever name in the future, and it’s why we have strongly supported a political process led by the UN. Unfortunately, that political process has been blocked, and the parties responsible for blocking it are quite clear: it’s the Syrian regime itself and the Russians, who through their absence of pressure on the regime in Damascus contributes to, enables this freezing of a Geneva process which, virtually, the entire international community supports. Engel: And through the veto in the United Nations. Satterfield: Exactly, sir. 1:02:20 Representative Dana Rohrabacher: What is our purpose in Syria? Will we accept anything less than—would we accept a compromise that would keep Assad in power, at least in part of Syria, or is our goal and our purpose only to totally eliminate the Assad government? David Satterfield: Mr. Rohrabacher, our purpose of our forces in Syria, as Secretary Mattis, Chairman Dunford have stated repeatedly, is to defeat ISIS. The purpose of our diplomacy, of our international engagement, with respect to Syria, is to support a political process, which at its end has a revised constitution, elections conducted under the auspices of the United Nations. And our belief is that those elections, if freely and fairly conducted amongst all Syrians, including the émigré Syrian communities, would not produce the survival of the Assad regime. Rohrabacher: Okay, let me just note, what you described wasn’t just Syria, but probably three-quarters of the countries of the Middle East. And if we made those demands of—why is it that Syria, we have to make those demands against Syria and not against all these other countries in the Middle East? Satterfield: Because, sir, of the extraordinary depredations of this regime in this country against its citizens, because of the extraordinary and historically unprecedented, in modern times, outflow of— Rohrabacher: You don’t think the rest of the countries in the Middle East have similar track records? You’re trying to tell me that—well, we heard the same thing, of course, about Saddam Hussein, we heard the same thing about Gaddafi, and we ended up creating total chaos—total chaos—in that part of the world. Satterfield: No regime in modern history in the Middle East, including Saddam Hussein’s— Rohrabacher: Yes. Satterfield: —has killed as many of its own citizens, has produced external and internal displacement of its own citizens on the scale of the Assad regime. No. It’s unique, sadly. Rohrabacher: Well, let me just say, Mr. Ambassador, you read history differently than I do. That is an area that is filled with dictators, it’s filled with authoritarian regimes, filled with our allies, that if people rose up against them as they’re rising up against Assad—he’s a bad guy, he’s a dictator, he’s everything you said, but he’s not that different from these other regimes once they are challenged. Once they were challenged, don’t tell me the Qatar government wouldn’t mow down all of their guest workers if there was an uprising in Qatar, and vice versa with these other regimes. I’m very disturbed by the fact that we’re sliding into a war and not having an out that will not lead us to major military commitments to that region. That would be a disaster, and I think it’s based on the analysis that you just said: that Assad is somewhat different than everybody else. I don’t think so. News: Rand Paul Says Syrian Gas Attack was False Flag, or Assad is Dumbest Dictator on the Planet; CNN News; April 17, 2018. Meeting: U.N. Security Council on Airstrikes in Syria; U.N. Security Council; April 14, 2018. Testimony: Secretary Mattis and General Dunford on 2019 Budget Request; House Armed Services Committee; April 12, 2018. Witnesses: - James Mattis - Secretary of Defense - General Joseph F. Dunford Jr. - Chair of the Joint Chiefs of Staff 41:42 Secretary of Defense James Mattis: On Syria, sir, both the last administration and this one made very clear that our role in Syria is the defeat of ISIS. We are not going to engage in the civil war itself. Now, you can look back to a year ago when we did fire missiles into Syria, unrelated to ISIS, and that was, of course, the use of chemical weapons. And some things are simply inexcusable, beyond the pale, and in the worst interest of not just the Chemical Weapons Convention but of civilization itself. 42:48 Secretary of Defense James Mattis: And the only reason Assad is still in power is because of the Russians’ regrettable vetoes in the UN, and the Russian and Iranian military. So, how do we deal with this very complex situation? First of all, we are committed to ending that war though the Geneva process, the UN orchestrated effort. It has been unfulfilled because, again, Russia has continually blocked the efforts. 50:10 Representative Niki Tsongas (MA): So as you’re considering possible steps forward—military actions you might take— what do you hope to achieve by any military action that the administration might eventually decide to take? Secretary of Defense James Mattis: Congresswoman, I don’t want to get, as you’ll understand, into the details of a potential decision by the commander in chief, due to this latest attack, which is absolutely inexcusable. There have been a number of these attacks. In many cases, you know we don’t have troops. We’re not engaged on the ground there, so I cannot tell you that we had evidence, even though we certainly had a lot of media and social-media indicators that either chlorine or sarin were used. As far as our current situation, if, like last time, we decide we have to take military action in regard to this chemical weapons attack, then, like last time, we will be reporting to Congress just as we did when we fired a little over a year ago, slightly over a year ago. As far as the counter violent extremists, counter ISIS— Tsongas: So, let me go back to this. So, before taking any action, you would report to Congress as to the nature of what that action might be. Mattis: I will speak only to the fact that we will report to Congress. We’ll keep open lines of communication. There will be notification to the leadership, of course, prior to the attack. But we’ll give a full report to the Congress itself, probably as rapidly as possible. 54:05 Secretary of Defense James Mattis: I believe there was a chemical attack, and we’re looking for the actual evidence. The OPCW—this is the organization for the Chemical Weapons Convention—we’re trying to get those inspectors in, probably within the week. 1:00:42 Representative Jackie Speier (CA): Mr. Secretary, a Military Times article this week revealed that the Defense Manpower Data Center failed to report the number of combat troops deployed in Iraq, Syria, and Afghanistan last quarter. That website was also stripped of deployment data from previous quarters. I’m very concerned about that. I think that there’s no combat advantage to obfuscating the number of U.S. service members that were in these countries three months ago, and, furthermore, the American public has a right to know. Do you intend to restore that information to the website? Secretary of Defense James Mattis: I’ll look at it, Congresswoman. As you know, we keep the Congress fully informed, right down to every week. We can update you on exactly the numbers in each case, and we do maintain some degree of confidentiality over the number of troops engaged against enemies in the field. So, I’ll have to look at it. But we will not, of course, ever keep those numbers away from members of Congress, for your oversight. Speier: Well, I know, but this has been an ongoing website that’s provided this information to the public, and all of a sudden, the last quarter, it’s not posted, and they’ve sweeped away all the data for previous quarters. So, it would suggest to, I think, the public and to members of this Congress that you are no longer going to make that information available, and I think the public has a right to know. Mattis: I see. When I come in, ma’am, I don’t come in intending to hide things, but I would just ask, what would you do if you thought the enemy could take advantage of that kind of data, seeing trends at certain times of the year and what they can expect in the future? But I’ll certainly look at it. I share your conviction that the American people should know everything that doesn’t give the enemy an advantage. Speier: Thank you. I yield back. 1:18:09 Representative John Garamendi (CA): What is the legal authority—the precise legal authority—of the United States government to engage in military action in response to the chemical weapons use by the Assad regime? Secretary of Defense James Mattis: Right. I believe that authority’s under Article II. We have forces in the field, as you know, in Syria, and the use of chemical weapons in Syria is not something that we should assume that, well, because you didn’t use them on us this time, you wouldn’t use them on us next time. 1:28:35 Representative Tulsi Gabbard (HI): You know, the president has indicated recently his intention to launch U.S. military attacks against Syria. Article I of the Constitution gives Congress the sole power to declare war. Congress has not done so against the Syrian government. Section 3 of the War Powers Resolution requires the president to consult with Congress before introducing U.S. armed forces into situations of hostilities. Section 2 of the War Powers Resolution clarifies the constitutional powers of the president as commander in chief. In Article II, which you referenced, Secretary Mattis, to introduce forces into hostilities only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by an attack upon the U.S., its territories, possessions, or armed forces. Syria’s not declared war against the U.S. or threatened the U.S. The launch of 59 missiles against Syria by Trump last year was illegal and did not meet any of those criteria in the War Powers Resolution. The consolidated Appropriations Act of 2018, which was signed into law by President Trump, states that none of the funds made available by this Act may be used with respect to Syria in contravention of the War Powers Resolution, including for the introduction of U.S. armed military forces into hostilities in Syria. My question is, will the president uphold the Constitution, the War Powers Resolution, and comply with the law that he signed by obtaining authorization from Congress before launching U.S. military attacks against Syria? Secretary of Defense James Mattis: Congresswoman, we have not yet made any decision to launch military attacks into Syria. I think that when you look back at President Obama sending the U.S. troops into Syria at the time he did, he also had to deal with this type of situation, because we were going after a named terrorist group that was not actually named in the AUMF that put them in. This is a complex area, I’ll be the first to admit. Gabbard: It is simple, however, what the Constitution requires. So while you’re correct in saying the president has not yet made a decision, my question is, will he abide by the Constitution and comply with the law? Mattis: Yeah. I believe that the president will carry out his duties under the Constitution to protect the country. Interview: John Kerry - We Got All of the Chemical Weapons Out of Syria; CNN; April 9, 2018. Interview: John Kerry on Getting Chemical Weapons out of Syria, 2014; Meet the Press; April 9, 2018. Testimony: US Policy in Syria After ISIS; Senate Foreign Relations Committee; January 11, 2018. Witnesses: - David Satterfield - Acting Assistant Secretary of State for Near Eastern Affairs 13:45 David Satterfield: A stable Syria absolutely requires the departure of President Assad and his regime. They’ve inflicted suffering and countless deaths on the Syrian people, including use of chemical weapons. This regime is a magnet for terror. It is incapable of democratically leading the whole of Syria. We, our allies, have come to Russia with a path towards the Syrian political transition, towards a political solution, on many occasions, and we call on Russia again today to pressure the regime to work seriously towards a political resolution to this conflict. 14:37 Sen. Bob Corker (TN): We are now not demanding that Assad leave. Instead, as I understand it, we’re embracing the UN resolution as Putin has recently done. Is that correct? David Satterfield: That’s correct, Mr. Chairman. Corker: And that would mean that there would then be an election that would take place. Satterfield: There would be a constitutional reform and revision process, and then there would be an electoral process. That electoral process would be fully under UN monitoring and supervision. Corker: And is it true that—it’s my sense that people like you and others believe that if that process occurs as has been laid out and as supported right now by Russia, do you believe that the way Assad would go through a democratic election where he would lose? Satterfield: Mr. Chairman, we cannot conceive of a circumstance which a genuinely fair electoral process overseen by the UN, with participation of a Syrian displaced community, could lead to a result in which Assad remained at the helm. 21:20 David Satterfield: First step was the defeat of ISIS. As long as ISIS remained a potent fighting force in Syria, the bandwidth, the space to deal with these broader strategic challenges, including Iran and, of course, Assad and the regime, simply wasn’t there. But that bandwidth is being freed up now. With the UN process, with international support for a credible electoral and constitutional reform process, we see political transition in Syria as a potentially achievable goal. We don’t underestimate the challenges ahead. It’s going to be hard—very hard—to do. Assad will cling to power at almost every cost possible. But with respect to Iran, we will treat Iran in Syria and Iran’s enablement of Hezbollah as a separate strategic issue. How do you deal with it? You deal with it in all places that it manifests itself, which is not just Syria, but Iraq, Yemen, the Gulf, other areas where Iran’s maligned behaviors affect our and our allies’ national interests. Difficult challenge, but not impossible challenge, and it is one we are seized with right now, but having a politically transformed Syria will, in and of itself, be a mitigating and minimizing factor on Iran’s influence, and the opposite is also true. Satterfield: We are working on stabilization in the north and the northeast right now very successfully and with a minimum of U.S. physical presence. About 2,000 U.S. military and seven, soon to be 10, foreign service colleagues. This is a highly efficient operation, and it’s working on the ground. But those are only the first steps. The 2254 political process, the process that the entire international community of like-minded states has signed on to, is the key. It’s the key to addressing Assad and his departure; it is the key to resolving the question of foreign forces and Iranian influence. And what are our levers, what are our tools to move that forward? They are denial of legitimacy and authenticity to any claim of victory by the regime or its supporters in Moscow or Tehran, and the withholding of reconstruction funds, which are vital to the regime and we think Moscow’s interests over the long term. Those are potent levers. 48:58 Sen. Bob Corker: As I understand, the troops that are there, they’re not involved in combat. Is that correct? David Satterfield: Senator, there are still combat activities going on in the middle Euphrates valley. The campaign against the so-called Caliphate, that is, the territorially structured presence of ISIS, is not over yet. That campaign continues. The level of fighting has significantly diminished since the days of urban conflict in Mayadeen, Raqqa, Deir ez-Zor. But the fight goes on, and there is combat activity. Corker: But, most of their efforts are in support of those that are actually on the front lines. Satterfield: They are in facilitation of the SDF efforts, who have consistently carried this fight since the beginning. 49:47 Sen. Ron Johnson (OH): Reconstructing Syria’s going to cost somewhere in the order of 200 to 300 billion dollars. Is that…? David Satterfield: That’s a general international estimate, sir. Johnson: So, who has that kind of money? Satterfield: I can tell you who doesn’t: the Syrian regime, Moscow, and Tehran. Who does? The international community companies, international financial institutions. They’ve got the money collectively, but that money is not going to flow into a Syria which has not gone through a political transformation and transition. Hearing: Authorization for Use of Military Force; Senate Foreign Relations Committee; October 30, 2017. 2:55:15 Sen. Rob Portman (OH): Do you think there can be a lasting peace there as long as Assad is in power, and does the current AUMF give you the ability, General Mattis, to be able to deal with that issue if you think that has to be resolved? That might be one example. Rex Tillerson: Well, the current AUMF only authorizes our fight against ISIS in Syria, as I indicated in my remarks. We’re not there to fight the regime. There is no authority beyond the fight against ISIS. Therefore, we have to pursue a future Syria that’s kept whole and intact, and a process, which the UN Security Council process does provide a process by which, in our view, the Assad regime will step down from power. Breaking News: Brian Williams is Guided by the Beauty of Our Weapons in Syria Strikes; MSNBC; April 13, 2017. Breaking News: Zakaria: Trump Just Became President; CNN; April 7, 2017. Report: Hillary Clinton Discussed Rigging the Election in Leaked Audio; The Young Turks; November 1, 2016. Interview: Gen. Wesley Clark - 7 Countries in 5 Years; Democracy Now!; August 6, 2016. Hearing: U.S. Policy and Russian Involvement in Syria; House Foreign Affairs Committee; November 4, 2015. Witnesses: - Anne Patterson - Assistant Secretary of State - Victoria Nuland - Assistant Secretary of State Statement: Situation in Syria; Secretary of State Clinton calls on Assad to resign Interview: 100% Syria Have No Chemical Weapon, John Kerry; Charlie Rose; March 10, 2014. Debate: British House of Commons Debate on Syria; House of Commons; August 29, 2013. Press Briefing: US President Barack Obama in 'red line' warning to Syria over Chemical Weapons; Telegraph; August 21, 2012. Testimony: US Policy Toward Syria; House International Relations Committee; September 16, 2003. Speech: Democracy in Iraq; George Bush; February 26, 2003. Witnesses: - John Bolton - then Undersecretary at the Department of State for Arms Control, current National Security Advisor 53:12 Former Representative Gary Ackerman (NY): Are we talking about regime change in Syria if they do not voluntarily rid themselves of whatever it is we’re saying they have or do that threatens our national security? John Bolton: Mr. Ackerman, as the president has made clear and as we are directed, our preference is to solve these problems by peaceful and diplomatic means. But the president has also been very clear that we’re not taking any options off the table. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)  

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Congressional Dish
CD171: 2,232 Pages

Congressional Dish

Play Episode Listen Later Apr 14, 2018 120:56


In a special crossover episode of The David Pakman Show on YouTube, hear the infuriating story of how the 2,232 page “omnibus” government funding bill became law , discover a provision snuck into law that further erodes privacy rights, learn why only some stoners and legit medical marijuana patients are protected by the omnibus, and hear about some strange provisions that appear to give free reign to the intelligence agencies for the next six months. Please Support Congressional Dish Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Listening The David Pakman Show: Budget Disaster: When Congress Can't Do It's Job - Jen guest hosting for David OR listen on Libsyn Additional Reading Article: How will the CLOUD Act work? by Lauren C. Williams, FCW, April 5, 2018. Article: Members literally don't have enough time to read some bills before a vote is held. This change would require they do by Jesse Rifkin, GovTrack Insider, March 29, 2018. Article: Two more wildfire seasons will pass before deal to fix federal funding kicks in by Kate Irby, McClatchy DC, March 27, 2018. Article: Sen. James Risch's decades-old grudge briefly derailed the big spending bill by Mike DeBonis, The Washington Post, March 23, 2018. Article: Trump signs $1.3 trillion spending bill despite veto threat on Twitter by John Wagner and Mike DeBonis, The Washington Post, March 23, 2018. Article: As the CLOUD Act sneaks into the omnibus, big tech butts heads with privacy advocates by Taylor Hatmaker, Tech Crunch, March 22, 2018. Press Release: Goodlatte statement on inclusion of CLOUD Act in Omnibus, House Judiciary Committee, March 22, 2018. Article: READ: House releases 2,232-page spending bill by The Hill Staff, The Hill, March 21, 2018. Article: Congresional negotiators reach deal on $1.3 trillion spending bill ahead of Friday government shutdown deadline by Mike DeBonis and Erica Werner, The Washington Post, March 21, 2018. Article: Microsoft's supreme court case has big implications for data by Louise Matsakis, Wired, February 27, 2018. Article: Military injuries and deaths off the battlefield are increasing by Erika I. Ritchie, Military.com, October 15, 2017. Article: Mattis: Unclear if budget cuts play role in military crashes by Lolita C. Baldor, Military.com, September 19, 2017. Article: Five Marines in critical condition after AAV catches fire by Hope Hodge Seck, Military.com, September 13, 2017. Article: Legal battle haunts MOX project 10 years later by Michael Smith, Aiken Standard, August 2, 2017. Article: Project Maven to deploy computer algorithms to war zone by year's end by Cheryl Pellerin, Department of Defense, July 21, 2017. Article: Israeli air force deploys operational Arrow-3 missile defense by Barbara Opall-Rome, Defense News, January 18, 2017. Article: Pentagon's black budget tops $56 billion by Noah Shachtman, Wired, February 1, 2010. Issue: Into the black, The Atlantic, September 2002 Bill Outline H.R. 1625: Consolidated Appropriations Act, 2018   DIVISION B - Commerce, Justice, Science, and Related Agencies Commerce, Justice, Science, and Related Agencies Explanatory Statement Sec. 521: Money appropriated by this Act for intelligence activities are "deemed to be specifically authorized by Congress "during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018". Sec. 537: "None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana." DIVISION C - Department of Defense Sec. 8018: Prohibits the Department of Defense from disposing of M-1 Carbine rifles, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 pistols or to destroy ammunition that is allowed to be commercially sold. Sec. 8071: Over $705 million will be spent on missile defense for Israel, with requirements that $420 million of that be shared with U.S. war equipment manufacturers, including at least $120 million to be shared with Boeing for the Arrow 3 Upper Tier system. Sec. 8073: Money appropriated by this Act for intelligence activities are "deemed to be specifically authorized by the Congress" during fiscal year 2018 until the enactment of the Intelligence Authorization Act for Fiscal Year 2018. Sec. 8107: Allows local military commanders - if the Defense Secretary creates regulations allowing it - to provide payments to people for damage, injuries, and deaths caused by the Armed Forces. Sec. 8115:: Prohibits the Defense Department from initiating or expanding support to foreign forces, irregular forces, groups, or individuals without informing Congress 15 days in advance, but the Defense Secretary can waive this and tell Congress within 72 hours. Sec. 8119: Military and civilian employees of the Defense Department can't use their Government Travel Charge Card on gambling or strippers. AFGHANISTAN SECURITY FORCES FUND - $4.666 billion will be provided to the "security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding." COUNTER-ISIS TRAIN AND EQUIP FUND - $1.769 billion will be provided for "assistance, including training; equipment; logistics support, supplies, and services; stipends; infrastructure repair and renovation; and sustainment, to foreign security forces, irregular forces, groups, or individuals participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria, and their affiliated or associated groups" - The money can also be used to "enhance the border security of nations adjacent to conflict areas including Jordan, Lebanon, Egypt, and Tunisia." Sec. 9007: Prohibits the US Government from creating any permanent military bases in Iraq or Afghanistan or from exercising "United States control over any oil resource of Iraq." Sec. 9011: Allows $500 million to be given to Jordan "to support the armed forces of Jordan and to enhance security along its borders." Sec. 9013: Provides $200 million for the Ukraine Security Assistance Initiative to "provide assistance , including training; equipment; lethal weapons of a defensive nature; logistics support, supplies and services; sustainment; and intelligence support to the military and national security forces of Ukraine, and for replacement of any weapons or defensive articles provided to the Government of Ukraine from the inventory of the United States" Sec. 9022: Allows the money in the Afghanistan Security Forces fund to be used to provide training, equipment, and "other assistance" that is legally prohibited because the "Secretary of Defense has credible information that he unit has committed a gross violation of human rights." . This is allowed as long as the Defense Secretary notifies Congress within 30 days. Defense Explanatory Statement Provides over $131 million ($100 million more than requested ) for Project Maven Classified appropriations total $46,659,168,000, which is $2.3 billion more than requested. DIVISION D - Energy and Water Development and Related Agencies Sec. 108: Prohibits permits from being required for the release of dredged or mill material from farming, ranching, construction and maintenance of dikes, dams, levees, and "transportation structures", construction or maintenance of farm or stock ponds or irrigation ditches, construction of farm roads or forest roads, or for temporary roads for moving mining equipment. Sec. 302:: Money appropriated for intelligence "by this or any other Act" are "deemed to be specifically authorized by the Congress" for ["intelligence or intelligence-related activity](http://uscode.house.gov/view.xhtml?req=(title:50%20section:3094%20edition:prelim) for the rest of fiscal year 2018 (until September 30, 2018) or until the enactment of the Intelligence Authorization Act for fiscal year 2018. Sec. 306: Prohibits the Secretary of Energy from creating any new regional petroleum reserve unless the "reserve is explicitly requested in advance in an annual budget submission and approved by the Congress in an appropriations Act." Sec. 309: Allows money to be used for the construction of the 99-D-143 Mixed Oxide Fuel Fabrication Facility in South Carolina. Sec. 311: Allows the Secretary of Energy to sell oil from the Strategic Petroleum Reserve if the President determines that a regional supply shortage exists and there will be severe increase in the price of oil. Energy and Water Development and Related Agencies Explanatory Statement Funding Levels by Energy Type Geothermal Energy: $80 million Wind Energy: $92 million Water Power: $105 million Solar Energy: $241 million Total Renewable Energy = $2.3 billion (Trump administration requested only $636 million) Fossil Fuel Energy Unconventional fossil fuels: $40 million Natural Gas: $50 million Coal: $481 million Fossil Fuels: $726 million Nuclear Energy: Over $1.2 billion DIVISION F - Department of Homeland Security Department of Homeland Security Explanatory Statement Sec. 506: Money appropriated by this Act for intelligence activities are "deemed to be specifically authorized by the Congress" during fiscal year 2018 until the enactment of the Intelligence Authorization Act for Fiscal Year 2018. DIVISION G - Department of the Interior, Environment, and Related Agencies Sec. 113: Allows the Secretary of the Interior to remove wild horses and burros from public land and transfer them to other governmental agencies to be used a work animals. Sec. 120: Prohibits the Secretary of the Interior from protecting the sage grouse using the Endangered Species Act Sec. 121: Enacts several provisions and full bills into law, including a bill that renames the White Clouds Wilderness in Idaho after Cecil D. Andrus. Sec. 416: Prohibits money from this or "any other Act" from being used to implement any regulation requiring permits for livestock producers to emit carbon dioxide, nitrous oxide, water vapor, or methane. Sec. 417: Prohibits money from being used to implement any regulation requiring mandatory reporting of greenhouse gas emissions from manure management systems. Sec. 418: Prohibits money from being used to regulate the lead content of ammunition or fishing tackle. Sec. 432: Prohibits permits from being required for the release of dredged or mill material from farming, ranching, construction and maintenance of dikes, dams, levees, and "transportation structures", construction or maintenance of farm or stock ponds or irrigation ditches, construction of farm roads or forest roads, or for temporary roads for moving mining equipment (this provision was also in Division D) Department of the Interior, Environment, and Related Agencies Explanatory Statement DIVISION R - TARGET Act Sec. 3: Adds human trafficking to the definition of “transnational organized crime” in order to allow the State Department to pay snitches. - Current law allows the State Department to appropriate "such amounts as many be necessary" - Payments are capped at $25 million except as personally authorized by the Secretary of State. The cap is $50 million for information leading to the capture of a leader of a foreign terrorist organization. - Payments under $100,000 do not need approval from the Secretary of State. - The decisions made by the Secretary of States are final and can not be reviewed by the courts. - The original law from 1984 allowed payments capped at $500,000. Payments over $100,000 had to be approved by the President. DIVISION S - Other Matters Title V: Stop School Violence Act Sec. 502: Provides grants to States, local governments, and Indian tribes to train school personnel and students to prevent school violence, develop and operate systems for anonymous reporting of threats (including apps, hotlines, and websites), placement of metal detectors, locks and lighting, and new technologies and "any other measure" that "may provide significant improvement in security". Authorizes $75 million in funding for 2018 and $100 million per year from 2019-2028. Title VI: Fix NICS ACT Other Matters Explanatory Statement DIVISION V - Cloud Act Sec 103: Requires that providers of electronic communication services "preserve, backup, or disclose the contents of a wire or electronic communication" regardless of if that information is stored inside or outside of the United States. - Service providers can challenge the orders in court if they think the target is not a United States person and does not live in the United States and that the disclosure would break the law of a foreign government. Sec. 104: It will be legal for electronic communication providers "to intercept or disclose the contents of a wire or electronic communication in response to an order from a foreign government". - Electronic communications providers can not be sued in court for complying with these information requests. Sec. 105: In order for information sharing to occur between the US Government and a foreign government, the countries must enter into an "Executive Agreement" - The Executive Agreement will be valid if the Attorney General submits a written certification to Congress that the country has, among other qualifications, "robust substantial and procedural protections for privacy and civil liberties" and is a party to the Convention on Cybercrime. - Determinations made by the Attorney General are not subject to judicial review. - The Executive Arrangement can not take effect until after 180 days after Congress is notified. - Congress can enact a joint resolution of disapproval to stop it. - An order issued by a foreign government has to identify a specific person, account, address, or personal device and the order must be for a fixed, limited duration. Orders by foreign governments are subject to review by our courts. Resources Bill Overview: H.R. 1625 - Consolidated Appropriations Act, 2018 Bill History: Consolidated Appropriations Act, 2018, Congress.gov Bill Summary: Omnibus 2018 Summary by GOP Staffers Bill Summary: H.R. 1625, Targeted Rewards for the Global Eradication of Human Trafficking Act, Congressional Budget Office, May 10, 2017 Amendment: Senate amendment to H.R. 1625 Video: Sen. Bob Corker is Sleepy, H.R. 1625 Senate Committee Hearing, March 22, 2018. Hearing: Rules Committee Hearing Senate amendment to H.R. 1625, March 21, 2018. OR watch on Youtube Video: Intelligence Blank Check, US Select Committee on Intelligence, Jan 22, 2018 Sales Info: Sales & Services, Civilian Marksmanship Program, 2017. Budget Info: Budget Justification for Military Construction, FY 2018. Budget Info: Link Plumeria funding from 2015 Public Law: 115-31 115th Congress, May 5, 2017 Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

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Congressional Dish
CD165: Christmas Dingleberries

Congressional Dish

Play Episode Listen Later Jan 12, 2018 113:05


  Right before Christmas, the government was temporarily funded for the fourth time this fiscal year, but this latest funding law came with a few surprises. In this episode, a feisty Jen outlines the law to expose a favor to the war industry, damage to the Affordable Care Act, a bad sign for the Children’s Health Insurance Program, a giant loophole that paved the way for a new mountain of government debt, and more. You’ll also learn about an “uncontroversial” bill that reduces accountability for foreign fighters who abuse women and that showers literal gifts upon a secretive Drug War commission. But it’s not all bad news! There’s also a reason for hope. Recommended Congressional Dish Episodes CD161: Veterans Choice Program Please Support Congressional Dish Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Register for Podfest: Pay It Forward Bills H.R. 1370: Continuing Appropriations Act, Department of Defense Missile Defeat and Defense Enhancements Appropriations Act, CHIP and Public Health Funding Extension Act, 2018 Division A Section 1001: Extends 2017 funding levels until January 19, 2018 Section 1002: Delays the repeal of FISA warrantless spying authorities until January 19, 2018. Division B Title I: Missile Defeat and Defense Enhancements Appropriates over $3.8 billion for emergency ballistic missile equipment and research. Title II: Missile Construction Enhancements Appropriates $200 million, available until September 30, 2022 to construct an emergency missile field in Alaska Title III: General Provisions Section 2001: Clarifies that the money in this law for the Department of Defense will be in addition to the money it will be appropriated for 2018. Section 2002: For the extra money given to the military in this law, this section creates an exception to the rule that says that no new projects can be started with it. Section 2003: Clarifies that this money is being appropriated as an emergency requirement. Division C: Health Provisions Title I:: Public Health Extenders Section 3101: Appropriates $550 million for community health centers and $65 million for the National Health Service Corps for the first half of 2018 Section 3102: Appropriates $37.5 million for a program for type I diabetes for the first half of 2018 Section 3103:: Cuts [the authorization for the Prevention and Public Health Fund](http://uscode.house.gov/view.xhtml?req=(title:42%20section:300u-11%20edition:prelim) - 2019: Authorization decreases from $900 million to $800 million (was originally supposed to be $2 billion annually) - 2020 & 2021: Authorization decreases from $1 billion to $800 million - 2022: Authorization decreases from $1.5 billion to $1.25 billion. Title II: Children's Health Insurance Program (CHIP) Section 3201: Appropriates $2.85 billion for the Children's Health Insurance Program through March 31, 2018, which is a cut from previous appropriations. Division D: VA Choice Section 4001: Appropriates an additional $2.1 billion for the Veteran's Choice Program. Division E: Budgetary Effects Section 5001: The budgetary effects of the money for CHIP and VA Choice on the PAYGO scorecard will not be counted. Section 5002: The effects of the tax bill (the "Reconciliation Act" authorized by H. Con. Res. 71) will not be considered in the PAYGO budget. S.371: Department of State Authorities Act, Fiscal Year 2017, Improvements Act   Section 2: Orders a bunch of foreign policy related reports to be given to the Appropriations Committees in the House and the Senate. Section 3: Changes the original law signed in December 2016 to remove the requirement for "swift and effective disciplinary action against" police or troops of UN countries who sexually exploit or abuse people during their peacekeeping missions. In it's place, the requirement will be that the countries will have to "appropriately hold accountable" their personnel, which is left undefined. Section 10: Allows members of the Western Hemisphere Drug Policy Commission to "solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of carrying out any duty, power, or authority of the Commission." Additional Reading Article: Retirements of veteran Republicans fuel GOP fears of losing House majority by Mike DeBonis, The Washington Post, January 10, 2018. Article: Drug policy: Our unfinished business in the Americas by Reps. Eliot L. Engel and Matt Salmon, Huffington Post Report: Congress rushes Pentagon $4b for missile defense improvements by Marcus Weisgerber, Defense One, December 22, 2017. Report: House, Senate pass CR with emergency funding for missile defense, Navy ship repair by Justin Doubleday, Inside Defense, December 21, 2017. Article: Collision-damaged USS McCain arrives at Yokosuka for repairs by Leon Cook, Stars and Stripes, December 13, 2017. Article: USS Fitzgerald departs Yokosuka for Mississippi from U.S. 7th Fleet Public Affairs, America's Navy, December 8, 2017. Article: Could the U.S. actually shoot down a North Korean missile? by Larlsa Epatko, PBS, November 28, 2017. Article: Trump administration proposes $2.1 billion expansion of Fort Greely missile-defense base by Tim Ellis, AlaskaPublic.org, November 14, 2017. Press Release: AK delegation applauds major missile defense increase in Trump administration's budget request by Matt Shuckerow, DonYoung.house.gov, November 6, 2017. Report: Counternarcotics: Overview of U.S. efforts in the western hemisphere, U.S. Governtment Accountability Office, October 13, 2017. Article: Fort Greely stands firm in face of North Korean threat by Sean Kimmons, Department of Defense, October 11, 2017. Article: Doomsday Deflector: What is the THAAD missile system, where is the US program deployed and how does it work? by Patrick Knox, The Sun, September 4, 2017. News Report: Hudson Institute congratulates John Walters on congressional appointment to Western Hemisphere Drug Policy Commission by Hudson Institute, PR Newswire, June 29, 2017. Article: There's a flaw in the homeland missile defense system. The Pentagon sees no need to fix it by David Willman, The LA Times, February 26, 2017. Press Release: Engel measure to reassess drug policy headed to president's desk, Committee on Foreign Affairs, December 10, 2016. Article: The US government is literally arming the world, and nobody's even talking about it by William D. Hartung, Mother Jones, July 30, 2016. Article: U.S. missile defense system is 'simply unable to protect public,' report says by David Willman, The LA Times, July 14, 2016. Article: A test of America's homeland missile defense system found a problem. Why did the Pentagon call it a success? by David William, The LA Times, July 6, 2017. Report: Standard Missile-3 by Zach Berger, Missile Defense Advocacy, June 2017. Article: 'Double down' in fight against opioid abuse by Mary Bono, USA Today, March 6, 2017. Report: Assessment of DOD's reports on status of efforts and options for improving homeland missile defense, U.S. Government Accountability Office, February 17, 2016. Article: Bring back the war on drugs by William Bennett and John P. Walters, Boston Globe, September 9, 2015 Report: Fort Greely to get $50 million toward missile defense system by The Associated Press, Army Times, December 16, 2014. Article: Does missile defense actually work? by Roger A. Mola, Airspacemag.com, April 9, 2013. Resources Budget of the U.S. Government: Fiscal Year 2018 Department of Defense: Budget Amendment Fiscal Year 2018 Department of Defense: FY 2018 Budget Amendment Department of Defense: Military Installations Overview Fort Greely, Alaska Department of the Navy: FY 2018 Emergency Contingency Operations Amendments OpenSecrets.org: Boeing Co. Client Profile 2017 OpenSecrets.org: Faegre Baker Daniels Consulting Profile 2017 OpenSecrets.org: Raytheon Co. Client Profile 2017 Twitter Post @JordanUhl: Members of Congress Not Seeking Reelection Visual References Boeing Co Stock Summary Sound Clip Sources Hearing: U.S. Defense Strategy in South Asia; House Committee on Armed Services; October 3, 2017 C-Span Video Witnesses: - Joseph F. Dunford Jr. - James N. Mattis 57:25 James Mattis: I think the most important thing is that we get budget predictability and certainty, because without that, we cannot take the—adjust our forces and get predictability into our budgets that permits us to gain the best bang for the buck, to put it bluntly. We’re going into the ninth year with a continuing resolution. As you know, I cannot make new starts under that, even if the cyber domain or the space domain require that we do new things we’ve not had to do before to maintain our competitive edge. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Irenicast - A Progressive Christian Podcast
The Sovereignty of God - Potter, Puppet Master of Patron? - 107

Irenicast - A Progressive Christian Podcast

Play Episode Listen Later Dec 5, 2017 58:51


The sovereignty of God can bring with it a lot of questions and/or baggage depending upon your religious context.  Is God in control?  What is God’s will for our lives?  Is history already determined?  This week Allen and Jeff discuss how their answers to these questions have changed for them over the years and what that has meant for their lives and spirituality. Conversation on the Sovereignty of God (00:37) Wacky News Segment (43:18) RELEVANT LINKS From Our Sovereignty of God Conversation Decision Making and the Will of God by Garry Friesen and J. Robin Maxson (Book - Amazon Affiliate Link) Divine Concurrence (Theological Term) Calvinism (Theological Term) Hammurabi (6th king of the First Babylonian Dynasty) Code of Hammurabi (Babylonian Code of Law) Wolfhart Pannenberg (Theologian) Process Theology (Theological Term) Alfred North Whitehead (Theologian) Theology for the Community of God by Stanley J. Grenz (Book - Amazon Affiliate Link) Open Theism (Theological Term) Numbers 22 (CEB) - The Story of Balaam Daniel 4 (CEB) - Nebuchadnezzar's Animal Transformation Donnie Darko (2001 Film - Amazon Affiliate Link) From Our Wacky News Segment   At a Navajo veterans' event, Trump makes 'Pocahontas' crack (Article) Trump's latest tweetstorm called Kim Jong Un “short and fat” (Article) “Dog Tamagotchi” - Super Deluxe English firefighters saved some piglets from a blaze; then they ate them as sausages (Article)   Used Car Commercial (YouTube Video) It’s Time To Rename Fire Ants ‘Spicy Boys’ (Article) David Beckham (Soccer Player)     YOUR SUPPORT Thank you for listening to Irenicast.  If you appreciate the show please consider sharing your appreciation by rating, reviewing and/or subscribing to the podcast on iTunes, Google Play, Stitcher, or whatever platform you’re listening on. You can also help support the show financially by going to irenicast.com/amazon to do your Amazon shopping.  This will cost you nothing, but Amazon will give a portion of the proceeds to the show. IRENCAST HOSTS Jeff Manildi | co-host and producer | jeff@irenicast.com Jeff is the husband to an incredibly strong woman and father of two captivating young ladies.  He is currently the Director of Discipleship at a United Methodist church on the central coast of California.  In addition to getting his B.A. in Theology, he also received his ordination through the prestigious online organization of The Universal Life Church whose alumni include the likes of Conan O’Brien and Dwayne “The Rock” Johnson.  Jeff loves all things that tell a story: people, movies, tv, music, comics, etc. You can follow Jeff (@JeffManildi) on Instagram, Facebook & Twitter.  Also check out Jeff’s other podcast Divine Cinema.   Allen O’Brien | co-host | allen@irenicast.com Allen received his B.A. in Biblical Studies from The Master's College and an M.A. in Theology and Biblical Studies from Fuller Theological Seminary, making him the illegitimate child of both conservative and moderately progressive evangelicalism. He has worked in church ministry since 2006 and is currently solo-pastoring at his local UCC congregation. When not ministering, Allen throws things to his border collie Sonata and writes for multiple platforms. You can follow Allen (@AllenOB) on Facebook, Twitter, Instagram, & Good Reads.  Also if you are in the Sacramento, CA area check out Allen’s brick and mortar version of this podcast called Intersections. ADD YOUR VOICE TO THE CONVERSATION Join our post-evangelical conversations on faith and culture by interacting with us through the following links: Read Us on our blog Irenicon Email Us at podcast@irenicast.com Follow Us on Twitter and Google+ Like Us on Facebook Listen & Subscribe to Us on iTunes, Google Play, Android, Spotify, Stitcher, TuneIn, iHeart Radio, Spreaker and SoundCloud Speak to Us on our Feedback Page and the Post Evangelical Facebook Group See Us on Instagram Support Us on Amazon Love Us? CREDITS Intro and Outro music created by Mike Golin. This post may contain affiliate links.  An Irenicon is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com

Congressional Dish
CD161: Veterans Choice Program

Congressional Dish

Play Episode Listen Later Nov 12, 2017 150:33


The Veterans Health Administration operates a taxpayer-funded health system to provide our nation’s veterans physical and mental health services. The Veterans Choice Program is a fundamental change to that system as it allows veterans to get taxpayer-funded health care in the private sector. In this episode, learn the history of the Veterans Choice Program, discover the changes that Congress and the Trump Administration have made to the program this year, and get some insights into the future of the program. Please Support Congressional Dish Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Bills H.R. 3230: Veterans Access, Choice, and Accountability Act of 2014 Allows veterans to get medical care outside the Veteran's Administration system; they can go to any health facility that serves Medicare patients, health centers, the Defense Department, and the Indian Health Service. Veterans are only given this option if they'd have to wait over 30 days for an appointment with the Veteran's Administration or if they live 40 miles or further from a Veteran's Administration clinic. If eligible, the veteran will receive a special identification card. How it works: Veteran notifies VA, VA puts Veteran on an electronic waiting list or authorizes their request, VA works out a payment agreement with the health care provider, VA reimburses health care provider but no more than they would for Medicare services. If the veteran gets treated for a problem that was not related to their military service, their health insurance plan will be responsible for payment and the health care provider will be responsible for going after the insurance company for the money. Veterans can not be charged higher co-payments for care at private facilities than they would have been charged at the Veteran's Administration. This program will end in three years. Orders a private-sector review, establishes a fifteen person commission, and creates a technology task force to review VA practices. Wait times for care can not be considered when determining performance bonuses for top officials at the Veteran's administration and performance goals that disincentivize using private health providers for veteran care will be eliminated. Wait times for health care at the VA, VA facility quality measures, and VA doctor credentials will be published online. The VA will add 1,500 graduate medical education residency positions for five years to address staffing shortages. Extends the program that reimburses medical students for education costs and increases the amounts they'll receive for working for the VA. Expands coverage for mental health care related to sexual assaults, which will include veterans on inactive duty. This will be effective August 7, 2015. Extends a pilot program for assisted living care for veterans with traumatic brain injuries until October 2017. Disqualifies public colleges that charge veterans more than State residents from being qualified schools for veteran education benefits. Makes it easier to fire or transfer senior executives at the Department of Veteran's Affairs. Appropriates $15 billion to implement these changes. S. 544: A bill to amend the Veterans Access, Choice, and Accountability Act of 2014 to modify the termination date for the Veterans Choice Program, and for other purposes Eliminates the end date for the Choice Program, which was supposed to expire when the money ran out of after three years. Changes the payment system from one where the veteran's health insurance plan must pay for non-service related treatments, with doctors getting reimbursed directly from the insurance companies to a new system where the Veterans Department will pay and be reimbursed by the insurance companies. Establishes legal permission for the government to share medical records of veterans with "private entities" S. 1094: Department of Veterans Affairs Accountability and Whistleblower Protection Act Title I: Office of Accountability and Whistleblower Protection Creates a new office, headed by a Presidential appointee, in charge of VA employee accountability and processing of whistleblower complaints. This office will have the power to impose disciplinary actions. The identities of whistleblowers must be protected unless the whistleblower consents to disclosure. The Department of Veterans' Affairs must train employees on the whistleblowing process. Title II: Accountability of senior executives, supervisors, and other employees Gives the Secretary of Veterans Affairs the power to suspend, demote, or fire senior executives as long as the executive receives 15 days advance notice and all evidence against him or her, legal representation, and the ability to argue their case in an official process created by the Secretary that takes no more than 21 days. Gives the Secretary of Veterans Affairs the power to remove, demote, or suspend Veterans Administration employees for performance or misconduct. Demoted employees will have their pay decreased. The demotion or removal process must be completed within 15 business days and the employee has 7 business days to respond. These new procedures "shall supercede any collective bargaining agreement to the extend that such agreement is inconsistent with such procedures.". There is an appeal process but it must be started within 10 business days after the date of the removal, demotion, or suspension. The appeal must be decided within 180 days. The Secretary can not remove, demote, or suspend a whistleblower without approval of a Special Counsel or unless the Assistant Secretary refuses to act on the whistleblower account or unless a final decision has been made regarding the whistleblower's disclosure. Gives the Secretary of Veterans Affairs the power to order the repayment of bonuses or relocation expenses paid to VA employees if the Secretary determines that the employee engaged in misconduct or poor performance before the bonus was awarded. There is an appeal process via the Office of Personnel Management. S.114: VA Choice and Quality Employment Act of 2017 Title I: Appropriation for Veterans Choice Program Deposits $2.1 billion in the Veterans Choice Fund, which will not expire. Title II: Personnel matters Doubles the number of positions that can be labeled has having staffing shortages and gives the Secretary of Veterans Affairs the ability to directly hire people to those positions. "Executive Management Fellowship Program" A program to give VA employees 1 year of training in the private sector and to give private sector employees 1 year of training in the VA. Between 18 & 30 people from the private sector and the same amount from the VA will be selected in August of each year to participate. To accept the fellowship, the person must agree to work as a full-time employee of the VA for two years and is prohibited from working the corresponding private sector industry for two years after completing the program. Performance Evaluations Political appointees of the VA will have annual performance plans similar to the ones administered to career employees. Promotions Gives the Secretary of Veterans Affairs the ability to easily promote existing employees or people who voluntarily left within 2 years, one employment status at a time. Employment Opportunity Database Creates a website that will list vacant positions at the Department of Veterans Affairs. Title III: Major medical facility leases We're paying to replace VA facilities in 28 locations. H.R. 3236: Surface transportation and veterans health care choice improvement act of 2015 Recommended Congressional Dish Episodes CD080: The July Laws Additional Reading Article: VA secretary David Shulkin: I don't consider this Texas church gunman as a veteran by Melissa Quinn, Washington Examiner, November 6, 2017. Article: Funding for a new veterans choice program remains the big, unresolved question for VA by Nicole Ogrysko, Federal News Radio, October 24, 2017. Article: AFGE ramping up anti-privatization campaign, as VA readies new Choice draft by Nicole Ogrysko, Federal News Radio, October 17, 2017. Article: Focus on VA hiring, not Veterans Choice, AFGE says by Nicole Ogrysko, Federal News Radio, October 6, 2017. Article: Trump signs bill to speed up VA disability appeals process by Richard Sisk, Military.com, August 23, 2017. Article: Last-minute Veterans Choice funding bill filled with key VA hiring flexibilities by Nicole Ogrysko, Federal News Radio, July 28, 2017. Article: Fix for Veterans Choice shortfalls fails in the House with little funds left by Nicole Ogrysko, Federal News Radio, July 24, 2017. Radio Transcript: VA pane report to suggest more private care choices for veterans, Morning Edition with David Greene, NPR, July 6, 2017. Article: Shulkin offers first glimpse at a new VA Choice plan by Nicole Ogrysko, Federal News Radio, June 8, 2017. Article: Trump extends program allowing some veterans to use local doctors, hospitals by Lisa Lambert, Reuters, April 19, 2017. News Report: Barry Coates dead; veteran was at heart of VA scandal by Scott bronstein, Nelli Black, Drew Griffin and Curt Devine, CNN Investigations, January 27, 2016. Article: How the VA developed its culture of coverups by David Farenthold, The Washington Post, May 30, 2014. Article: Obama accepts resignation of VA secretary Shinseki by Greg Jaffe and Ed O'Keefe, The Washington Post, May 30, 2014. References Budget Plan: 2018 FY Homeland Security Budget-in-Brief GAO Report: Veterans health care: Preliminary observations on veterans access to Choice Program care House Amendment Act: S.114 of the 115th Congress Interactive Timeline: Veterans Choice Program Slideshow: Billing Procedures, VA Veterans Choice Program and Patient-Centered Community Care Strawman Document: Proposed Strawman Assessment Sound Clip Sources Hearing: Bills related to veterans choice; House Committee on Veterans Affairs; October 24, 2017. 02:42 Rep. Phil Roe (TN): To that end, I believe it’s important to state yet again that this effort is in no way, shape, or form intended to create a pipeline to privatize the V.A. healthcare system. I want to be completely clear about that. Everyone who participated in the roundtable earlier this month and contributed to the development of this legislation should be completely clear on that. Everyone listening today should also be completely clear on that. Supplemental care sourced from within the community has been a part of the V.A. healthcare system since the 1940s and services to expand V.A.’s reach and strengthen and support the care that V.A. provides. Rhetoric aside, strengthening and support V.A. is what this consideration is about—this conversation is about. It should go without saying that V.A. cannot be everywhere providing everything to every veteran. Expecting V.A. to perform like that sets up the V.A. to fail. That’s why my draft bill preserves V.A.’s role as the central coordinator of care for enrolled veteran patients. In addition to consolidating V.A.’s menu of existing community-care programs into one cohesive program, my bill would create a seamless, integrated V.A. system of care that incorporates V.A. providers and V.A. medical facilities where and when they are available to provide care a veteran seeks and a network of V.A. providers in the community who can step up when needed. Under my draft bill, the V.A. generally retains the right of first refusal, meaning that if V.A. medical facilities can reasonably provide a needed service to a veteran, that care will be provided in that facility. But when the V.A. can’t do that, my bill would ensure that veterans aren’t left out to dry. Press Conference: Trump signs veterans health care bill; C-Span; August 12, 2017. 0:30 David Shulkin: The V.A. Choice and Quality Employment Act has three important components. The first is that this helps us expand our ability to hire medical-center directors and other senior executives to serve in the V.A. This is about leadership, and it’s really important that we get the right leaders helping us to do the job for veterans. The second is that this bill authorizes 28 new facility leases that will be in different parts of the country that provide our veterans with updated facilities, something that, again, we are committed to providing our veterans with world-class care. And third, and most important, this bill allows us to continue to be able to provide care in the community for our veterans to make sure that they’re getting high-quality care and not waiting for care. Already this year, in the first six months of this year, we have authorized over 15 million appointments for veterans in the community. That’s 4 million appointments more than what was experienced at this time last year. So we’re making a lot of progress in expanding Choice. Hearing: Fiscal year 2018 Veterans Affairs budget; Senate Veterans Affairs Committee; June 14, 2017. 12:29 David Shulkin: Two years ago—I’m sure you’re going to remember in July of 2015 we had too little money in our community-care accounts within the V.A., which we solved with your help by accessing unused funds in the Choice account. So we transferred money from Choice into community care. We now have too little money in the Choice account, which we’re working to solve, again working with you, with legislative authority, to replenish funds into the Choice account. So this is the situation that we’ve described before where for a single purpose of providing care in the community we have two checking accounts, and I will tell you, I wish it were easier than it is. We have to figure out how to balance these two checking accounts at all times. And obviously it’s not a science, it’s an art; and we’re having difficulty with that once again, and that’s why we need to work with you to solve it. The Veterans CARE program that we outlined for you last week will solve this recurring problem permanently by modernizing and consolidating all of the community-care accounts, including Choice. Hearing: Examining the Veterans Choice program and the future of care in the community; Committee on Veterans Affairs; June 7, 2017. Witness: David Shulkin - Veterans Affairs Secretary 12:55 David Shulkin: Just in the first quarter of fiscal year 2017, we saw 35% more authorizations for Choice than we did in the first quarter of 2016. So far in fiscal year 2017, we have approximately 18,000 more Choice-authorized appointments per day than we did in fiscal year 2016. But we still have a lot more work to do. That’s why we’re seeking support for the Veterans Coordinated Access and Rewarding Experiences program, the Veterans CARE program. Let me just go over that again because you need a good acronym in Washington. The Veterans Coordinated Access—that’s the C and the A—Rewarding Experiences program—the CARE program. I’ve testified before and I’ll report again today that our overarching concern remains veterans’ access to high-quality care when and where they need it. That’s regardless of whether the care is in the V.A. or in the community. Our goal is to modernize and consolidate community care. We owe veterans a program that’s easy to understand, simple to administer, and that meets their needs. That’s the CARE program, and now it’s time to get this right for veterans. So we need your help. 14:23 David Shulkin: Here’s how veterans could experience V.A. healthcare, with your help. The veteran talks with their V.A. provider. That’s a conversation over the phone, virtually, or in person. The outcome is a clinical assessment. The clinical assessment may indicate that the V.A. specialist is the best for the veteran, or it may indicate that community care is best to meet the veteran’s needs. If community care is the answer, then the veteran chooses a provider from a high-performing network. That’s the veteran choosing a provider from the high-performing network. Assessment tools help veterans evaluate community providers and make the best choices themselves. We may help veterans schedule appointments in the community, or in some circumstances, veterans can schedule the appointments themselves. We make sure community providers have all the information they need to treat the veteran. We get the veteran’s record back. We pay the veteran’s bill. This is all about individualized, convenient, well-coordinated, modern healthcare and a positive experience for the veteran. If the V.A. doesn’t offer the necessary service, then the veteran goes to the community. If the V.A. can’t provide timely services, the veteran goes to the community. If there are unusual burdens in receiving care, the veteran goes to the community. If a service at a V.A. clinic isn’t meeting quality metrics for specific services, veterans needing that service go to the community while we work to support that clinic to improve its performance. And veterans who need care right away will have access to a network of walk-in clinics. 19:20 David Shulkin: We want to make sure that if the service is low performing, if it’s below what the veteran could get in the community, that they have the opportunity—they don’t have to leave the V.A. They’re given a choice so that they are able to get care in the community or stay at the V.A., because, you know, if a veteran has a good experience and they have trust in their provider, they’re going to want to stay where they are. But that is the purpose. The whole idea here is to improve the V.A., not to get more care in the community. And the very best way that I know how to improve health care is to give the patient, in this case the veteran, choice and to make those choices transparent to let everybody see, because then if you’re not performing as high-quality service, you’re going to want to provide a higher-quality service, because you want to be proud of what you’re working on. And I want the V.A. to be improving over time, and I think this will help us do that. 24:42 Sen. Patty Murray (WA): Secretary Shulkin, in your draft of Veteran CARE plan, you outline a number of pilot projects that sound to me uncomfortably like a proposals that are made by the so-called straw-man document. It’s from the commission on CARE and by the extreme, and to me unacceptable, plan put forward by the Concerned Veterans of America. And those include creating a V.A. insurance plan and separating it from CARE delivery, dividing the governance of a V.A. insurance plan and the health system, and alternative CARE model that sends veterans directly to the private sector. The goal of those types of initiatives, as originally stated in the straw-man document, is “as V.A. facilities become obsolete and are underused, they would be closed when availability and accessibility of care in the community is assured.” Those policies serve not only to dismantle the V.A. and start the health system down to a road to privatization, I just want you to know I will not support them, and I will fight them with everything I have. So, I want to ask you, why are you agreeing to pursue those unacceptable policy options? David Shulkin: Well, first of all, I appreciate you sharing your thoughts and as clearly as you have. I share your goal. I am not in support of a program that would lead towards privatization or shutting down the V.A. programs. What I am in support of is using pilots to test various ideas about governance, about the way that the system should be, organized in the way that we should evolve, because I don’t know without testing different ideas whether they’re good ideas or not. 35:28 Sen. Jerry Moran (KS): You said something that caught my attention: this will not be an unfettered Choice program— David Shulkin: Yep. Moran: —and I wanted to give you the opportunity to explain to me and to the committee what that means. Shulkin: Yeah. There are some that have suggested that the very best approach is just give veterans a card, a voucher, and let them go wherever they want to go. And I think that there are some significant concerns about that, and you’re going to see this proposal is not that. This proposal is to develop a system that is designed for veterans, that coordinates their care, and gives them the options when it’s best for in the V.A. and when it’s best in the community. Unfettered Choice is appealing to some, but it would lead to, essentially, I believe, the elimination of the V.A. system all together. It would put veterans with very difficult problems out into the community, with nobody to stand up for them and to coordinate their care. And the expense of that system is estimated to be at the minimum $20 billion more a year than we currently spend on V.A. health care. So for all those reasons, I am not recommending that we have unfettered access. At some point in the future, if you design a system right, giving veterans complete choice, I believe in principle, is the direction we should be headed in, but not in 2017. 39:05 Sen. Jon Tester (MT): I want to go back to the Choice program, community care versus V.A. care, and tell you where we’re probably all on the same page around this rostrum, but as we’re all on the same page and the budget comes out and gives a 33% increase for private-sector care versus a 1.2% increase for care provided directly by the V.A., it doesn’t take very many budgets like that and pretty soon you’re not going to have any vets going to the V.A., because all the money’s going to community care, and they will follow the money. I promise you they will follow the money. I think that—I don’t want to put words in the VSO’s mouth. He’ll have a chance here in a bit—but I think most of the veterans I talk to say, build the V.A.’s capacity. In Montana we don’t have enough docs, we don’t have enough nurses, we don’t have enough of anything. And quite frankly, that takes away from the experience and the quality of care, and so by putting 1.2% increase for care provided directly by the V.A. and 33% for private-sector care, we’re privatizing the V.A. with that budget. David Shulkin: Yeah. I told you I wasn’t going to say that you were right again, but there’s a lot that you said that I think that we both agree with. And the goal is not to privatize the V.A. What we’re asking for in this is something we don’t have. We need additional flexibility between the money that goes into the community and the money that can be spent in the V.A. Right now we’re restricted to a 1% ability to transfer money between. We are seeking that you give us more latitude there for exactly the reason you’re talking about, Senator. We need our medical centers and our VISNs to be able to say that they need to build capacity in the V.A. where it’s not available. The reason why we’re letting people go in the community now is because the V.A. doesn’t have it. We have to get them that care. Tester: I got it, but if we don’t make the investments so they can get that health care, they’ll never get that health care there. Shulkin: I— Tester: Okay. Hearing: Veterans affairs oversight; House Appropriations Subcommittee on Military Construction and Veterans Affairs; May 3, 2017. Witness: Dr. David Shulkin - Veterans Affairs Secretary   16:13 David Shulkin: More veterans are opting for Choice than ever before, five times more in fiscal year 2016 than fiscal year 2015, and Choice authorizations are still rising. We’ve issued 35% more authorizations in the first quarter of fiscal year 2017 than in the same quarter of 2016. 18:00 David Shulkin: My five priorities as secretary are to provide greater Choice for veterans, to modernize our systems, to focus resources more efficiently, to improve the timeliness of our services, and suicide prevention among veterans. We are already taking bold steps towards achieving each of these priorities. Two weeks ago the president signed a reauthorization of the Veterans Choice Act, ensuring veterans can continue to get care from community providers. Just last week the president ordered the establishment of a V.A. accountability office, and we’re moving as quickly as we can within the limits of the law to remove bad employees. V.A. has removed medical center directors in San Juan; Shreveport, Louisiana; and recently we’ve relieved the medical center director right here in Washington, D.C. and removed three other senior executive service leaders due to misconduct or poor performance. We simply cannot tolerate employees who act counter to our values or put veterans at risk. Since January of this year, we’ve authorized an estimated 6.1 million community-care appointments, 1.8 million more than last year, a 42% increase. We now have same-day services for primary care and mental health at all of our medical centers across the country. Veterans can now access wait-time data for their local V.A. facilities by using an easy online tool where they can see those wait times. No other healthcare system in the country has this type of transparency. V.A. is setting new trends with public-private partnerships. Last month we announced a public-private partnership of an ambulatory care development center, with a donation of roughly $30 million in Omaha, Nebraska, thanks to Mr. Fortenberry’s help there. Veterans now have, or will have, a facility that’s being built with far fewer taxpayer dollars than in the past. Finally, V.A. is saving lives. My top clinical priority is suicide prevention. On average 20 veterans a day die by suicide. A few months ago the Veterans Crisis Line had a rollover rate to a backup center of more than 30%. Today that rate is less than 1%. In support of our efforts to reduce suicides, we’ve launched new predictive modeling tools that allow V.A. to provide proactive care and support for veterans who are at the highest risk of suicide. And I’ve recently announced the V.A. will be providing emergency mental health care to former service members with other-than-honorable discharges at all of our medical facilities. We know that these veterans are at greater risk for suicide, and we’re now caring for them as well as we can. 23:19 David Shulkin: The VISTA system is something that, frankly, V.A. should be proud of. It invented it, it was the leader in electronic health records, but, frankly, that’s old history, and we have to look at keeping up and to modernize the system. I’ve said two things, Mr. Chairman, in the past. I’ve said, number one is, V.A. has to get out of the business of becoming a software developer. This is not our core competency. I don’t see why it serves veterans. I think we’re doing this in a way that, frankly, we can’t keep up with. So, I’ve said that we’re going to get out of that business. We’re either going to find a commercial company that will take over and support VISTA or we’re going to go to an off-the-shelf product. And that’s really what we’re evaluating now. We have an RFI out for, essentially, the commercialization of VISTA that we wouldn’t longer be doing internally. 27:33 David Shulkin: We also, as we get more veterans out into the community, out into the private-sector hospitals, we have to be very concerned about interoperability with those partners as well. 38:24 Rep. Debbie Wasserman Schultz (FL): Given that your goal is one program, are you analyzing which program ultimately would be phased out, because we have a tendency to instead of phasing out programs because they have people with a vested interest in them, simply— David Shulkin: Yes. Schultz: —going along to get along rather than rocking the boat, and so if we’re adding $3 1/2 billion to the Choice program and it had 950 million left, there have been challenges with the Choice program and confusion, and there are still challenges with the community care program, in what direction is the V.A. thinking of going when we—and what is the timeline for ultimately— Shulkin: Right. Schultz: — phasing out one program and only having one? Shulkin: Right. Well, with almost certainty I can tell you there will not be three programs, because the current Choice program will run out of money— Schultz: Right. Shulkin: —by the end of this calendar year. So, that program is going to go away and should be through December of this year. What we are hoping to do is to work with you so that we can introduce a community-care funding program—the chairman referred to it as Choice 2.0—which is a program that makes sense for veterans, which is a single program that operates under one set of rules for how veterans get care in the community. And that new legislation, which we believe needs to be introduced by late summer or early fall in order to make the timeline, would end up with a single program. Schultz: So, you eventually envision phasing out community care with the advent— Shulkin: Yes. Schultz: —of Choice 2.0. 1:33:11 Rep. Charles Dent (PA): In the one-page FY ’18 skinny budget we received in March, there’s a V.A. request for $2.9 billion in new mandatory funding, presumably to complete the FY ’18 funding for the Choice program after the mandatory $10 billion of the program is completely exhausted in January, I guess. Does this indicate the administration’s intent to fund the successor Choice program out of mandatory funding? David Shulkin: Yes. 1:45:37 Rep. Tom Rooney (FL): And many of the providers that are technically participating in the Choice program are refusing to accept Choice patients because they know that they’ll have to wait a long time to get paid themselves. So some providers that don’t accept the Choice patients will only do so if the veteran agrees to pay for the services up front. And that leaves the veterans in that same bind they were in before Choice, which was either face the excessive wait times at the V.A. facility with no option to obtain immediate care elsewhere without paying out of pocket first. And obviously that’s not the point, or that’s not what we’re looking to do. So, I mean, you as a doctor can probably appreciate, you know, with these people that want to take the Choice program to help veterans but they know that it’s going to take forever to get reimbursed be like, hey, will you pay me first, and then, you know, we’ll deal with getting reimbursed later. I don’t know if that’s the rationale, but it sounds like that. The OIG has criticized the V.A.’s monitoring oversight for these contracts and reported that these contracts still don’t have performance measures to ensure the contractors pay their providers in a timely manner, and the OIG made this recommendation January 30 of this year. So, as you work to expand the Choice program, how are you implementing the OIG’s recommendation specifically with regard to timely reimbursements? David Shulkin: Well, there is no doubt that this is an area of significant risk for us, that monitoring and making sure that the providers are paid is critical because of the issues that you’re saying: the veterans are being put in the middle. I would not recommend the veterans put out money for this. That is, as you said, is not the point of it. What we have done is we have done multiple contract modifications. We’ve actually advanced money to the third-party administrators. I’ve suspended the requirement that providers have to provide their medical records to us in order to get paid. We are improving our payment cycles through the Choice program, but it’s not perfect by any means. We have to get better at our auditing of these processes, and those were the IG recommendations, and we are working on doing that. So this is a significant area of risk for us. In the reauthorization, or the redesign, of the Choice program, what we’re calling Choice 2.0, we want to eliminate the complexity of this process. The private sector does not have to do the type of adjudication of claims that we do. They do auto adjudification. They do electronic claims payments. We just are not able to, under this legislation, do all the things that, frankly, we know are best practices. That’s what we want to get right in Choice 2.0. 1:56:40 David Shulkin: Our care needs to be focused on those that are eligible for care, particularly when we have access issues. So, I’d be glad to talk to you more about that. I do want to just mention two things. First of all, our policy is for emergency mental health care for other-than-honorable, not dishonorably, discharged; dishonorably discharged who were not— Rep. Scott Taylor (VA): Sorry if I misspoke. David Shulkin: Yeah, yeah, okay. Rep. Scott Taylor (VA): But I do applaud you for those efforts. David Shulkin: I just wanted to clarify that. Rep. Scott Taylor (VA): I know that there are a lot of wounds that are mental, of course, and— David Shulkin: Absolutely. Rep. Scott Taylor (VA): —I get that. I applaud you for those efforts. Hearing: Veterans affairs choice program; House Committee for Veterans Affairs; March 7, 2017. Witness: David Shulkin - Veterans Affairs Secretary Michael Missal - Veterans Affairs Inspector General Randall Williamson - GAO Health Care Team Director 20:35 David Shulkin: However, we do need your help. The Veterans Choice Program is going to expire in less than six months, but our veterans’ community-care needs will not expire. This looming expiration is a cause for concern among veterans, providers, and V.A. staff, and we need help in eliminating the expiration date of the Choice program on August 7, 2017 so that we can fully utilize the remaining Choice funds. Without congressional action, veterans will have to face longer wait times for care. Second, we need your help in modernizing and consolidating community care. Veterans deserve better, and now is the time to get this right. We believe that a modernized and revised community-care program must have seven key elements. First, maintain a high-performing integrated network that includes V.A., federal partners, academic affiliates, and community providers. Second, increase Choice for all veterans, starting with those with cer—(audio glitch). Third, ensure that enrolled veterans get the care they need closer to their homes, when appropriate. Fourth, optimize coordination of V.A. healthcare benefits with the health insurance that an enrolled veteran already has. Fifth, maintain affordability of healthcare options for the lowest-income enrolled veterans. Sixth, assist in coordination of care for veterans served by multiple providers. And last, apply industry standards for performance quality, patient satisfaction, payment models, and healthcare outcomes. 23:24 Michael Missal: In October 2015, V.A. provided Congress with a plan to consolidate all V.A.’s purchased care programs into V.A.’s community-care program. Under consolidation, V.A. continues to have problems determining eligibility for care, authorizing care, making accurate payments, providing timely payments to providers, and ensuring the necessary coordination of care provided to veterans outside the V.A. healthcare system. 30:30 Randall Williamson: Finally, substantial resources will likely be needed to carry out Choice 2.0. Resources needed to fund IT upgrades and new applications for Choice are largely unknown but could be costly. Proposed changes in Choice eligibility requirements, such as eliminating the 30-day, 40-mile requirement for eligibility, could potentially greatly increase the number of veterans seeking care through community providers and drive costs up considerably. Also, if medical-center staff begin scheduling all appointments under Choice 2.0, as V.A. currently envisions, hiring more V.A. staff will likely be costly and tediously slow. Already, since Choice was established, V.A. medical-center staff devoted to helping veterans access non-V.A. care have increased threefold or more at many locations. 1:04:00 David Shulkin: We are looking primarily at technological solutions, and we are looking at the use of telehealth, which we are doing across V.A. on a scale that no other health system in America is even approaching—2.1 million visits; over 700,000 veterans getting access through telehealth services—and so we are looking at this very seriously about dramatically expanding its use to be able to support where we don’t have health professionals. 1:06:20 David Shulkin: Remember, we have four missions. The clinical care is what we always talk about, but we also have an education mission. We train more American healthcare professionals than any other organization in the country, we have research that’s dedicated solely to the improvement of the wellbeing of veterans, and we also serve a national emergency-preparedness role. So, all four of these missions are very important to us. I would just say two things. One thing is we know from the Choice program that only 5,000 of the several—of more now than a million veterans who’ve used the program chose only to use the Choice program. So they’re saying exactly what your constituent told you, which is the V.A. is essential and important to them. But we are not going to allow the V.A. programs to be diluted, and one of the reasons why that’s so important is that we need to modernize the V.A. system. Our lack of capitalizing the V.A. system in terms of the buildings, the equipment, the IT systems, could make it a noncompetitive system. But we’re going to make sure that the facilities that are open are the best for veterans, and veterans are going to want to continue to get their care there. The community-care program is a way to make sure that we supplement the V.A. in an integrated fashion. 1:10:00 Rep. Mike Bost (IL): The department itself has estimated that it can treat and cure most of the remaining 124,000 diagnosed cases of hepatitis C within the next three years. Is it the V.A.’s commitment that that timeline will be held to and that these will be treated regardless of the level of their liver disease or where they might be at? David Shulkin: Yes. Thanks to the support from Congress, we were provided the resources to meet that timeline. I actually think we’re going to beat it, but with one caveat. What we’ve learned is that our initial outreaches, we were getting thousands and thousands of veterans to come in and to get treatment. We have a treatment, of course, as you know, that now cures more than 95% of hepatitis C. So it’s tremendous medical advance. The doctor to my right is one of those doctors. He’s an I.D. doctor who does this in his clinical work at the V.A. Unknown Speaker: Thank you. Shulkin: What we’re finding now is, and if Dr. Yehia wants to comment on this, we’re finding that we’re now seeing less and less veterans coming in to get cured. There is a substantial number of veterans for a number of reasons, either psychological reasons or social reasons, who are not taking advantage of this care. And so this is now becoming a research question for us. How do we have to begin to approach people that are saying, I have a disease that may end up killing me, but I’m not interested in the treatment. And so I think we’re going to beat your three-year timeline, but there's still going to be a subset of veterans that don’t want to come in and get care. 1:12:50 Rep. Mike Bost (IL): What would happen if we didn’t make that extension go past the August 7, and what would be the final cutoff if we don’t get it past? David Shulkin: Well, first of all, if we don’t do this extension, this is going to be a disaster for American veterans. We’re going to see the same situation that we saw in April 2014, that Senator Kaine started out tonight with, that we saw in Phoenix. And so here’s the timeline. We do need to do this now. As I think Chairman Roe referred to, already today veterans are not able to use the Choice program, because the law states that we have to obligate the funds now for when the care is going to be delivered. So a pregnant veteran who comes to us and says, I want to get care using the Choice program, they no longer can, because nine months from now is past August 7. But this is now beginning to happen with care that is multiple months in length, like oncology care and chemotherapy and other types of therapies. We have a chart that shows that when you start getting towards the end of April to May, this is where you’re going to start seeing a large number of veterans not being able to get access to care, because episodes of care that we’re used to, like hip replacements and other things, are generally three to four months. So we think the time is now that we need to act. Bost: Okay, so, but what we’re doing is not any intention to privatize or anything like that. This is just making sure that those people who are on the Choice program, that we are moving forward to make sure that those services are provided. Shulkin: Not only that, but this is not going to cost any additional money. We are just seeking the authority to spend the money that you’ve already given us past August 7 of this year. 1:17:15 David Shulkin: We are going to go and we are going to start providing mental health care for those that are other-than-honorably discharged for urgent mental health. And we want to work with Representative Coffman on his bill on this, and we want to do as much as we can. But I don’t think it can wait, and so we’re going to start doing that now. I believe that’s in the secretary’s authority to be able to do that.   Hearing: A call for system-wide change; House Committee for Veterans Affairs; October 7, 2015. Witnesses: Robert McDonald: then Secretary of U.S. Department of Veterans Affairs David Shulkin: Under Secretary for Health, U.S. Department of Veterans Affairs Brett Giroir: Senior Fellow at the Texas medical Center Health Policy Institute 13:37 Robert McDonald: As you know, we have five strategies: first is improving the veteran experience, second is improving the employee experience, third is achieving support-service excellence, fourth is establishing a culture of continuous improvement, and fifth is enhancing strategic partnerships, and we would be happy to drill down on those during the question period. 14:17 Robert McDonald: In the past year, we’ve moved out aggressively in response to the access crisis, meeting increasing demand and expanding capacity on four fronts: more staffing, more space, more productivity, and more V.A. care in the community. During that period of time, we’ve completed 7 million more appointments for veterans of completed care: 4 1/2 million in the community, 2 1/2 million within V.A. We’ve added more space, we’ve added more providers, we’ve added more extra hours, all in effect to get more veterans in. But because of that, and because we’ve done a better job of caring for veterans, we have more veterans desiring care. So even those 97% of appointments are now completed within 30 days of the needed or preferred date, the number not completed in 30 days has grown from 300,000 to nearly 500,000. 16:15 Robert McDonald: We simply can’t make many necessary changes because of statutory limitations. We need to consolidate our various care in the community programs. We need a freer hand to hire, assign, and reward the executives we task to act as change agents. We need a freer hand in disposing of outdated, unused, or little-used facilities. We need a freer hand in the management of existing facilities so facilities’ managers can adjust their use of resources to the changing needs of veterans. 25:47 Brett Giroir: As background, in 2014 9.1 million of 21.6 million U.S. veterans were enrolled in the VHA. Of these, 5.8 million were actual patients, and on average these patients relied on the VHA for much less than 50% of their healthcare services. These demographic data combined with access challenges suggest reconsideration of whether the VHA should aim to be the comprehensive provider for all veterans’ health needs or whether the VHA should evolve into more focus centers providing specialized care while utilizing non-VHA providers for the majority of veterans’ healthcare needs. Either paradigm could be highly beneficial to veterans as long as the demand and resources are prospectively aligned and there is a consolidation of current programs to simplify access to non-VHA providers. 30:05 David Shulkin: The V.A. approach is to find the very best care that serves the veterans, and I think that we’ve shown that in response to our access crisis that we have encouraged the use of community care to address our access issues. I think the difference here between—maybe what I would expand on what Dr. Giroir said is that the care that V.A. provides is very, very different than the care that the private sector provides. The V.A. provides a much more comprehensive approach than just dealing with physical-illness issues. It provides psychological and social aspects of care that actually meet the needs of what veterans require. And that's why I think that we really do need to do what Dr. Giroir said, which is to see what VHA provides best for our veterans and what care can be provided by the private sector, and it’s that hybrid-type system that's going to meet our veteran's needs. 34:39 Former Rep. Corrine Brown (FL): I think the elephant in the room is that there are people out there that would actually want to just completely close the V.A. and privatize the entire V.A. system, which is totally unacceptable and it is absolutely not what the veterans want. And as you begin, I want you to discuss flexibility, but I want you to let people know how many people we actually serve every day throughout this country. Robert McDonald: Thank you, Ranking Member Brown. As I was going through my confirmation process, I often got the question from senators why—you know, from some senators, small group—why don't we get rid of the V.A. and just give out vouchers? So I studied that—as a business person, I wanted to know—and what I discovered was V.A.'s not only essential for veterans, it's essential for American medicine and it's essential for the American people. Three-legged stool: research. We spent $1.8 billion a year on research. We invented the nicotine patch. We were the ones who discovered the aspirin was important for heart disease—take an aspirin every day. First liver transplant. First implantable pacemaker. Last year two V.A. doctors invented the shingles vaccine. I could go on. That research is important for the American people, and I didn't even mention posttraumatic stress or traumatic brain injury or prosthetics, things that we're known for. Second, training. We trained 70% of the doctors in this country. Who's going to train those doctors without the V.A.? We have also the largest employer of nurses and the largest trainer of nurses. Third leg is clinical work. Our veterans get the best clinical care because our doctors are doctors that not only do the clinical care but also do research and teach in the best medical schools of our country. So I think the American people benefit from the V.A., and it would be a big mistake to even think about privatizing it. 1:06:06 Rep. Phil Roe (TN): Let me go right to what I wanted to talk about which is my own veteran’s officer at home—person that does my work at home—and basically what she’s saying is, how do you get an appointment through the Veterans Choice Program? She said she had been trying to put together a summary, and what's happening is there’re two ways you get in there: a veteran can either be eligible by a 30-day wait list or more than 40 miles. And the most of problems she saw were the 30-day list. And this is what happens. Below is the information’s been given to me by the roll out of the program. In my experience, there appears to be a breakdown somewhere in this process but have been unable to get clear answers on how to fix it. The V.A. blames TriWest; TriWest blames the V.A. Eligibility is determined by the V.A. primary-care doctor if the appointment’s passed 30 days. The non-V.A. care staff then uploads this list of eligible veterans to the V.A. central office here in Washington nightly, and the veteran’s told to wait five to seven days and then call TriWest. The central office then sends the information to TriWest, can take three to seven days. If the consults don't get added, medical documentation didn't get uploaded, authorizations gets canceled, then the veteran’s on a merry-go-round. Look, when they came to my office to get an appointment, I said, you need an appointment with Dr. Smith. They went out front and made the appointment. That's what should happen. It ain’t that complicated. And all of this in between—and I could go on and on—TriWest has a different view of it, and I want to submit this to the record because it really gets to the bottom of what’s actually going— Unknown Chairman: Not objection. Roe: Thank you, Mr. Chairman. The non-V.A. care staff were given no training on this, and they basically were left just to wing it, how to make these appointments. That was one of the things was brought up in the report. Our local V.A. care—non-V.A. care staff—increased from 5 to 15 but still are struggling to make all these appointments, and there's talk of—now, listen to this right here—there is talk of calling each patient for every appointment to make sure they keep it. If the patient says, I don't want to go, they still are told to call them two times a month until the past the appointment time. That's a complete waste of time. And the outpatient clinics also ought to be able to add patients to the electronic wait list instead of sending them over because appointment may come up; veterans get left out like that. And the TriWest portal is not very friendly. Private doctors did not like jumping through all the hoops of the Choice programmers saying they must give a percent of their fee to TriWest in order for TriWest to file the claim. So, we have a clinic that’s closing in our office, in our V.A., on a chiropractic and pulmonary clinic, because the doctors are just fed up with the way the system is. It’s so bureaucratic. So, anyway, I could go on and on. This is a very extensive—this is on-the-ground stuff that’s going on today at our medical center, and I bet you it's going on around the country. And I think these are things I will submit to you so you can get to work on this, and, again, appreciate the effort that you put into it. Mr. Chairman, there’s some valuable information here for the V.A. to use. And I yield back. Unknown Chairman: Thank you. Ms. Brown, you had a question. Corrine Brown: I do, because I want the secretary to answer that, because I think—I'm meeting with TriWest today—but the important thing is, you can't send a veteran to an agency or anywhere until they get prior approval from the V.A. because the most important thing is that that doctor get that reimbursement. So can you clear this up? I mean, no person in my office can send someone to a doctor; it must go through the system so that you get prior approval. And once that's done, how long—why does it take so long for that physician to get reimbursed, and can he answer that question? Robert McDonald: We have flowcharted that process, and let me let David talk about the improvements that we’ve made to that process. He'll answer questions one and three, and I'll take two on the facilities. David Shulkin: Okay. Dr. Roe, I think your old adage on the three A's is exactly right. And you have to remember we brought this Choice system up in 90 days. This is a national, very complex system, and what we've heard after bringing it up in 90 days is exactly the type of feedback that you've been hearing from your constituents. The secretary and I are both out in the field, we understand that these problems are happening, and so what we've begun to do is to redesign the system and to process-map it out. Both the secretary and I spoke to the CEO of TriWest last evening, and we are beginning now to make outbound calls to the veterans before they had to call in. We are beginning to actually embed TriWest staff in the V.A. so that they're working in teams, and we're beginning to start eliminating some of those steps. It is going to take a while. It is painful to watch this when you hear stories like what you're hearing, but we understand the problems there, we are working very hard, we think TriWest and Health Net are working to help us make the system better, and we're committed to doing this with urgency. 1:58:08 David Shulkin: We do have a crisis in leadership. We have too many open, vacant positions. We have too many people in acting positions and interim positions. You can't expect that you're going to have a transformation in a health system unless you have stable leadership in place. We need your help on this. We need your help to help create the V.A. to be an environment people want to come and serve and to be excited about, and we are asking for your help in Title 38 for the—Hybrid Title 38—to be able to help get the right type of compensation for leadership positions in V.A. That will help us a lot. Hearing: HR 1994 VA accountability act and HR 3236 surface transportation and veterans health care choice improvement act; House Rules Committee; July 28, 2015. 1:28:40 Bradley Byrne (AL): We don’t need to have a government-run healthcare system for our veterans. We need to transition out of it and give all of our veterans a card, just like an insurance card. Hearing: Veterans Affairs health care and budget; House Veterans Affairs Committee; July 22, 2015. 19:20 Robert McDonald Clinical output has increased 8% while budget has increased 2%, 35% more people (1.5 million beneficiaries) 20:22 Robert McDonald Increased Choice authorizations by 44% (900,000), 4% more appointments, percentages of wait times, wait times for types of care 21:50 Robert McDonald Care crisis of 2014 was caused by an imbalance in supply and demand, VA has been governing to fit a budget, not making budget fit the care, stats on new enrollees, 147% increase. enrolled veterans use VA for 34% of their care 56:00 Robert McDonald Here is a packet explaining the transformation of the VA, we have an advisory board full of CEOs, VA is going through the largest transformation in it’s history 1:09:40 Tim Heulskamp (KS) Concerned that money will be redirect away from Choice and he thinks “many employees” are not supportive of Choice, throws out bullshit numbers James Tuchschmidt corrects him and said they took money out to pay for the Hepatitis C drug 1:11:50 Tim Heulskamp wants to know why only two people have been fired for the wait time scandal. Robert McDonald many have retired, one indictment, 1,300 have been fired, new leadership, 7 million more appointments this year 1:27:30 Rep.Jackie Walorski (IN) Veterans died because of the Veteran’s Administration, I wanted to see people go to prison, list of things she’s pissed about, "Nothing is working” Robert McDonald 300,000 on wait list a year ago, low wait times, 1:35:00 McDonald we need a better system for anticipating what demand will be. 34% of eligible people are using VA system right now 1:35:20 Robert McDonald the crisis in 2014 was due to Vietnam vets, not Iraq & Afghanistan and we need to prepare as they age 1:36:00 Rep. Beto O’Rourke (D-TX) Why don’t we “refer out" the care that’s not directly related to military service? Robert McDonald people like to have all their doctors in one place, private sector doctors have to treat veterans differently - different questions to ask 1:41:00 Phil Roe (TN) Getting veterans outside care should be be through 1 program because it "aught to be easy" 1:43:50 Robert McDonald Moral is low because people don't want to be called out for not caring. They work hard every day 1:46:00 Kathleen Rice (D-NY) Why is there a budget shortfall? Robert McDonald 7 million more veterans needed care. "That's the reason" 1:56:00 Mark Takano (D-CA) New way of operating with non-VA providers - "Care in the Community" - not a conspiracy to "disappear the VA" - That's why we changed the name 2:05:00 Brad Wenstrup (R-OH) We should "outsource" collections” of payment from veterans with other insurance James Tuchschmidt We are looking at doing that. Wenstrup we should take bids. 2:18:00 Robert McDonald We are in favor of Choice program & we need to know about any employees who aren't because "that would be wrong" - Don't care where they get care as long as it's great care 2:20:00 Jerry McNerney (D-CA) Do you favor public private partnerships? Robert McDonald Yes, it's part of our transformation strategy. we have an “office of strategic parterships” 2:22:55 James Tuchschmidt We thought more people would use Choice, the goal was to not have vets waiting more than 30 days for care, we're asking to use that money to pay for care we purchased, we want a bill before you leave in August 2:28:00 James Tuchschmidt We’ve treated over 20,000 veterans with hepatitis C and veterans can use the Choice Program to get their treatment Rep.Ralph Abraham (LA) $500 million would be designated for Hepatitis C treatment Robert McDonald yes Hearing: Non-VA care: An integrated solution for veteran access; House Veterans Affairs Committee; June 18, 2014. 50:40 Rep. Beto O’Rourke (TX): Why have the V.A. at all? Why not privatize that care? The private sector could do it better. What’s missing in the V.A. is competition. Our veterans deserve the very best. Let’s not keep them in this institution that’s not working. From veterans, almost to a person, I hear, if I get in the V.A., I love the care. I’m treated very, very well. The outcomes are great. Don’t touch the V.A. So, what do you do best, and what does the V.A. do best? And five years down the road, after we get out of this current crisis, what will this look like? Unknown Speaker: That’s a great question. And it’s an honor to serve El Paso, where I spent part of my childhood when my dad was in the army as a doc. I will tell you that I hope it does not take five years. And I think everybody else would echo that statement. My belief is that the first phase is to make sure that the program that the V.A. has invested taxpayer money in—VAPC3—is put in place, is mature, that the processes on the V.A. side are mature, that our processes are mature, and that together we’re identifying where those pockets of veterans are that might not otherwise be able to get what they need in a complete capacity through the direct V.A. system because they lack the capacity to deliver on all the needs, and that the V.A. syst— Yes, sir. O’Rourke: Let me—I’m sorry to interrupt you, but I do want to understand what you think beyond taking care of capacity issues when the V.A.’s not able to see someone in a reasonable period of time. Are there specific kinds of care that you all would be better equipped to take care of? For example, I often think the V.A. is or should be better at handling PTSD or the aftereffects of traumatic brain injury because they see so many people like that as opposed to your typical health system or hospital. Maybe that’s a V.A. center of excellence. Is there something on the outside that we should just move all appointments or consults or procedures in a given area over to the private sector or let the private sector compete for? Unknown Speaker: Great question. My personal view is that it’s too early to ask that question—or to answer it, probably a better way to put it. It’s early to ask it, it’s right to ask it, you’re looking over the horizon line, but that we first need to get the pieces plugged together. And then there needs to be a make-by decision, category by category, and facility by facility, to look at what’s best done with taxpayer funds. Is it best to have the direct system provide care for four veterans in a particular category? Is that really necessary? Or should we buy that on the outside because it’s more efficient and more effective? 54:30 O’Rourke: You know, I’ve been on this committee for a year and a half now—it’s my first year in Congress—but I’d never been approached by a lobbyist on my way in to a meeting. Today I was, who represents providers in the private sector in El Paso and said, we have a hard time getting paid. It takes us a year sometimes. We want to see these veterans who are not able to be seen by the V.A., but it’s going to be really hard to do this if we don’t get paid. 1:34:00 Jolly: We need to do even more in providing a veteran choice. This, bottom line. The question, though, is how do we do that in a way that’s fiscally responsible? And so my question for you generally—and again, if you don’t have enough information, that’s certainly fine—in your role of supporting non-V.A. care, can you give either an assessment, if you have the technical information, or if it’s just in a working opinion on the cost effectiveness compared to traditional care, realizing that we have hard infrastructure costs within our V.A. system that aren’t reflective when you go to non-V.A. We can look at all sorts of data. I’m somebody who thinks typically data’s manipulated to get whatever outcome or position we want to finally be able to support. But can you give an opinion or assessment on the cost effectiveness of non-V.A. care versus within the V.A.? Ms. Doody: I can tell you from our experience with Project ARCH—and I wish I could give you specific numbers, sir—the company Altarum, who was contracted to collect this information—my understanding is they’re going to report back to you folks in 2015—are looking at the cost of care per veteran. From my understanding, it is less than if they would have gone to a V.A. facility for certain procedures. So, again, it’s anecdotal. It may be geographic; I can’t comment on the other regions or other states in our nation. But also just limiting the amount of mileage, the travelling that the veteran would have to do travelling to a V.A. hospital to receive care as a savings to the system also. 1:45:00 Titus: You confirm that you can’t talk about the cost effectiveness; there’s just not enough data there, yet you think it’s working pretty well, but we don’t have any hard figures, and we also know that CVO’s been kind of unable to assess the cost going forward, and nobody’s talking about how to pay for it. Yet, we are moving pell mell towards more veterans using this kind of non-V.A. care. And it’s not that I’m opposed to that, but I want us to do it right or else we’ll be having hearings five years from now, talking about all the problems with non-V.A. care. Now, to hear y’all talk about it, you’re not having any problems; things are working great under your networks. But we know that’s not true, either. I mean, there are problems out there, and we need to be serious about how to address them from the beginning. Now, as I understand it, y’all are just kind of like the middleman, like Sallie Mae and Medicare Advantage, where you have a contract to provide a service. That’s fine, but as you push more people out into the private sector, do you see your kind of business growing, or is your network going to cover more areas, or are more new networks and competition going to come on to be part of this new system that we’re going to be creating? Hearing: A continued assessment of delays in VA medical care and preventable veteran deaths; House Veterans Affairs Committee; April 9, 2014. 2:35 Rep. Jeff Miller (FL): On Monday, shortly before this public hearing, V.A. provided evidence that a total of 23 veterans have died due to delays and care at V.A. medical centers. Even with this latest disclosure as to where the deaths occurred, our committee still doesn’t know when they may have happened beyond the statement from V.A. that they most likely occurred between 2010 and 2012. These particular deaths resulted primarily from delays in gastrointestinal care. Information on other preventable deaths due to consult delays remains unavailable. Outside of the V.A.’s consult review, this committee has reviewed at least 18 preventable deaths that occurred because of mismanagement, improper infection-control practices, and a whole host—a whole host—of maladies that plagued the V.A. healthcare system all across this great nation. 8:53 Rep. Jeff Miller (FL): Mr. Coates waited for almost a year and would have waited even longer had he not personally persistently insisted on receiving the colonoscopy that he and his doctors knew that they needed. That same colonoscopy revealed that Mr. Coates had Stage IV colon cancer that had metastasized to his lungs and to his liver. 13:55 Barry Coates: My name is Barry Lynne Coates, and due to the inadequate and lack of followup care I received through the V.A. system, I stand here before you terminally ill today

Congressional Dish
CD158: Rapid DNA Act

Congressional Dish

Play Episode Listen Later Sep 23, 2017 96:47


Since 1994, the FBI has maintained a database with samples of DNA taken from convicted criminals in order to match those samples with DNA collected at crime scenes. However, over the course of the last two decades, the DNA database has expanded to include many more people. In this episode, we explore the expansion of DNA collection and storage by law enforcement and examine a new law that will further that trend. Later in the episode, get an update on Congress’s progress in meeting their multiple September 30th deadlines. Please support Congressional Dish: Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD098: USA Freedom Act: Privatization of the Patriot Act CD128: Crisis in Puerto Rico CD147: Controlling Puerto Rico CD152: Air Traffic Control Privatization Bills Outline H.R. 510: Rapid DNA Act of 2017 Orders the FBI Director to create standards and procedures for the use of Rapid DNA machines and the DNA analyses they create. Expands the DNA samples allowed to be stored to include those prepared by any criminal justice agency using Rapid DNA machines that are approved by the FBI. H.R. 601: Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 Division A: Reinforcing Education Accountability in Development Act Official U.S. policy is now to partner with developing countries and "donors, multilateral institutions, the private sector, and nongovernmental and civil society organizations, including faith-based organizations" to promote education programs and activities to prepare individuals to be "productive members of society and the workforce" "Assistance provided under this section to support programs and activities under this subsection shall be aligned with and advance United States foreign policy and economic interests." Division B: Supplemental Appropriations for Disaster Relief Requirements Act, 2017 Appropriates $7.4 billion for disaster relief, as long as President Trump officially approves it. Authorizes the Small Business Administration to lend $450 million for disaster rebuilding but half of that is allowed to be for administrative expenses Appropriates and additional $7.4 billion for housing and infrastructure in disaster zones Includes a provision that says the recipients of funds "may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit." Division C: Temporary Extension of Public Debt Relief Suspends the debt ceiling until December 8, 2017. Division D: Continuing Appropriations Act, 2018 Extends and cuts by .6791% the funding and provisions from the 2017 funding law until December 8, 2017. The .6791% cut will not apply to War on Terror funding Additional Reading Article: How the Graham-Cassidy bill compares with past Republican health care repeal efforts by Meridith McGraw and Maryalice Parks, ABC News, September 20, 2017. Article: GOP lawmaker urges colleagues to support short-term aviation bill by Melanie Zanona, The Hill, September 20, 2017. Commentary: Graham-Cassidy Is the Worst Obamacare Repeal Bill Yet by Thomas Huelskoetter, Fortune, September 20, 2017. Article: Hatch leads bipartisan CHIP reauthorization bill to continue children’s health coverage, Ripon Advance News Service, September 20, 2017. Transcript: Why The Government Sells Flood Insurance, NPR, September 16, 2017. Article: Congress May Need to Throw a Lifeline to Flood Insurance Program by Greg Tourial, Roll Call, September 15, 2017. Article: Congress just crossed three big things off its to-do list by Amber Phillips and Kim Soffen, The Washington Post, September 8, 2017. Article: Trump sides with Democrats on fiscal issues, throwing Republican plans into chaos by Mike DeBonis, Kelsey Snell, Philip Rucker and Elise Viebeck, The Washington Post, September 7, 2017. Article: Law enforcement can now scan your DNA in 90 minutes, but should they? by Annie Sciacca, Mercury News, August 25, 2017. Press Release: IntegenX Applauds the Passage of the Rapid DNA Act of 2017, IntegenX, August 21, 2017. Article: Despite Privacy Concerns, Miami Beach Police Testing "Rapid DNA" Scans on Suspects by Jerry Iannelli, Miami New Times, August 16, 2017. Transcript: Wray Confirmed as FBI Director as Questions Swirl over His Past Record & Close Ties to Big Business, Democracy Now, August 2, 2017. Article: Congress should consider taking another look at Christopher Wray, President Trump's pick to head up the FBI by James S. Henry, The American Interest, July 28, 2017. Article: NetBio Announces its DNAscan System is the First and Only Rapid DNA Product to Earn NDIS Approval from the FBI, Business Wire, April 7, 2016. Article: The Trouble Rising of Rapid DNA Testing by Ava Kofman, New Republic, February 24, 2016. Article: The FBI Is Very Excited About This Machine That Can Scan Your DNA in 90 Minutes by Shane Bauer, Mother Jones, November 20, 2014. Article: Supreme Court upholds Maryland law, says police may take DNA samples from arrestees by Robert Barnes, The Washington Post, June 3, 2013. Press Release: Life Technologies Offers New Rapid DNA Platform, Cision PR Newswire, April 1, 2013. Article: Life Tech to distribute rapid DNA tester by Bradley J. Fikes, San Diego Union Tribune, April 1, 2013. Article: Rapid DNA: Coming Soon to a Police Department or Immigration Office Near You by Jennifer Lynch, Eff, January 6, 2013. Audit Report: Combined DNA Index System Operational and Laboratory Vulnerabilities, Office of the Inspector General, May 2006. References Cornell Law School: Maryland v. King Cornell Law School: § 28.12 Collection of DNA samples Electronic Privacy Information Center: Maryland v. King - Concerning the Constitutionality of Mandatory DNA Collection Pre-Conviction GovTrack: H.R. 601: Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 GovTrack: H.R. 510: Rapid DNA Act of 2017 FBI: FAQ on Rapid DNA Analysis FBI: FAQ on CODIS and NDIS FBI: Combined DNA Index System (CODIS) EFF: DNA Collection Federal Register: Regulations Under the DNA Analysis Backlog Elimination Act of 2000 NCSL: DNA Arrestee Laws OpenSecrets: Clients lobbying on H.R.320: Rapid DNA Act of 2015 OpenSecrets: Clients lobbying on S.2348: Rapid DNA Act of 2016 OpenSecrets: Clients lobbying on H.R.510: Rapid DNA Act of 2017 OpenSecrets: IntegenX: Bills lobbied, 2015 OpenSecrets: IntegenX: Bills lobbied, 2016 OpenSecrets: IntegenX: Bills lobbied, 2017 Integenx: RapidHIT System YouTube: Watch Demo of Rapid DNA Analysis Machine YouTube: Forensic DNA Mixups | Greg Hampikian | TEDxBoise YouTube: How is DNA fingerprinting used to identify a criminal? YouTube: Jimmy Kimmel on Bill Cassidy’s Health “Care” Bill YouTube: Jimmy Kimmel Fights Back Against Bill Cassidy, Lindsey Graham & Chris Christie Listener Dee Bradley's Blog: World Political History Sound Clip Sources Hearing: Federal Bureau of Investigation Oversight, Senate Judiciary Committee, December 9, 2015. Witness: James Comey - Director, FBI Timestamps & Transcripts 5:07:58 Sen. Orrin Hatch (UT): Last week I introduced bipartisan legislation with Senators Feinstein, Lee, and Gillibrand to update our nation’s laws to take account of this exciting new technology. Now, Rapid DNA devices—they’re self-contained, they’re fully automated instruments that can be placed in booking stations, and they can both develop a DNA profile from a cheek swab and compare the results against existing profiles in less than two hours. Now, my bill, the Rapid DNA Act of 2015, would allow law enforcement officials using FBI-approved Rapid DNA instruments to upload profiles generated by such devices to the FBI's Combined DNA Index System and perform database comparisons. Director Comey, you've spoken in the past about Rapid DNA and how this technology will help law enforcement. Do you believe that Rapid DNA technology is important, how will it impact law enforcement, and do you believe Congress should pass legislation authorizing its use within standards and guidelines promulgated by your agency? Director James Comey: Yeah, that authority that's in your bill would help us change the world in a very, very exciting way, that allow us, in booking stations around the country, if someone's arrested, to know instantly, or near instantly, whether that person is the rapist who's been on the loose in a particular community before they're released on bail and get away, or to clear somebody, to show that they're not the person. It's very, very exciting. We are very grateful that we're going to have the statutory authorization if that passes to connect those Rapid DNA technologies to the national DNA database. Hatch: Well, thank you. My bill, the Rapid DNA Act, will not affect when or under what circumstances law enforcement collects DNA samples. These decisions would be governed by state or other federal law. What it will do is affect where samples are processed and how quickly they're processed. Now, Mr. Director, what would you say to individuals who may be concerned that Rapid DNA technology will raise privacy concerns, and what would you say to individuals who may be concerned that this technology could affect the integrity of FBI's Combined DNA Index System, or CODIS? And I would note that my bill restricts access to CODIS to FBI-approved Rapid DNA instruments operated in accordance with FBI-issued standards and procedures. Comey: The first—you said it well, Senator: folks need to understand this isn't about collecting DNA from more people. It's about the DNA that's collected when someone is arrested, being able to be analyzed much more quickly, that can show us in some cases this is the wrong person or can show us in some cases this is someone we have to be very worried about. That is good for our justice system as a whole. And you're exactly right. The national database, the CODIS database, is the gold standard. This legislation does not make it any—water down the standards that are applied before a DNA result can be pressed against that database. We're still going to have high standards. We're still going to require that this is the gold standard for identification in the United States. Hearing: H.R. 320, the “Rapid DNA Act”, House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, June 18, 2015. PDF Version Witnesses: Amy Hess - Executive Director of Science & Technology at the FBI Jody Wolf - President of the American Society of Criminal Laboratory Directors Natasha Alexenko - Founder of Natasha’s Justice Project Timestamps & Transcripts 6:05 Amy Hess: All 50 states, Puerto Rico, the U.S. Army’s Criminal Investigation Laboratory, and the FBI contribute DNA records to and participate in NDIS, which contains almost 14 million offender or arrestee DNA records and over 630,000 forensic or crime scene DNA records. 11:06 Jody Wolf: Currently, these devices are best suited for use with single-source, high-quantity biological samples such as referenced standards of blood or saliva from known individuals, thus limiting its usefulness for complex crime scene samples of more than one person. These instruments also currently can’t analyze trace amounts of DNA. Consequently, these instruments are not designed for the routine testing of evidence types found in rape kits and will not help with the reduction of rape kit backlogs. 22:03 Rep. Bob Goodlatte (VA): Would this legislation help speed this up a lot? Jody Wolf: Well, comparing 90 samples utilizing Rapid DNA would take almost 27 hours. Using the—processing it using a traditional existing technology would take 7 to 8 hours. So the limitation with the Rapid DNA is that you can only run 5 samples at a time, whereas on current technology, we can run 24 samples at a time. To process 90 samples utilizing Rapid would take 27 hours. Using existing technology would take 7 to 8. Same result. Goodlatte: So do you think that this is a good thing for people to have the option here, or not? Wolf: It depends on your goal. The advantage that Rapid DNA has is that you have that answer while the person is still in the booking station. With traditional databasing, there’s a delay because you have to transport the sample from point of collection to a laboratory for analysis. Supreme Court Argument: Maryland v. King, February 26, 2013. Audio Part 1 Audio Part 2 Witnesses Katherine Winfree - Chief Deputy Attorney General of Baltimore, MD Michael Dreeben - Deputy Solicitor General of the Department of Justice Timestamps & Transcripts Part 1 3:24 Katherine Winfree: The cornerstone of our argument is that when an individual is taken into custody, an individual is arrested on a probable cause—a probable-cause arrest—that person, by virtue of being in that class of individuals whose conduct has led the police to arrest him on—based on probable cause, surrenders a substantial amount of liberty and privacy. Justice Elena Kagan: But, Ms. Winfree, that can’t be quite right, can it? I mean, such a person—assume you’ve been arrested for something, the state doesn’t have the right to go search your house for evidence of unrelated crimes. Unknown Speaker: Justice Kagan. Kagan: Isn’t that correct? Winfree: That’s correct, Justice Kagan. Kagan: Doesn’t have the right to go search your car for evidence of unrelated crimes. Winfree: That’s correct. Kagan: Just because you’ve been arrested doesn’t mean that you lose the privacy expectations and things you have that aren’t related to the offense that you’ve been arrested for. Winfree: That’s correct, but what we’re seizing here is not evidence of crime. What it is, is information related to that person’s DNA profile. Those 26 numbers— Kagan: Well—and if there were a real identification purpose for this, then I understand that argument. But if it’s just to solve cold cases, which is the way you started, then it’s just like searching your house to see what’s in your house that could help to solve a cold case. Winfree: Well, I would say there’s a very real distinction between the police generally rummaging in your home to look for evidence that might relate to your personal papers and your thoughts. It’s a very real difference there than swabbing the inside of an arrestee’s cheek to determine what that person’s CODIS DNA profile is. It’s looking only at 26 numbers that tell us nothing more about that individual. Kagan: Well, but, if that’s what you’re basing it on, then you’re not basing it on an arrestee. I mean, then the chief justice is right: it could be any arrestee, no matter how minor the offense. It could be just any old person in the street. Why don’t we do this for everybody who comes in for a driver’s license because it’s very effective? Part 2 0:20 Katherine Winfree: Since 2009, when Maryland began to collect DNA samples from arrestees charged with violent crimes and burglary, there have been 225 matches, 75 prosecutions, and 42 convictions, including that of Respondent King. Justice Antonin Scalia: Well, that’s really good. I’ll bet you, if you conducted a lot of unreasonable searches and seizures, you’d get more convictions, too. That proves absolutely nothing. Press Briefing: DNA Use in Law Enforcement, Attorney General Ashcroft, March 4, 2002. Timestamps & Transcripts 0:33 Attorney General John Ashcroft: Douglas and Laura White were married just 11 days when, walking down a bike path in Mesquite, Texas, in November of 1993, a man jumped out from behind the trees and demanded their money. The frightened couple began to pray, which enraged their attacker. He shot Douglas dead on the scene, raped Laura, and disappeared into the Dallas suburb. Eight years later, in January of 2001, under the federal DNA Backlog Reduction Program, police in Dallas matched a DNA sample taken from Alvin Avon Braziel Jr., with DNA evidence collected from the crime scene. Braziel was convicted of capital murder and given the death sentence. The murder conviction of Alvin Brazil is a powerful example of how one technology, forensic DNA analysis, has revolutionized law enforcement. Over the short span of 10 years, DNA technology has proven itself to be the truth machine of law enforcement, ensuring justice by identifying the guilty and exonerating the innocent. With a strong support of Congress, the Department of Justice has served as a leader in the national effort to maximize the benefits of DNA evidence, and the past 5 years have seen a national explosion in forensic DNA collection. All 50 states and the federal government now have laws on the books that require DNA to be collected from convicted offenders for the purpose of criminal DNA databasing. The strong trend is toward broader DNA sample collection, including collection from all felons in many states. And the reason is simple: experience has taught law enforcement that the more offenders that are included in the database, the more crimes will be solved. 9:23 Attorney General John Ashcroft: The law enforcement tool that makes this DNA analysis useful to state and local police and prosecutors throughout the nation is the Combined DNA Index System, known as CODIS. It’s administered by the Federal Bureau of Investigation. CODIS brings the power of DNA technology to bear on thousands of law enforcement investigations by integrating information obtained by state DNA databases and making that information available nationwide. House Debate: DNA House Floor Debate, May 16, 2017. Timestamps & Transcripts 8:00 Rep. Jim Sensenbrenner: Like fingerprinting, photographing, and other booking procedures which at the time were novel but now have become routine, Rapid DNA will soon be standard procedure in police stations throughout the country. There is only one problem with Rapid DNA technology: federal law. Our law, written in 1994 when DNA technology was still in its infancy, prohibits the use of Rapid DNA technology in booking stations. This is not because of any limitation in Rapid DNA technology, but simply because at that time Rapid DNA technology was not even contemplated. Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio) Cover Art Design by Only Child Imaginations

Congressional Dish
CD148: Trump’s First Laws

Congressional Dish

Play Episode Listen Later Apr 9, 2017 67:28


We have the first wave of the Trump laws! In this episode, highlights of the most impactful laws from the first three months of the 115th Congress, which include favors to the fossil fuel industry, gun industry, telecommunications industry, and defense contractors. In addition, learn about a law (that’s flown completely under the radar) that fundamentally changes how NASA operates. Please support Congressional Dish: Click here to contribute using credit card, debit card, PayPal, or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD124: The Costs of For-Profit War CD135: Education is Big Business Bills Outline S. 84: A bill to provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. Exempts General James Mattis from the law that prohibits anyone from serving as Defense Secretary within seven years of leaving military service (Mattis had retired less than four years before his appointment). H.R. 72: GAO Access and Oversight Act of 2017 Gives the Government Accountability Office (GAO) more power to get federal agency records for audits and investigations Requires agency heads to report their plans - not just their actions - that the agency will take when given recommendations by the GAO and requires the reports to be given to more Congressional committees Makes it easier for the GAO to sue federal agencies that don't comply Gives the GAO access to the National Directory of New Hires (NDNH) H.J.Res. 41: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Exchange Commission relating to “Disclosure of Payments by Resource Extraction Issuers”. Repeals an Obama administration rule requiring companies listed in the stock market to publicly report payments by the fossil fuel and mineral industries to the US or foreign governments if the payments are over $100,000 in a year. H.J.Res. 38: Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule. Repeals a Department of Interior regulation known as the "Stream Protection Rule" which aimed to reduce pollution from coal mining by blocking mining within 100 feet of streams and requiring coal mining companies to restore the land their use to it's pre-mining condition. H.J.Res. 40: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007. Repeals a Social Security Administration rule that never went into effect that would have prohibited approximately 75,000 people who receive disability checks for mental illness from buying guns. H.R. 321: Inspiring the Next Space Pioneers, Innovators, Researchers, and Explorers (INSPIRE) Women Act Orders the NASA administrator to create a plan to use current and former NASA employees to engage with K-12 female students to encourage them to pursue careers in aerospace. The plan must be submitted in 90 days. H.R. 255: Promoting Women in Entrepreneurship Act "Encourages" the National Science Foundation to recruit women to work in commercial science and engineering - S. 442: National Aeronautics and Space Administration Transition Authorization Act of 2017 Authorizes $19.5 billion for NASA operations for 2017 Declares that it will be US policy that we will support the International Space Station through at least 2024 Sense of Congress: "Commercially provided crew transportation systems" should be the primary means of transporting US astronauts to and from the International Space Station and reliance upon Russian transportation should be ended as soon as possible. Commercial providers of NASA services will have to provide "evidence-based support for their costs and schedules" only "in a manner that does not add costs or schedule delays" NASA will have to create a plan to "transition in a step-wise approach from the current regime that relies heavily on NASA sponsorship to a regime where NASA could be one of many customers of a low-Earth orbit non-governmental human space flight enterprise." The first report on progress will be due December 1, 2017 Contracts between NASA and private providers are allowed to give immunity to the private providers from lawsuits for "death, bodily injury, or loss of or damage to property resulting from launch services and reentry services carried out under the contract" for any amount over what their insurance covers. The maximum amount of insurance a provider will have to obtain is for $500 million The immunity may exclude claims resulting from willful misconduct by the private provider Establishes long term goals for NASA, which include "to enable a capability to extend human presence, including potential human habitation on another celestial body and a thriving space economy in the 21st Century." There will be a specific focus on enabling humans living on Mars Repeals provisions of law that required the government specifically to have the ability to restart the Space Shuttle program, if needed. Authorizes the NASA Administrator to conduct long-term medical monitoring and treatment of astronauts with no out-of-pocket costs for the astronauts for space flight related ailments only. H.J.Res. 44: Disapproving the rule submitted by the Department of the Interior relating to Bureau of Land Management regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act of 1976. Repeals a Bureau of Land Management Rule that would give the public a larger and earlier role in management plans for public land. The public would have been able to submit data & other information. The public also would have been given information as the plans were developed, allowing the public to comment during the planning process instead of after. H.J.Res. 37: Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation. Repeals a rule written by the Department of Defense, the General Services Administration, and NASA that would have made federal contractors prove their compliance with fourteen Federal labor laws, which would then be taken into consideration by agencies when awarding contracts. The contractors would also have to report their wages paid to employees to the agencies and would have limited forced arbitration of employee claims. H.J.Res. 57: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to accountability and State plans under the Elementary and Secondary Education Act of 1965. Repeals a Department of Education rule that would have pushed states to weigh student achievement via test scores of 95% of their students and graduation rates when determining which schools are "underperforming". The rule also would have required schools to provide parents and the public with more information on their annual report card. H.J.Res. 58: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Education relating to teacher preparation issues. Repeals a Department of Education rule that outlined indicators that states would have to use to judge teacher performance and tied results to some Federal aid funding. H.J.Res. 42: Disapproving the rule submitted by the Department of Labor relating to drug testing of unemployment compensation applicants. Repeals a Department of Labor rule that allowed but limited the drug testing of people receiving unemployment benefits. People could only be tested if they were dismissed for substance abuse related reasons and only if their jobs required carrying a firearm, aviation flight crews, air traffic controllers, commercial drivers, railroad crews, pipeline crews, and commercial maritime crews. S.J.Res. 34: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” Repeals a Federal Communications Commission rule that would have required Internet service providers to obtain our approval if they were going to share our information, and not condition service on an acceptance of data sharing, and to notify us if our data was compromised. Additional Reading Article: Congress Votes To Expand Drug Testing For Unemployment Recipients by Kelly Mcevers, NPR, March 27, 2017. Article: Why you should take a closer look at this week's NASA bill by Andrew Wagner and Nsikan Akpan, PBS, March 24, 2017. Article: Obama Education Rules Are Swept Aside by Congress by Dana Goldstein, The New York Times, March 9, 2017. Article: The Senate just voted to overturn another environmental rule - sending it to Trump's desk by Chelsea Harvey, The Washington Post, March 8, 2017. Article: Senate overturns Obama-era regulations on teacher preparation by Emma Brown, The Washington Post, March 8, 2017. Congressional Record: National Aeronautics and Space Administration Transition Authorization Act of 2017, House of Representatives, March 7, 2017. Article: Trump Signs Bill Revoking Obama-Era Gun Checks for People with Mental Illnesses by Ali Vitali, NBC News, February 28, 2017. Article: FCC Chairman Goes After His Predecessor's Internet Privacy Rules by Alina Selyukh, NPR, February 24, 2017. Article: Why Trump just killed a rule restricting coal companies from dumping waste in streams by Brad Plumer, Vox, February 16, 2017. Article: Trump signs Sasse's bill to let GAO access massive financial database by Joseph Morton, Omaha World Herald, February 3, 2017. Article: Goodbye, Stream Protection Rule by Paul Rauber, Sierra, February 1, 2017. Article: On the same day Rex Tillerson is confirmed, the House votes to kill a transparency rule for oil companies by Brad Plumer, Vox, February 1, 2017. Article: Republicans will try a little-used tactic to kill five Obama regulations this week by Brad Plumer, Vox, February 1, 2017. Press Release: Bill Johnson Leads House Effort to Protect Coal Jobs by Overturning Ill-Advised "Stream Protection Rule" by Representative Bill Johnson, January 30, 2017. Press Release: Chairman Huizenga, Senator Inhofe Move To Eliminate Resource Extraction Rule via CRA, Chairman Bill Huizenga, January 30, 2017. Op-Ed: The Congressional Review Act, rarely used and (almost always) unsuccessful by Stuart Shapiro, The Hill, April 17, 2015. References U.S. Dept of Labor: Unemployment Insurance Senator Al Franken: Arbitration Amendment OpenSecrets: Rep. Liz Cheney - Top Industries, 2015-2016 OpenSecrets: National Rifle Association - 2016 Contributions OpenSecrets: Rep. Bill Johnson - Top Industries OpenSecrets: Rep. Bill Johnson - Top Industries, 2015-2016 OpenSecrets: Rep. Bill Huizenga - 2014 Assets OpenSecrets: Rep. Bill Huizenga - Top Industries OpenSecrets: Senator Jeff Flake - Top Industries OpenSecrets: Rep. Marsha Blackburn - Career Profile OpenSecrets: Communications/Electronics - Money to Congress Sound Clip Sources Hearing: NASA: Past, Present, and Future, House of Representatives, Committee on Science, Space and Technology, February 16, 2017. Video: NASA Authorization Bill Signing, Oval Office, March 21, 2017. Cover Art Design by Only Child Imaginations

Congressional Dish
CD143: Trump’s Law Enforcers

Congressional Dish

Play Episode Listen Later Jan 22, 2017 119:05


The Attorney General and the Secretary of the Department of Homeland Security are the most powerful domestic law enforcement officers in the United States government. In this episode, hear critical highlights from the confirmation hearings of President Trump's nominees for those jobs: Senator Jeff Sessions for Attorney General and General John Kelly for Secretary of DHS. Please support Congressional Dish: Click here to contribute with PayPal or Bitcoin Click here to support Congressional Dish for each episode via Patreon Mail Contributions to: 5753 Hwy 85 North #4576 Crestview, FL 32536 Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD098: USA Freedom Act: Privatization of the Patriot Act Sound Clip Sources Hearing: Attorney General Nomination, Senate Committee on the Judicary, January 10, 2017 Watch on C-SPAN Part 1 Part 2 Part 3 Part 4 Timestamps & Transcripts Part 1 1:12:10 Senator Chuck Grassley: During the course of the presidential campaign, you made a number of statements about the investigation of former Secretary of State Hillary Clinton, relating to her handling of sensitive emails and regarding certain actions of the Clinton Foundation. You weren’t alone in that criticism—I was certainly critical in the same way, as were millions of Americans, on those matters—but now you’ve been nominated to serve as Attorney General. In light of those comments that you made, some have expressed concern about whether you can approach the Clinton matter impartially in both fact and appearance. How do you plan to address those concerns? Jeff Sessions Mr. Chairman, it was a highly contentious campaign. I, like a lot of people, made comments about the issues in that campaign with regard to Secretary Clinton, and some of the comments I made, I do believe that that could place my objectivity in question. I’ve given that thought. I believe the proper thing for me to do would be to recuse myself from any questions involving those kind of investigations that involve Secretary Clinton that were raised during the campaign or could be otherwise connected to it. Sen. Grassley: Okay. I think it’s—let me emphasize, then, with a followup question. To be very clear, you intend to recuse yourself from both the Clinton email investigation, any matters involving the Clinton Foundation, if there are any. Sessions: Yes 1:22:55 Senator Diane Feinstein: Appearing on the TV show 60 Minutes, the president-elect said that the issue of same-sex marriage was “already settled. It’s law. It was settled in the Supreme Court. It’s done, and I’m fine with that.” Do you agree that the issue of same-sex marriage is settled law? Jeff Sessions: Supreme Court has ruled on that. The dissents dissented vigorously, but it was five to four, and five justices on the Supreme Court—a majority of the court—have established the definition of marriage for the entire United States of America, and I will follow that decision. 1:30:05 Senator Orrin Hatch: In the 108th Congress, you introduced Senate Concurrent Resolution 77, expressing the sense of the Congress that federal obscenity laws should be vigorously enforced throughout the United States. It passed the Senate unanimously—it pleased it, too. In fact, it is the only resolution on this subject ever passed by either the Senate or the House. Now, Senator Sessions, with your permission I want to share with you that resolution adopted last year by the Utah legislature outlining why pornography should be viewed as a public health problem, as well as some of the latest research into the harms of obscenity. Is it still your view that federal laws prohibiting adult obscenity should be vigorously enhanced? Jeff Sessions: Mr. Chairman, those laws are clear, and they are being prosecuted today and should be—continue to be effectively and vigorously prosecuted in the cases that are appropriate. Sen. Hatch: In making this a priority for the Justice Department, would you consider reestablishing a specific unit dedicated to prosecuting this category of crime? Sessions: So, that unit has been disbanded—I’m not sure I knew that, but it was a part of the Department of Justice for a long time, and I would consider that. 1:49:40 Senator Patrick Leahy: Do you agree with the president-elect, the United States can or should deny entry to all members of a particular religion? Jeff Sessions: Senator Leahy, I believe the president-elect has, subsequent to that statement, made clear that he believes the focus should be on individuals coming from countries that have history of terrorism, and he’s also indicated that his policy, and what he suggests, is strong vetting of people from those countries before they’re admitted to the United States. 1:55:35 Senator Lindsey Graham: What’s your view of Obama’s administration’s interpretation of the Wire Act law to allow online video poker, or poker gambling? Jeff Sessions: Senator Graham, I was shocked at the memorandum, I guess the enforcement memorandum, that the Department of Justice issued with regard to the Wire Act and criticized it. Apparently, there is some justification or argument that can be made to support the Department of Justice’s position, but I did oppose it when it happened, and it seemed to me to be an unusual— Graham: Would you revisit it? Sessions: I would revisit it, and I would make a decision about it based on careful study. 2:12:55 Senator Dick Durbin: Senator Graham asked this question, and I listened to your answer when he asked you what would happen to those 800,000 currently protected by President Obama’s executive order, known as DACA, who cannot be deported for two years—it’s renewable—and can work for two years, and you said, let Congress pass a comprehensive immigration reform bill. You opposed the only bipartisan effort that we’ve had on the Senate floor in modern memory. And what’s going to happen to those 800,000, if you revoke that order and they are subject to deportation tomorrow, what is going to happen to them? What is the humane, legal answer to that? Jeff Sessions: Well, the first thing I would say is that my response to Senator Graham dealt with whose responsibility this is. I had a responsibility as a member of this body to express my view and vote as I believed was correct on dealing with issues of immigration. That’s not the attorney general’s role; the attorney general’s role is to enforce the law. And as you know, Senator Durbin, we’re not able financially or any other way to seek out and remove everybody that’s in the country illegally. President Trump has indicated that criminal aliens, like President Obama indicated, certainly are the top group of people, and so I would think that the best thing for us to do—and I would urge colleagues that we understand this—let’s fix this system. And then we can work together, after this lawlessness has been ended, and then we can ask the American people and enter into a dialogue about how to compassionately treat people who’ve been here a long time. Durbin: That does not answer the question about 800,000 who would be left in the lurch, whose lives would be ruined while you’re waiting on Congress for a bill that you opposed. Sessions: Well, I thought it did answer it pretty closely about what you asked, and I understand your concerns. 2:31:10 Senator Sheldon Whitehouse: As a question of law, does waterboarding constitute torture? Jeff Sessions: Well, there was a dispute about that when we had the torture definition in our law. The Department of Justice memorandum concluded that it did not necessarily prohibit that, but Congress has taken an action now that makes is absolutely improper and illegal to use waterboarding or any other form of torture in the United States by our military and by all our other departments and agencies. 2:54:50 Senator Amy Klobuchar: If you could just explain your views of the Voting Rights Act moving forward and what would happen in terms of enforcement if you were attorney general. Jeff Sessions: The Voting Rights Act that passed in 1965 was one of the most important acts to deal with racial difficulties that we face, and it changed the whole course of history, particularly in the South. There was a clear finding that there were discriminatory activities in the South that a number of states were systematically denying individuals the right to vote. And you go back into the history, you can see it plainly: actions and rules and procedures were adopted in a number of states, with the specific purpose of blocking African Americans from voting, and it was just wrong, and the Voting Rights Act confronted that. And it, in effect, targeted certain states and required any, even the most minor, changes in voting procedure, like moving a precinct across— Klobuchar: So, how would you approach this going forward? For instance, the Fifth Circuit’s decision that the Texas voter ID law discriminates against minority voters, that was written by a Bush appointee, do you agree with that decision? How would you handle this moving forward? Sessions: Well, I have not studied that. There’s going to be a debate about it, courts are ruling on it now, and that is a voter ID and whether or not that is an improper restriction on voting that adversely impacts disproportionately minority citizens. So that’s a matter that’s got to be decided. On the surface of it, it doesn’t appear to me to be that. I have publicly said I think voter ID laws properly drafted are okay, but as attorney general it’ll be my duty to study the facts in more depth to analyze the law, but fundamentally, that can be decided by Congress and the courts. 3:10:33 Senator Ben Sasse: This administration has made the case regularly that they need to exercise prosecutorial discretion because of limited resources—and, obviously, there aren’t infinite resources in the world—so what are some proper instances, in your view, when an administration might not enforce a law? Jeff Sessions:Well, critics of the immigration enforcement, the DAPA and the DACA laws, said that the prosecutorial-discretion argument went too far. It basically just eliminated the laws from the books. Secondly, with regard to that, the president’s executive—well, the order came from homeland security, not from the Department of Justice, but homeland security’s order not only said we’re not going to force the law, with regard to certain large classifications of people, but those people who’d not been given legal status under the laws of the United States were given photo IDs, work authorization, and social security numbers, and the right to participate in these government programs that would appear to be contrary to existing law. So that would, to me, suggest an overreach. Part 2 1:19:12 Senator Patrick Leahy: Would you use our federal resources to investigate and prosecute sick people who are using marijuana in accordance with their state laws even though it might violate federal law? Jeff Sessions: Well, I won’t commit to never enforcing federal law, Senator Leahy, but absolutely it’s a problem of resources for the federal government. The Department of Justice under Lynch and Holder set forth some policies that they thought were appropriate to define what cases should be prosecuted in states that have legalized, at least in some fashion, some parts of marijuana. Leahy: Do you agree with those guidelines? Sessions: I think some of them are truly valuable in evaluating cases, but fundamentally, the criticism I think that was legitimate is that they may not have been followed. Using good judgment about how to handle these cases will be a responsibility of mine. I know it won’t be an easy decision, but I will try to do my duty in a fair and just way. 1:25:13 Senator Mike Lee: Are there separation-of-powers concerns arising out of the Department of Justice’s current approach to state marijuana laws? Jeff Sessions: Well, I think one obvious concern is that the United States Congress has made the possession of marijuana, in every state, and distribution of it an illegal act. If that’s something is not desired any longer, Congress should pass a law to change the rule. It’s not so much the attorney general’s job to decide what laws to enforce; we should do our job and enforce laws effectively as we’re able. 1:48:18 Senator Dianne Feinstein: Thanks very much, Mr. Chairman. Just to begin, I would like to ask unanimous consent that all statements and written testimony sent to the committee concerning Senator Sessions be made part of the record, and I have some testimonies and letters. Chairman: Without objection, so ordered. Feinstein: Thank you very much. Senator Sessions, when I was a small child, it was during World War II, and my father took me to a racetrack south of San Francisco called Tanforan, and it had become a detention camp for Japanese American citizens, and during the length of World War II, well, thousands of families were held in this compound. And we checked with CRS that says no Japanese American was ever convicted of any sabotage against the United States during that period of time. Senator Lee, Senator Cruz, and I have tried together to enact a bill to assure that no American citizen or lawful permanent resident detained in the United States can be held indefinitely without charge or trial, pursuant to authorization of military force. So, here’s the question: do you believe that the government can, pursuant to a general authorization to use military force, indefinitely detain Americans in the United States without charge or trial? Jeff Sessions: Senator Feinstein, that’s an important question. Classically, the answer is yes. Classically, if you captured a German soldier, they could be held until the war ended. That was done, I’m sure, at the Civil War and most wars since. Feinstein: I’m talking about Americans. Sessions: I hear you. So, then, the question is, we’re in a war like we have now that’s gone on multiple years, and I would think the principal of law certainly would appear to be valid, but as reality dawns on us and wars might be even longer, it’s on us to discuss those issues. So I respect your willingness to think about that and what we should do, but in general I do believe, as Senator Graham has argued forcefully for many years, that we are in a war, and when members who—unlike the Japanese who were never proven to be associated with a military regime like the Japanese government, these individuals would have to be proven to be connected to a designated enemy of the United States. So I’ve probably explained more than I should, but that’s basically the arguments and the issues we’re facing. I respect your concerns, and I’m sure they will continue to be debated in the future. Feinstein: Well, let me just say a few things about that. I’ve served on the intelligence committee for fifteen years. I read all of it. I think I know as much as anybody about what’s happening in the United States, and this is not—these are Americans that we’re talking about. They can be picked up and detained and held without charge— Sessions: You’re talking about Americans. Feinstein: —of trial indefinitely. And that should not be the case. Sessions: Well, I understand your point, and a citizen of the United States has certain important rights. They cannot be abrogated. It is absolutely so. They cannot be detained without undergoing a habeas review, and the government surely has to prove that they are indeed connected sufficiently with an enemy action against the United States, so they couldn’t be detained. Feinstein: Well, I appreciate that. 1:52:32 Senator Dianne Feinstein: You were one of nine senators to vote against the Detainee Treatment Act of 2005. It prohibited the imposition of cruel, inhuman, or degrading treatment or punishment of any person in the custody or control of U.S. personnel. You also voted against an amendment sponsored by Senator McCain in the 2016 Defense Authorization bill to limit interrogations to the techniques provided by the army field manual, which does not include waterboarding. Do you agree that the CIA’s former enhanced interrogation techniques, including waterboarding, are prohibited by this provision of law as now codified at 42 U.S.C. 2000dd? Jeff Sessions: It does appear to be clear that on the last act and McCain amendment would prohibit waterboarding. Feinstein:And you would enforce that. Sessions: I would enforce the law, yes. Feinstein: Thank you very much. 1:56:50 Senator John Kennedy: My name is John Kennedy. That’s really my name. 2:01:33 Senator John Kennedy: When a radical Islamic terrorist drives a truck into a group of people and kills them, we’re told that we should not judge all Muslims by the act of a few. And I agree with that. Don’t you think the same rule ought to apply when one or two law enforcement officers make a mistake? Don’t you think that same rule ought to apply to all the other 99.9 percent law enforcement officials out there who just get up every day and go to work and try to protect us? Jeff Sessions: Well, I really do. And I think those of us in high public office do need to be cautious about demeaning whole departments and whole groups of people, because within those, most any department you can find in America, surely most of the people are just wonderful public servants trying to do the right thing. So when we say these things, we can increase risk for them, we can make it harder for them to have relationships with the constituents where they’re serving, and actually result in an increase in crime and ineffectiveness in law enforcement. So, boy, these issues are—we can’t miss these issues. Kennedy: No. Part 3 3:20 Senator Sheldon Whitehouse: Does a secular attorney have anything to fear from an Attorney General Sessions in the Department of Justice? Jeff Sessions: Well, no, and I used that word in the ninety-thousand-foot level of a little concern I have that we as a nation, I believe, are reaching a level in which truth is not sufficiently respected, that the very ideal, the idea, of truth is not believed to be real, and that all of life is just a matter of your perspective and my perspective, which I think is contrary to the American heritage. So that’s just a kind of a criticism of mine, but we are not a theocracy, nobody should be required to believe anything. I share Thomas Jefferson’s words on the Memorial over here—I swear eternal hostility over any domination of the mind of man—and I think we should respect people’s views and not demand any kind of religious test for holding office. Whitehouse: And a secular person has just as good a claim to understanding the truth as a person who is religious, correct? Sessions: Well, I’m not sure. In what method? Is it less objectively committed to— Whitehouse: In the methods that an attorney would bring to bear a case. Sessions: Well, let me just say we’re going to treat anybody with different views fairly and objectively. 59:04 Senator Chris Coons: We worked together to restore funding to the federal public defender service when it was cut by sequestration, and I think that’s because we both agreed that outcomes are more fair when there’s effective representation on both sides. One of the amendments I offered to that immigration bill would have provided counsel to children who were applying for refugee status because they were fleeing violence in their home countries, in U.S. immigration proceedings. Is that something you would support? Jeff Sessions: Senator Coons, as I understand it, that is the law, that you cannot provide lawyers to illegal entrants into the country, and I don’t believe it makes a distinguished—it distinguishes between minors and adults, but I may be wrong about that. I presume that’s why you’ve offered legislation to that effect to change established law, but in general I do not believe we can afford nor should we undertake to provide free lawyers for everybody that enters the country unlawfully. I think that would be a massive undertaking. So you’re talking about children specifically, I understand that. Coons: Specifically doesn’t matter... Sessions: And I think that’s a matter that Congress would need to decide what to do about. 1:02:25 Jeff Sessions: I would not favor a registry of Muslims in the United States—no, I would not—and I think we should avoid surveillance of religious institutions unless there’s a basis to believe that a dangerous or threatening illegal activity could be carried on there. 1:28:03 Senator Lindsey Graham: Let’s talk about the law of war. I think you were asked by Senator Feinstein about the indefinite detention. Hamdi v. Rumsfeld—this is Sandra Day O’Connor’s quote: There is no bar to this nation’s holding one of its own citizens as an enemy combatant—that case involved a U.S. citizen that was captured in Afghanistan and was held as an enemy combatant. Are you familiar with that case? Jeff Sessions: Generally, yes. Not as familiar as you, but I know you’ve studied at great depth. Graham: Well, this has been a military law. This is sort of part of what I did. Do your constitutional rights as a U.S. citizen stop at the nation’s shores, or do they follow you wherever you go? Sessions: Well, you have certain rights wherever you go. Graham: So if you go to Paris, you don’t give up your Fourth Amendment right against illegal search and seizure. Could the FBI break into your hotel room in Paris and, basically, search your room without a warrant? Sessions:I don’t believe— Graham :No, they can’t. Your constitutional rights attach to you. So, to the people who say, well, he was in Afghanistan—that doesn’t matter. What the court is telling us, no American citizen has a constitutional right to join the enemy at a time of war. In Ray Quirin—that case involved German saboteurs who landed in Long Island. Are you familiar with this? Sessions: I’m very familiar with that case. I have read it. Graham: They were German saboteurs and had American-citizen contacts in the United States. They were all seized by the FBI and tried by the military. So, what I would tell Senator Feinstein and my other colleagues—the law is well settled here, that a United States citizen in other wars have been held as enemy combatants when the evidence suggests they collaborated with the enemy. Under the current law, if you’re suspected of being an enemy combatant, within a certain period of time—sixty days, I think—the government has to present you to a federal judge and prove by preponderance of the evidence that you’re a member of the organization they claim you to be a member of. Are you familiar with that—your habeas rights? Sessions: Correct, yes. Graham: So, as to how long an enemy combatant can be held, traditionally under the law of war, people are taken off the battlefield until the war is over or they’re no longer a danger. Does that make sense to you? Sessions: It does make sense, and that is my understanding of the traditional law of war. Graham: And the law of war is designed to, like, win the war. The laws around the law of war are designed to deal with conflicts and to take people off the battlefield—you can kill or capture them—and there’s no requirement like domestic criminal law, at a certain point in time they have to be presented for trial, because the goal of the law of war is to protect the nation and make sure you win the war. So when you capture somebody who’s been adjudicated a member of the enemy force, there is no concept in military law or the law of war that you have to release them in an arbitrary date because that would make no sense. So, all I’m saying is that I think you’re on solid ground and this idea of an American citizen being an enemy combatant is part of the history of the law of war, and I am very willing to work with my colleagues and make sure that indefinite detention is reasonably applied and that we can find due process rights that don’t exist in traditional law of war because this is a war without end. When do you think this war will be over? Do you think we’ll know when it’s over? Sessions: I’ve asked a number of witnesses in armed services about that, and it’s pretty clear we’re talking about decades before we have a complete alteration of this spasm in the Middle East that just seems to have legs and will continue for some time. That’s most likely what would happen. Graham: You’re about to embark on a very important job at an important time, and here’s what my suggestion would be: that we work with the Congress to come up with a legal regime that recognizes that gathering intelligence is the most important activity against radical Islam. The goal is to find out what they know. Do you agree with that? Sessions: That is a critical goal. Graham:And I have found that under military law and military intelligence gathering, no manual I’ve ever read suggested that reading Miranda rights is the best way to gather information. As a matter of fact, I’ve been involved in this business for 33 years, and if a commander came to me as a J.A.G. and said, we just captured somebody on the battlefield—you name the battlefield—they want their rights read to them, I would tell them they’re not entitled to Miranda rights. They’re entitled to Geneva Convention treatment, they’re entitled to humane treatment, they’re entitled to all the things that go with the Geneva Convention because the court has ruled that enemy combatants are subject to Geneva Convention protections. So, I just want to let you know, from my point of view, that we’re at war; I’m encouraged to hear that the new attorney general recognizes the difference between fighting a crime and fighting a war and that the next time we capture bin Laden’s son-in-law—if he’s got any more—I hope we don’t read him his Miranda rights in two weeks. I hope we keep him, humanely, as long as necessary to interrogate him to find out what the enemy may be up to. Does that make sense to you? Sessions:Well, it does. We didn’t give Miranda warnings to German and Japanese prisoners we captured, and it’s never been part of the—so they’re being detained and they’re subject to being interrogated properly and lawfully any time, any day, and they’re not entitled to a lawyer, and so forth. Graham: Right. And Miranda didn’t exist back in World War II, but it does now, but the law of the Hamdi case says this is very important, that you do not have to read an enemy combatant the Miranda rights. They do have a right to counsel in a habeas pursuit— Sessions: In a habeas corpus, you’re correct. Graham: —to see if the government got it right; you can hold them as long as it’s necessary for intelligence gathering; and you can try them in Article III course, you can try them in military commissions. As attorney general of the United States, would you accept that military commissions could be the proper venue under certain circumstances for terrorists? Sessions: Yes. Graham: Thank you. Hearing: Nomination of General John F. Kelly, USMC (Ret.) to be Secretary, U.S. Department of Homeland Security, Senate Committee on Homeland Security & Government Affairs, January 10, 2017. Watch on C-SPAN Timestamps & Transcripts 1:37:18 Senator Kamala Harris: I’d like to ask you a few questions, starting with the Deferred Action for Childhood Arrivals, also known as DACA. Hundreds of thousands of DACA recipients around the country are afraid right now for what this incoming administration might do to them and also what it might do to their unauthorized family members. In order to receive DACA, these young people submitted extensive paperwork to the federal government, including detailed information regarding themselves and their loved ones. They also had to qualify, as you know, for the program; and in qualifying, each person’s case was reviewed and determined on a case-by-case basis: the young person must have not been convicted of a felony or a significant misdemeanor or three or more misdemeanors; the young person must also not be deemed to pose a threat to national security or public safety; the young person must currently be in school, have graduated or obtained a certificate of completion from high school, have obtained a general-education development certificate, also known as GED, and/or have been honorably discharged as a veteran of the Coast Guard or armed forces of the United States. Among other things, DACA applicants must submit proof of identity, proof of time and admission in the United States, proof of relevant student school completion or military status, and biometric information. As part of the DACA application process, we conduct biometric and biographic background checks against a variety of databases maintained by DHS and other federal agencies. If a DACA applicant knowingly makes a misrepresentation or fails to disclose facts in an effort to obtain DACA, it is a felony, and the applicant will be treated as an immigration-enforcement priority to the fullest extent permitted by law and be subject to criminal prosecution and/or removal from the United States. This means, obviously, that applicants to DACA know that if they’re not giving us the whole truth about their story, they’re putting a target on their own backs. At the time, the Department of Homeland Security assure them that it would follow its long-standing practice of not using such information for law-enforcement purposes except in very limited circumstances. These young people are now worried that the information that they provided in good faith to our government may now be used to track them down and lead to their removal. So my question is, do you agree that under DACA, and those young people have relied—by hundreds of thousands of them have relied—on our representations, do you agree with that, that we would not use this information against them? General John Kelly: The entire development of immigration policy is ongoing right now in terms of the upcoming administration. I have not been involved in those discussions. If confirmed, I know I will be involved in those discussions. I think there’s a big spectrum of people who need to be dealt with in terms of deportation— Harris: I’m speaking specifically about DACA.General Kelly: —and those categories would be prioritized. I would guess—I’m not part of the process right now—I would guess that this category might not be the highest priority for removal. I promise you, Senator, that I will be involved in the discussion. 1:45:00 Senator Rand Paul: We have on the books, and we passed about five years ago, a law that says that an American citizen can be indefinitely detained—not an American citizen overseas, not someone captured in Syria on a battlefield. Someone captured in the United States and accused of terrorism—accused of terrorism—can be kept indefinitely. They could be sent to Guantanamo Bay, but they could be sent to a variety of places. It’s never been used—and this president has said he wouldn’t use it, but he signed it anyway, much to the chagrin of some of us—but it is on the books. And I guess my question to you would be, do you think we can adequately arrest people in our country who are somehow a threat to our homeland security? Do you think the Constitution could be good enough, that due process in our courts of law in our country would work? Or would you think there’re going to have to be times when we’re just going to have to detain people without trial? General John Kelly: I’m pretty committed to the Constitution. I was not aware of the law—it surprises me—but I think we have enough laws to help us out in that regard. Paul: A couple of years ago they decided they’d use license plate screeners, and, apparently, they’re very rapid and they can collect hundreds and hundreds, if not thousands, of license plates an hour. But they decided they would go to a gun show, and why this particularly concerns me is you could also conceive the people at a gun show as exercising some sort of freedom of speech or some sort of ideological belief by being at a gun show, not just wanting to buy a gun, but actually defending their Second Amendment right to buy a gun. What alarms me is that if we’re going to scan license plates at a gun show, that we might go to a pro-life rally or a pro-abortion rally, depending on who’s in charge. I don’t want the government scanning people’s license plates. I don’t want them covering and getting all of our data just so we can possibly be safe some day from something. I want the individual to be protected, but I’m not against Homeland Security going after individuals and digging as deep as you want with the proper process. So what I would ask you is your opinion on how do we defend the country? Can we do it with the traditions of looking at individuals for whom we have suspicion, or are we going to have to collect all of this data and give up our privacy in the process? General Kelly: Senator, I would go with the traditional route. The scanning of the license plates, I mean, may be a reason—I can’t think of one right now. I’m not for the mass collection of data on people. I’d go the other way. Paul: And this is an amazing amount of information we can look at. If you had all the information of everyone’s Visa purchases in the country, there’s no end. But realize that this is a big part of what your job is, is people are going to be coming to you saying, protect us; we want to be safe, but at the same time, what are we willing to give up? Can we keep what we actually believe and what we are as a people, the freedom that you are committed to as a soldier? And I hope you’ll keep that in mind. General Kelly: Sir. Paul: Thank you. 2:15:08 General John Kelly: My law-enforcement friends tell me that in the case of drugs that come in—frankly, I’m not arguing for legalization for marijuana here; I’m just saying that the only drugs I’ve really ever concerned myself with at SouthCom were the three hard drugs. All the marijuana flow that we saw was coming from some of the Caribbean islands, south. So I’d just focus on the hard drugs. Hearing: Is the Department of Justice Adequately Protecting the Public from the Impact of State Recreational Marijuana Legalization?, Senate Caucus on International Narcotics Control, April 05, 2016. Watch on YouTube Senate Session: Republican Senators on Surveillance Bill Reauthorization, May 15, 2015. Jeff Sessions speaks at 28:18 Senate Session: Jeff Sessions Mocks Karl Rove, June 21, 2013. Additional Reading Article: 10 Things You Didn't Know about Gen. John Kelly by Sara Clarke, US News, January 17, 2017. Article: 10 things to know about Sen. Jeff Sessions, Donald Trump's pick for Attorney General by Amber Phillips, The Washington Post, January 10, 2017. Article: Sessions failed to disclose oil interests as required, ethics experts say by Tom Hamburger, The Washington Post, January 9, 2017. Article: Trump picks retired General John Kelly to lead Homeland Security, report says by Ben Jacobs and Spencer Ackerman, The Guardian, December 7, 2016. Article: Bowe Bergdahl, Facing Desertion Trial, Asks Obama for Pardon by Charlie Savage, New York Times, December 2, 2016. Webpage: State Marijuana Laws in 2016 Map, Governing the States and Localities, November 11, 2016. Article: Gutting Habeas Corpus by Liliana Segura, The Intercept, May 4, 2016. Press Release: Senators Introduce Restoration of America's Wire Act, Senator Dianne Feinstein, June 24, 2015. Article: The Destruction of Defendant's Rights by Lincoln Caplan, The New Yorker, June 21, 2015. Commentary: The Wire Act Ñ Don't Fix What Isn't Broken by John Pappas, Roll Call, March 18, 2015. Article: Department Of Justice Flip-Flops On Internet Gambling by Nathan Vardi, Forbes, December 23, 2011. Article: Holder accused of neglecting porn by Josh Gerstein, Politico, April 16, 2011. Article: American Lawbreaking by Tim Wu, Slate, October 15, 2007. Justice Dept. Memo May 5, 2005. Supreme Court Opinion: Hamdi vs Rumsfeld by Justice O'Connor, Supreme Court, June 28, 2004. References Legal Dictionary at Cornell University: Habeas Corpus U.S. Code: Production and transportation of obscene matters for sale or distribution Cover Art Design by Only Child Imaginations

Like I'm A Six-Year-Old
83 - Timothy Rosenberger

Like I'm A Six-Year-Old

Play Episode Listen Later Nov 16, 2016 84:55


On the dancefloor at Mardi Gras this year, I met Tim Rosenberger. He is a gay, conservative, Republican law grad from Ohio. And he has supported Donald Trump's candidacy for President of the United States. That candidacy was successful. And now we're here.  Here I have a lengthy chat with Tim via Skype about why he thinks Trump and Pence will be good for LGBTIQ+ Americans, racial politics, "pussy-gate", the electoral college, Clinton, climate change PC, identity politics and much more. I listened. It was hard and frustrating. But useful. I hope. #MAGA The World Keeps Happening is being filmed for Stan at the Comedy Theatre on Saturday December 3rd Boundless Plains To Share at Belvoir Theatre in January 2017 Boundless Plains to Share at Adelaide Fringe in February 2017 @TimJRJR @twinksfortrump Article: Aftermath - 16 writers on Trump's America in The New Yorker Article: Trump warms to Electoral College, 4 Years After Calling it a "Disaster For Democracy" Article: Reports of anti-LGBTQ extremists tapped for major roles on President-Elect Trump's transition Article: Trump's Muslim register database - an explainer on Vox Article: The Democrats are screwing up the resistance to Donald Trump by Jamelle Bouie Article: Bursting the Facebook bubble - we asked voters on the left and right to swap feeds Article: Virginia's governor restores voting rights for 13,000 felons Article: China will soon trump America: the country is now the global leader in climate change reform  Article: Trump in the White House - an interview with Noam Chomsky Cause of the Week: Safe Schools Coalition (safeschoolscoalition.org.au), Log Cabin Republicans (logcabin.org)