The Senate voted Wednesday to rescind a Biden administration emissions regulation for heavy-duty trucks that Republicans decry as too burdensome, warning it will hurt the trucking industry and have negative ripple effects through the economy.
The vote was 50-49, with Sen. Joe Manchin of West Virginia the only Democrat to vote with Republicans.
Republicans utilized the Congressional Review Act, which allows them to bypass Democrats who control the chamber and force a floor vote to revoke the rule at a majority threshold, not the 60 votes often needed to pass legislation.
The Republican-led House is expected to pass the measure as well, although it’s unlikely either chamber would be able to override an expected veto by President Joe Biden. The Office of Management and Budget issued a veto threat ahead of the vote.
The final rule, which was adopted by the Environmental Protection Agency in December, sets “new emission standards that are significantly more stringent and that cover a wider range of heavy-duty engine operating conditions compared to today’s standards,” according to the EPA, which said the change is needed because emissions from those trucks are “important contributors to concentrations of ozone and particulate matter and their resulting threat to public health.”
Wednesday, April 26, 2023
Last Call For The Manchin On The Hill, Con't
Ron's Gone Wrong, Con't
Walt Disney Co. sued Florida Gov. Ron DeSantis on Wednesday, alleging the Republican governor has waged a “relentless campaign to weaponize government power” against the company amid a protracted fight over a controversial classroom bill.
The federal lawsuit alleges that DeSantis “orchestrated at every step” a campaign to punish Disney that now threatens the company’s business.
The move dramatically escalates the drawn-out feud between DeSantis, who is expected to become a top Republican contender for the 2024 presidential race, and Disney, which is among Florida’s largest employers.
The fight began last year, Disney came out against a Florida bill limiting classroom discussion of sexual orientation or gender identity, dubbed “Don’t Say Gay” by critics. Soon after, the governor and his allies targeted the special tax district that has allowed Disney to essentially self-govern its Florida operations since the 1960s.
The lawsuit was filed on the same day that the district’s board of supervisors, which DeSantis had picked to take control over Disney’s Orlando-area parks, moved to undo a development deal that it says Disney struck to thwart its power.
The panel unanimously voted to declare “void and unenforceable” that development deal, which was approved shortly before DeSantis replaced the Disney-approved board with his preferred supervisors.
The lawsuit called that action the “latest strike,” saying the development contracts “laid the foundation for billions of Disney’s investment dollars and thousands of jobs.”
“The government action was patently retaliatory, patently anti-business, and patently unconstitutional,” Disney alleged in the civil complaint in U.S. District Court in northern Florida.
Cruzin' For A Bruisin', Con't
Sen. Ted Cruz advocated the creation of a congressionally appointed electoral commission ahead of the Jan. 6, 2021, attack on the U.S. Capitol to make a credible assessment of unsubstantiated claims of voter fraud in the 2020 election, according to a recording made by Abby Grossberg, a former producer at Fox News.
The Jan. 2, 2021, recording, provided to The Washington Post by Grossberg’s attorney, largely mirrors previous reports and public statements made by Cruz about efforts to overturn the election results. But the tape featuring a previously private conversation among Cruz, Grossberg and Fox Business host Maria Bartiromo on the push to deny the certification of Joe Biden’s victory on Jan. 6, 2021, sheds new light on the scope of Cruz’s scheming to assist Donald Trump in overturning Biden’s victory.
Cruz says in the recorded conversation that he successfully organized 11 senators to object to the electoral certification as the mechanism to establish a commission. Cruz was the first senator to object to the electoral college results, joining Rep. Paul A. Gosar (R-Ariz.) in challenging Arizona’s electoral certification. The Post has previously reported on Cruz’s proposal of delaying the certification of the electoral college results to spark a 10-day “audit” that could enable GOP state legislatures to overturn the election results.
“You need an adjudicatory body with fact-finding and investigative authority to consider the facts to examine the record and to make determinations — that’s how they did it in 1877,” Cruz told Grossberg and Bartiromo, referencing the commission created to investigate voter fraud in the 1876 Hayes-Tilden election.
Cruz added that he would have rather seen “these facts developed in a court of law” but goes on to cast doubt on the Supreme Court’s ultimate determination to reject the lawsuits filed to challenge the election Trump had lost. “Unfortunately the courts that heard these cases — we did not have a full and thorough consideration,” Cruz said.
Cruz tweeted on Tuesday night in response to the tape, first reported by MSNBC host Ari Melber: “This @msnbc [clown] is breathlessly reporting that I ‘secretly’ said in a phone call … the EXACT same thing I said on national television the next morning! And then said again on the Senate floor four days later.”
In the plan Cruz laid out to the Fox News host and her producer, if a majority of the House and the Senate objected to electoral certification on Jan. 6, 2021, then an electoral commission would be stood up immediately, commencing a 10-day review period to be completed before the inauguration.
If the commission found “credible evidence of fraud that undermines confidence in the electoral results in any given state,” then the state would then call a special session and recertify results, according to Cruz.
“Is there any chance you can overturn this?” Bartiromo asked Cruz.
“I hope so,” he responded.
Tuesday, April 25, 2023
The Road To Gilead Goes Through North Dakota
North Dakota on Monday adopted one of the strictest anti-abortion laws in the country as Republican Gov. Doug Burgum signed legislation banning the procedure throughout pregnancy, with slim exceptions up to six weeks’ gestation.
In those early weeks, abortion would be allowed only in cases of rape, incest or medical emergency, such as ectopic pregnancy.
“This bill clarifies and refines existing state law ... and reaffirms North Dakota as a pro-life state,” Burgum said in a statement.
Last year’s U.S. Supreme Court ruling overturning the 1973 Roe vs. Wade decision that legalized abortion nationwide has triggered multiple state laws banning or restricting the procedure. Many were met with legal challenges. Currently, bans on abortion at all stages of pregnancy are in place in at least 13 states and on hold in others because of court injunctions. On the other side, Democratic governors in at least 20 states this year launched a network intended to strengthen abortion access in the wake of the U.S. Supreme Court decision that eliminated women’s constitutional right to end a pregnancy and shifted regulatory powers over the procedure to state governments.
The North Dakota law is designed to take effect immediately, but last month the state Supreme Court ruled a previous ban is to remain blocked while a lawsuit over its constitutionality proceeds. Last week, lawmakers said they intended to pass the latest bill as a message to the state’s high court signaling that the people of North Dakota want to restrict abortion.
Supporters have said the measure signed Monday protects all human life, while opponents contend it will have dire consequences for women and girls.
North Dakota no longer has any abortion clinics. Last summer, the state’s only facility, the Red River Women’s Clinic, shut its doors in Fargo and moved operations a short distance across the border to Moorhead, Minnesota, where abortion remains legal. The clinic’s owner is still pursuing a lawsuit challenging the constitutionality of North Dakota’s previous abortion ban.
It’s expected that this new ban will also be the subject of legal challenges.
Orange Meltdown, Con't
In a Manhattan courtroom on Tuesday, a jury will begin hearing E. Jean Carroll’s allegation that former President Donald J. Trump raped her more than two decades ago in a department store dressing room, in a proceeding that seeks to apply the accountability of the #MeToo era to a dominating political figure.
The trial in Federal District Court in Manhattan, expected to last one to two weeks, stems from a lawsuit and will take place amid a barrage of legal action aimed at Mr. Trump, who is running to regain the presidency and arguing that the suits and investigations are meant to drag him down.
Ms. Carroll, a former magazine columnist, said nothing publicly about the encounter for decades before publishing a memoir in 2019 that accused Mr. Trump of attacking her.
In the suit, Ms. Carroll, 79, says that one evening in the mid-1990s, she visited the luxury department store Bergdorf Goodman, where she was a regular shopper. There, the suit says, she ran into Mr. Trump. The two had met at least once before, and they traveled in the same New York City circles, the suit says. He said he was shopping for a present for “a girl,” and he asked her to advise him. She says she eventually accompanied him to the lingerie department where, she contends, he maneuvered her into a dressing room and raped her.
Mr. Trump, 76, has denied that he raped Ms. Carroll, has accused her of lying and has attacked her repeatedly in public statements and on social media, both while in office and after leaving. In 2019, after she published her account, he called her allegation “totally false” and said he could not have raped her because she was not his “type.” Last October, he said again, in a post on Truth Social, that she was not telling the truth and that the case was a “complete con job.”
Ms. Carroll’s lawyers will ask the jury to find Mr. Trump liable for battery, and if he is found responsible, to award monetary damages.
Fulton County District Attorney Fani Willis on Monday said she would announce this summer whether former President Donald Trump and his allies would be charged with crimes related to alleged interference in Georgia’s 2020 election.
Willis revealed the timetable in a letter to local law enforcement in which she asked them to be ready for “heightened security and preparedness” because she predicted her announcement “may provoke a significant public reaction.”
In the letters, Willis said she will announce possible criminal indictments between July 11 and Sept. 1, sending one of the strongest signals yet that she’s on the verge of trying to obtain an indictment against Trump and his supporters.
“Please accept this correspondence as notice to allow you sufficient time to prepare the Sheriff’s Office and coordinate with local, state and federal agencies to ensure that our law enforcement community is ready to protect the public,” Willis wrote to Fulton Sheriff Patrick Labat.
Similar letters were hand delivered to Darin Schierbaum, Atlanta’s chief of police, and Matthew Kallmyer, director of the Atlanta-Fulton County Emergency Management Agency.
“We have seen in recent years that some may go outside of public expressions of opinion that are protected by the First Amendment to engage in acts of violence that will endanger the safety of those we are sworn to protect,” Willis wrote. “As leaders, it is incumbent upon us to prepare.”
Trump has called for mass demonstrations in response to overreach from prosecutors — triggering concerns about violent unrest not unlike the Jan. 6, 2021, insurrection he promoted.
investigation, which Willis launched more than two years ago, said the letters suggest that Willis will seek charges against the former president.
“It obviously seems to imply the case against Trump will be presented to a grand jury,” former Gwinnett County District Attorney Danny Porter said. “I don’t think any of the other targets would raise that level of caution. I think that’s the obvious implication.”
Norm Eisen, a former ethics czar under President Barack Obama who co-authored a Brookings Institute report on the Fulton probe, agreed.
“While she does not have the former president’s name in her letter, the evidence and the applicable law in Georgia point to the substantial likelihood that Donald Trump and his principal co-conspirators will be included when she follows through on the plans she confirms in this letter,” Eisen said.
Monday, April 24, 2023
Last Call For Ron's Gone Wrong, Con't
In the end, the College Board realized that folding to Florida GOP Gov. Ron DeSantis and abandoning the uncomfortable parts of America's Black history was authoritarian white supremacy, and is going to at least try to fix the problem.
The College Board said on Monday that it would revise its Advanced Placement African American studies course, less than three months after releasing it to a barrage of criticism from scholars, who accused the board of omitting key concepts and bending to political pressure from Gov. Ron DeSantis, who had said he would not approve the curriculum for use in Florida.
While written in couched terms, the College Board’s statement appeared to acknowledge that in its quest to offer the course to as many students as possible — including those in conservative states — it watered down key concepts.
“In embarking on this effort, access was our driving principle — both access to a discipline that has not been widely available to high school students, and access for as many of those students as possible,” the College Board wrote on its website. “Regrettably, along the way those dual access goals have come into conflict.”
The board, which did not respond immediately to an interview request, said on its website that a course development committee and experts within the Advanced Placement staff would determine the changes “over the next few months.”
The College Board, a billion-dollar nonprofit that administers the SAT and A.P. courses, ran headlong into a conflict between two sides unlikely to find any room for compromise. Black studies scholars believe that concepts the board de-emphasized — like reparations, Black Lives Matter and intersectionality — are foundational to the college-level discipline of African American studies. Conservatives — politicians, activists and some parents — believe the field is an example of liberal orthodoxy, and they are concerned that schools have focused too much on issues such as racism and systemic oppression.
Some leading scholars in Black studies have signed petitions calling on the College Board to revise the course, and are planning a nationwide day of protest on May 3 around “freedom to teach and to learn.” Civil rights groups and teachers’ union leaders are also set to participate.
The College Board, which relies on state participation to administer its courses and tests, had denied that politics had anything to do with its changes to the curriculum. But over the course of last year, the board repeatedly discussed the content of the class with Florida officials, who objected to specific ideas that were later removed or de-emphasized.
In January, Mr. DeSantis announced that Florida would not allow the course to be offered in its high schools, saying that it was not “historically accurate” and violated state law.
In its written statement, the College Board said an updated course, “shaped by the development committee and subject matter experts from A.P., will ensure that those students who do take this course will get the most holistic possible introduction to African American studies.”
Tucker, Not Everlasting
Tucker Carlson, the top-rated host at Fox News, is leaving the network.
The abrupt departure of the controversial prime time figure comes a week after Fox News reached a $787.5 million settlement with Dominion Voting Systems over the network’s promotion of former President Donald Trump’s false 2020 election claims.
That bombshell settlement — the biggest media payout in history — prompted many to question if Rupert Murdoch would make major changes at the network.
Carlson found himself embroiled in serious controversy throughout his time at Fox News. In recent weeks, a lawsuit from a former booker at the network, Abby Grossberg, accused Carlson’s staff of making anti-Semitic jokes, liberal use of the word “cunt” in the office, and casual misogyny.
Read Fox’s statement below:
NEW YORK — April 24, 2023 — FOX News Media and Tucker Carlson have agreed to part ways. We thank him for his service to the network as a host and prior to that as a contributor.Mr. Carlson’s last program was Friday April 21st. Fox News Tonight will air live at 8 PM/ET starting this evening as an interim show helmed by rotating FOX News personalities until a new host is named.FOX News Media operates the FOX News Channel (FNC), FOX Business Network (FBN), FOX News Digital, FOX News Audio, FOX News Books, the direct-to-consumer streaming services FOX Nation and FOX News International and the free ad-supported television service FOX Weather. Currently the number one network in all of cable, FNC has also been the most watched television news channel for more than 21 consecutive years, while FBN ranks among the top business channels on cable. Owned by Fox Corporation, FOX News Media reaches nearly 200 million people each month.
A source familiar with the situation told Axios that the firing was not part of the settlement agreement. A slew of material was uncovered during pre-trial discovery that implicated Carlson. More information could be out there that could be legally damaging for Fox as it stares down more defamation cases.
A former Fox News producer Abby Grossberg, who is suing the network for allegedly trying to manipulate her testimony during pre-trial discovery for the Dominion case, said in a legal filing just before the trial that there were Fox News tapes showing Rudy Giuliani and other Trump allies admitting they had no evidence to support their claims about Dominion election fraud.
In private text messages with other Fox News hosts, Carlson pressed to get a fellow Fox News reporter fired for accurately fact-checking a tweet from Donald Trump that praised Fox News' coverage about the voting machines and referenced Dominion Voting Systems.
Carlson did not immediately respond to an Axios request for comment.
He's gone, he didn't even get his goodbye show.
Ridin' With Biden, Con't
President Biden is expected to announce his official reelection campaign tomorrow, naming the granddaughter of Cesar Chavez, Julie Chavez Rodriguez, as his campaign manager.
President Biden is set to name Julie Chavez Rodriguez, a senior West Wing official and longtime Democratic Party activist, to manage his reelection campaign, three people familiar with the ongoing deliberations tell CBS News.
Chavez Rodriguez currently serves as a senior adviser and assistant to the president — among the highest staff positions in the West Wing — and director of the White House Office of Intergovernmental Affairs, which makes her responsible for outreach to mayors, county executives and governors, especially regarding implementation of the Biden administration's agenda and in response to natural or other large-scale disasters.
Those familiar with the ongoing deliberations about the reelection campaign said Sunday that several key staffing and operational decisions remain to be made and that while the campaign is expected to launch with a video message on Tuesday, the date could slide if these key appointments are not yet made.
The president has been spending the weekend at Camp David with First Lady Jill Biden and other senior aides sorting out the finishing touches of the campaign.
The White House and Democratic National Committee did not respond to requests for comment. Chavez Rodriguez did not respond to requests for comment.
If the president announces his re-election campaign on Tuesday as expected, it will surprise many DNC officials and other party activists who had begun to anticipate an announcement over the summer. These leaders and activists had been led to believe the president was in no rush because of the ongoing squabbling among GOP presidential contenders and the lack of a serious Democratic primary challenger.
Instead, there has been a mad rush to prepare for a Tuesday launch. The campaign launch video was still being edited as of late last week, according to one person familiar with the planning.
Once tapped for the role by Mr. Biden, Chavez Rodriguez is poised to run day-to-day operations from campaign headquarters, which will be either in the president's hometown of Wilmington, Delaware, or nearby Philadelphia, where he based his 2020 campaign, according to the people familiar with the coordination.
But the big-picture, strategic decisions and coordination of the president's official and campaign schedules are still expected to be crafted mostly by a group of senior aides who are likely to split their time between the White House and campaign duties. That group includes others who officially serve as senior advisers and assistants to the president — Mike Donilon, Anita Dunn, Bruce Reed and Steve Ricchetti — plus Chief of Staff Jeffrey D. Zients, and deputy Chief of Staff Jennifer O'Malley Dillon, who managed the 2020 campaign.
Sunday, April 23, 2023
Sunday Long Read: Little Fires Everywhere
More and more local governments are falling to MAGA extremist terrorists, happening in blue states as well as in red. Our pair of Sunday Long Reads focus on two such counties, first, Ottawa County, Michigan in this piece by WaPo's Greg Jaffe and Patrick Marley:
The eight new members of the Ottawa County Board of Commissioners had run for office promising to “thwart tyranny” in their lakeside Michigan community of 300,000 people.
In this case the oppressive force they aimed to thwart was the county government they now ran. It was early January, their first day in charge. An American flag held down a spot at the front of the board’s windowless meeting room. Sea-foam green carpet covered the floor.
The new commissioners, all Republicans, swore their oaths of office on family Bibles. And then the firings began. Gone was the lawyer who had represented Ottawa County for 40 years. Gone was the county administrator who oversaw a staff of 1,800. To run the health department, they voted to install a service manager from a local HVAC company who had gained prominence as a critic of mask mandates.
As the session entered its fourth hour, Sylvia Rhodea, the board’s new vice chair, put forward a motion to change the motto that sat atop the county’s website and graced its official stationery. “Whereas the vision statement of ‘Where You Belong’ has been used to promote the divisive Marxist ideology of the race, equity movement,” Rhodea said.
And so began a new era for Ottawa County. Across America, county governments provided services so essential that they were often an afterthought. Their employees paved roads, built parks, collected taxes and maintained property records. In an era when Americans had never seemed more divided and distrustful, county governments, at their best, helped define what remains of the common good.
Ottawa County stood out for a different reason. It was becoming a case study in what happens when one of the building blocks of American democracy is consumed by ideological battles over race, religion and American history.
Rhodea’s resolution continued on for 20 “whereases,” connecting the current motto to a broader effort that she said aimed to “divide people by race,” reduce their “personal agency,” and teach them to “hate America and doubt the goodness of her people.”
Her proposed alternative, she said, sought to unite county residents around America’s “true history” as a “land of systemic opportunity built on the Constitution, Christianity and capitalism.’”
She flipped to her resolution’s final page and leaned closer to the mic. “Now, therefore, let it be resolved that the Ottawa County Board of Commissioners establishes a new county vision statement and motto of ‘Where Freedom Rings.’”
The commission’s lone Democrat gazed out in disbelief. A few seats away, the commission’s new chair savored the moment. “There’s just some really beautiful language in this,” he said, before calling for a vote on the resolution. It passed easily.
A cheer went up in the room, which on this morning was about three-fourths full, but in the coming weeks it would be packed with so many angry people calling each other “fascists,” “communists,” “Christian nationalists” and “racists” that the county would have to open an overflow room down the hall.
In a seemingly long gone era – before the Trump presidency, and Covid, and the 2020 election – Doni Chamberlain would get the occasional call from a displeased reader who had taken issue with one of her columns. They would sometimes call her stupid and use profanities.
Today, when people don’t like her pieces, Chamberlain said, they tell her she’s a communist who doesn’t deserve to live. One local conservative radio host said she should be hanged.
Chamberlain, 66, has worked as a journalist in Shasta county, California, for nearly 30 years.
Never before in this far northern California outpost has she witnessed such open hostility towards the press.
She has learned to take precautions. No meeting sources in public. She livestreams rowdy events where the crowd is less than friendly and doesn’t walk to her car without scanning the street. Sometimes, restraining orders can be necessary tools.
These practices have become crucial in the last three years, she said, as she’s documented the county’s shift to the far right and the rise of an ultraconservative coalition into the area’s highest office. Shasta, Chamberlain said, is in the midst of a “perfect storm” as different hard-right factions have joined together to form a powerful political force with outside funding and publicity from fringe figures.
The new majority, backed by militia members, anti-vaxxers, election deniers and residents who have long felt forgotten by governments in Sacramento and Washington, has fired the county health officer and done away with the region’s voting system. Politically moderate public officials have faced bullying, intimidation and threats of violence. County meetings have turned into hours-long shouting matches.
Chamberlain and her team at A News Cafe, the news site she runs, have covered it all. Her writing has made her a public enemy of the conservative crowd intent on remaking the county. Far-right leaders have confronted her at rallies and public meetings, mocking and berating her. At a militia-organized protest in 2021, the crowd screamed insults.
The response of parts of her community has left her shocked: “This isn’t how it’s supposed to be to be a journalist. I shouldn’t go to my car afraid one of these guys is gonna bash me in the head with a baseball bat,” she said on a beautiful spring day in Redding late last month.
But it has left her with a sense of urgency, a determination to warn readers about a movement that shows no signs of slowing down and could have national repercussions as extremists try to create a framework that could be replicated elsewhere. “I can’t imagine how bad things can get here,” she said.
Saturday, April 22, 2023
The Road To Gilead Goes Through Ohio, Con't
Proponents of abortion rights in Ohio have drawn up a proposed constitutional amendment patterned on the one approved in Michigan. They are in the process of gathering enough signatures to qualify the initiative for the November ballot. An Ohio bill banning abortions after six weeks has been blocked in the courts.
If they succeed, they will need the support of 50 percent of voters plus one to make it part of the state constitution. Ohio has recently moved toward the Republicans, but the majority of public opinion appears to favor abortion rights, as is the case nationwide. Still, it is doubtful the abortion ballot measure could achieve a three-fifths majority.
Shortly after last November, Ohio Secretary of State Frank LaRose and state Rep. Brian Stewart, both Republicans, called for raising the threshold for passage of proposed amendments to the constitution to 60 percent. LaRose did not talk about the issue during his reelection campaign. Nonetheless, he and other proponents recommended the state legislature move swiftly to enact the change during a lame-duck session.
LaRose said the proposal was designed “to help protect the Ohio Constitution from continued abuse by special interests and out-of-state activists.” Later, Stewart said explicitly in a letter to fellow Republicans in the state House that the reason for the new proposal was because the left was trying to do “an end run around us” to put abortion rights into the state constitution and to give “unelected liberals” and allies on the state Supreme Court power to draw legislative districts.
That lame-duck session effort failed. But it has come back during the current legislative session in an even more restrictive fashion. Not only would the measure raise the threshold for passage to a three-fifths majority, it also would put a much heavier burden on the process of gathering signatures to qualify citizen amendments for the ballot.
The current rule is to gather signatures from at least 5 percent of registered voters in 44 counties. The new measure would extend that to all 88 counties in Ohio and would eliminate the curing period, or the time given to correct for faulty signatures. LaRose opposed these signature-related changes, saying they could disadvantage “truly citizen groups” using largely volunteer labor and give an advantage to corporate or other special interests who could afford paid signature gatherers. (The signature gathering changes would not take effect until next year so would not apply to the proposed reproductive rights amendment.)
There is one other wrinkle in all this. Ohio recently did away with its August elections (except in a few cases) on the grounds that they were costly and generally resulted in low turnout. Having failed to enact the rules change measure in the lame-duck session late last year, the first opportunity to take this to the voters would be next November, in which case it would not apply to the reproductive rights amendment.
So now, proponents of raising the threshold for passage of constitutional amendments also want to authorize an August election. State Senate President Matt Huffman (R) said recently that spending $20 million on an August election is worth the money “if we save 30,000 lives as a result.” The Ohio Health Department reported that there were less than 21,820 abortions performed in the state in 2021.
The Big Lie, Con't
In mid-January 2021, two men hired by former President Donald Trump’s legal team discussed over text message what to do with data obtained from a breached voting machine in a rural county in Georgia, including whether to use it as part of an attempt to decertify the state’s pending Senate runoff results.
The texts, sent two weeks after operatives breached a voting machine in Coffee County, Georgia, reveal for the first time that Trump allies considered using voting data not only to overturn the results of the 2020 presidential election, but also in an effort to keep a Republican hold on the US Senate.
“Here’s the plan. Let’s keep this close hold,” Jim Penrose, a former NSA official working with Trump lawyer Sidney Powell to access voting machines in Georgia, wrote in a January 19 text to Doug Logan, CEO of Cyber Ninjas, a firm that purports to run audits of voting systems.
In the text, which was obtained by CNN and has not been previously reported, Penrose references the upcoming certification of Democrat Jon Ossoff’s win over Republican David Perdue.
“We only have until Saturday to decide if we are going to use this report to try to decertify the Senate run-off election or if we hold it for a bigger moment,” Penrose wrote, referring to a potential lawsuit.
The plot to breach voting systems in Coffee County, coordinated by members of Trump’s legal team including Rudy Giuliani and Sidney Powell, is part of a broader criminal investigation into 2020 election interference led by Fulton County District Attorney Fani Willis.
Willis’ office is weighing a potential racketeering case against multiple defendants and is actively deciding who to bring charges against, sources tell CNN. Willis has subpoenaed a number of individuals involved in the Coffee County breach, including the two men who carried it out who were in touch with Penrose and Logan.
Willis has also subpoenaed Giuliani and Powell as part of her probe. Giuliani has been told he’s a target in the Fulton County probe, CNN previously reported. The special grand jury convened for the case recommended issuing multiple indictments in its final report completed in February, according to the jury foreperson.
A source familiar with Willis’ investigation tells CNN that Willis and her team have in their possession evidence that Trump allies planned to use the breached voting data from Georgia to try to decertify the state’s senate runoff election. Emails obtained by CNN show Penrose and Powell arranged upfront payment to a cyber forensics firm that sent a team to Coffee County on January 7, 2021.
The Coffee County breach is also under investigation by the Georgia Bureau of Investigation.
Friday, April 21, 2023
Last Call For A Supreme Dodge
To my surprise, the Supreme Court ruled to block Federal Judge Matthew Kacsmaryk's ruling on mifepristone 7-2, meaning that millions of women will be allowed to continue using the drug.
The Supreme Court on Friday allowed the most commonly used abortion pill in the U.S. to remain widely available.
The court blocked in full a decision by Texas U.S. District Judge Matthew Kacsmaryk on April 7 that had invalidated the Food and Drug Administration’s longtime approval of mifepristone and handed a sweeping victory to abortion opponents.
Two of the nine justices — conservatives Clarence Thomas and Samuel Alito — said they would have let part of Kacsmaryk's ruling take effect.
The Justice Department and Danco Laboratories, which makes the name brand version of mifepristone, Mifeprex, had asked the justices to step in after a federal appeals court kept in place a number of provisions in Kacsmaryk's order that would have imperiled widespread access to the drug, including restrictions on distributing the pill to patients by mail.
The court, which has a 6-3 conservative majority, issued a temporary stay of Kacsmaryk's ruling April 14, which was extended for two days Wednesday while the justices considered what steps to take.
Alito said in a brief dissenting opinion Friday that a decision to suspend regulatory changes made since 2016 would not have prevented mifepristone from being available.
"At present, the applicants are not entitled to a stay because they have not shown that they are likely to suffer irreparable harm in the interim," Alito wrote.
"Contrary to the impression that may be held by many, that disposition would not express any view on the merits of the question whether the FDA acted lawfully in any of its actions regarding mifepristone," he added.
The court's decision means women can still obtain mifepristone by mail, take it at home and use it up to 10 weeks into a pregnancy, as litigation continues in the lower court. The generic version of the drug, made by GenBioPro, will also continue to be available.
The case will now go back to the 5th Circuit for oral arguments before a three-judge panel on May 17. Nothing will change mifepristone’s availability in the interim.
Give Me That Old Time Religion (Whether You Want It Or Not)
Public schools in Texas would have to prominently display the Ten Commandments in every classroom starting next school year under a bill the Texas Senate approved Thursday.
Senate Bill 1515 by Sen. Phil King, R-Weatherford, now heads to the House for consideration.
This is the latest attempt from Texas Republicans to inject religion into public schools. In 2021, state Sen. Bryan Hughes, a Mineola Republican, authored a bill that became law requiring schools to display donated “In God We Trust” signs.
King said during a committee hearing earlier this month that the Ten Commandments are part of American heritage and it’s time to bring them back into the classroom. He said the U.S. Supreme Court cleared the way for his bill after it sided with Joe Kennedy, a high school football coach in Washington state who was fired for praying at football games. The court ruled that was praying as a private citizen, not as an employee of the district.
“[The bill] will remind students all across Texas of the importance of the fundamental foundation of America,” King said during that hearing.
The Senate also gave final passage to Senate Bill 1396, authored by Sen. Mayes Middleton, R-Galveston, which would allow public and charter schools to adopt a policy requiring every campus to set aside a time for students and employees to read the Bible or other religious texts and to pray.
Lt. Gov. Dan Patrick said in a statement that both bills are wins for religious freedom in Texas.
“I believe that you cannot change the culture of the country until you change the culture of mankind,” he said. “Bringing the Ten Commandments and prayer back to our public schools will enable our students to become better Texans.”
Matt Krause, a former Texas state representative and attorney with the First Liberty Institute, the organization that represented the Washington coach, said the Kennedy case was a victory in religious freedom and this bill would be protected.
“The Kennedy case for religious liberty was much like the Dobbs case was for the pro-life movement,” he said. “It was a fundamental shift.”
Another #MeToo Moment For The GOP
A member of GOP leadership in the Tennessee House of Representatives was recently found guilty of sexually harassing at least one legislative intern, likely two, by an ethics subcommittee acting in secret, NewsChannel 5 Investigates has learned.
About six hours after being confronted by NewsChannel 5 Investigates, Rep. Scotty Campbell gave up his seat in the Tennessee General Assembly.
Until now, Campbell, who served as vice chair of the House Republican Caucus and who recently voted to expel three Democrats who engaged in a gun violence protest on the House floor, had suffered no previous consequences as a result of his actions.
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Despite accusations of sometimes extremely vulgar comments and other inappropriate advances, Republicans did not remove the 39-year-old East Tennessee lawmaker from his leadership position nor from his committee assignments.
But taxpayers are paying for his actions.
NewsChannel 5 has learned that potentially thousands of dollars have been spent to protect one victim, relocating her from the downtown apartment building where she and Campbell both had apartments, shipping her furniture back home in another part of the state and placing her in a downtown hotel for the remainder of her internship.
Legislative officials refused to say how much they've paid out, saying that information is confidential.
Confronted with the allegations Thursday as he headed to Capitol Hill, Campbell referenced a second intern who was also involved in the investigation. NewsChannel 5 was previously unaware of that individual's complaint.
"I had consensual, adult conversations with two adults off property," he insisted.
"I think conversations are consensual once that is verbally agreed to. If I choose to talk to any intern in the future, it will be recorded."
But a four-member ethics subcommittee, composed of two Republicans and two Democrats, came to a different conclusion, according to a memorandum dated March 29 that was sent to House Speaker Cameron Sexton.
"Based on the completed staff investigation, the Ethics Subcommittee finds that Representative Campbell violated the Policy" against workplace discrimination and harassment, the memo says.
Thursday, April 20, 2023
Vote Like Your Country Depends On It, Con't
A top Republican legal strategist told a roomful of GOP donors over the weekend that conservatives must band together to limit voting on college campuses, same-day voter registration and automatic mailing of ballots to registered voters, according to a copy of her presentation reviewed by The Washington Post.
Cleta Mitchell, a longtime GOP lawyer and fundraiser who worked closely with former president Donald Trump to try to overturn the results of the 2020 presidential election, gave the presentation at a Republican National Committee donor retreat in Nashville on Saturday.
The presentation — which had more than 50 slides and was labeled “A Level Playing Field for 2024” — offered a window into a strategy that seems designed to reduce voter access and turnout among certain groups, including students and those who vote by mail, both of which tend to skew Democratic.
Mitchell did not respond to a request for comment, and it is unclear whether she delivered the presentation exactly as it was prepared on her PowerPoint slides. But in addition to the presentation, The Post listened to audio of portions of the presentation obtained by liberal journalist Lauren Windsor in which Mitchell discussed limiting campus and early voting.
“What are these college campus locations?” she asked, according to the audio. “What is this young people effort that they do? They basically put the polling place next to the student dorm so they just have to roll out of bed, vote, and go back to bed.”
The GOP has not formally endorsed Mitchell’s plan but has worked closely with her since Trump left office. The presentation made clear that at least some key figures within the party remain intent on tightening rules for voting and elections. The persistence of the message as the 2024 vote approaches comes despite the fact that candidates who emphasized Trump’s stolen election narrative were repudiated in many key statewide races in the 2022 midterms.
After the presentation, Mitchell was seen at the Four Seasons hotel bar, meeting with donors and Republican strategists.
“As the RNC continues to strengthen our Election Integrity program, we are thankful for leaders like Cleta Mitchell who do important work for the Republican ecosystem. Our guests in Nashville were grateful for her to travel to the event and share her efforts,” said Keith Schipper, an RNC spokesman.
Mitchell told her RNC audience that her organization, the Election Integrity Network, “is NOT about winning campaigns,” according to the text of the presentation. But the slides gave little other rationale for why campus or mail voting should be curtailed. At another point in the presentation, she said the nation’s electoral systems must be saved “for any candidate other than a leftist to have a chance to WIN in 2024.”