Tag Archives : Build House

A new challenge for schools and teachers: school prayer

As public school teachers return to their classrooms this fall, they will have to manage the ongoing challenges gripping today’s educational landscape: a workforce facing high rates of burnout, students’ learning and wellbeing affected by the pandemic and safety concerns amid rising gun violence in many communities. Yet after a landmark Supreme Court decision handed down this summer, America’s educators will be contending with another issue that is sure to inject more uncertainty into an already tough teaching environment: when and where prayer can happen on public school grounds.

This June, the Supreme Court decided in favor of Joseph Kennedy, a high school coach who prayed with students in the middle of the football field after their games. Kennedy sued the Bremerton School District in Washington state for violating his constitutional rights after the district did not renew his contract due to Kennedy’s refusal to stop praying with students on the field. Ultimately, the court found that the school district violated the coach’s First Amendment rights; his public prayer did not violate the establishment clause, which prohibits government entities, like public schools, from endorsing a particular religion.

While the merits of the court’s decision can be argued by scholars and legal experts, there is one clear result: Teachers and other public school employees are now left more confused than ever about what is permissible when it comes to praying in schools.

Already since the court’s decision, religious activists, school officials and social media provocateurs have pushed wildly different — and sometimes blatantly unconstitutional — interpretations of the case and its impact on the American education system. In the wake of this incredibly nuanced decision, public school districts must now fill this information void by providing their employees with guidelines on when and where prayer in school is appropriate.

The trouble grows when some mistakenly consider the court’s decision as a blanket victory for religious freedom. In fact, there are many who believe this decision addresses the growing public concern that religious liberties are in danger. According to a recent survey on the First Amendment from the Freedom Forum, more than half of Americans say religious freedoms are under threat, with almost as many saying Christianity is especially threatened.

The reality is that teachers do not lose their First Amendment rights when they walk through the school doors, but there are some limits to how they can express themselves. The court’s ruling affirms a teacher’s right to bring their whole selves to the workplace, though this does not necessarily apply to the classroom.

For example, if a group of teachers want to pray together before, after or during the school day, that should be permitted as long as students are not present. Teachers can pray alone or even around students, as long as it is silent and non-disruptive.

At the same time, the Supreme Court has long held that school-sponsored prayer, delivered by a teacher or a student, is unconstitutional, and that has not changed. Public school teachers, bound by the First Amendment as employees of the government, cannot use their position to promote their private religious beliefs. That means they cannot actively participate in religious activities with or in the immediate presence of students while on duty. Coach Kennedy’s prayer was ruled constitutional because “Mr. Kennedy did not seek to direct any prayers to students or require anyone else to participate.”

When teachers lead students in prayer, they not only violate the establishment clause but more important, they violate the religious freedom rights of students. Those students who do not share their teachers’ beliefs may feel coerced to participate to secure a good grade or starting position on a sports team. In such cases, teachers place their students in the situation of having to choose between an education and their deeply held beliefs.

Given the constitutional complexities of teachers praying while at work, the best practice for teachers may be the simplest one. Indeed, given that one of the most important roles an educator has is protecting the conscience of all their students, the easiest way to do that is to pray in private.

David Callaway is the religious freedom specialist for the Freedom Forum.

Source: TEST FEED1

Asked if student debt relief is 'fair,' Biden takes jab at GOP tax cuts

When reporters asked whether his plan to cancel student loan debt is unfair to those who have already paid off or chose not to take out loans, President Biden on Wednesday parried with a hit at tax cuts on the rich. 

“Is it fair to people who, in fact, do not own multibillion-dollar businesses, if they see one of these guys getting all the tax cuts? Is that fair? What do you think?” Biden told reporters after his remarks introducing the plan.

The president had earlier announced that the administration is forgiving up to $10,000 in federal student loan debt for Americans earning less than $125,000 a year. Pell Grant recipients are eligible for forgiveness of up to $20,000 in debt. 

A pandemic freeze on federal student loan repayments and interest accrual was extended for a sixth time, just ahead of the Aug. 31 expiration date set when the deadline was last pushed back.

The controversial debt relief move has been lauded by Democrats, while Republicans have knocked the plan as economically irresponsible and cautioned that it will burden Americans at large with the canceled debt.

Senate Minority Leader Mitch McConnell (R-Ky.) on Wednesday called the decision a “wildly unfair redistribution of wealth” and a “slap in the face” to those who have already paid off their debt or worked to avoid taking out student loans. 

By contrast, Senate Majority Leader Charles Schumer (D-N.Y.) and Sen. Elizabeth Warren (D-Mass.) said in a joint statement on Twitter that “the positive impacts of this will be felt by working families across America—particularly in communities of color.”

Some recent polling indicates most Americans support student loan forgiveness, though other data shows a majority are worried that the move could worsen inflation.

Source: TEST FEED1

Health Care — House panel shows Trump pressure on FDA

This is what space sounds like. Or at least the sound a supermassive black hole makes. It’s cool, in a terrifying kind of way.

Today in health news, a House panel report details the pressure put on the FDA by the Trump administration to reauthorize hydroxychloroquine and speed up authorization of the first COVID-19 vaccines, in time for the 2020 election. 

Welcome to Overnight Health Care, where we’re following the latest moves on policy and news affecting your health. For The Hill, we’re Peter Sullivan and Nathaniel Weixel. Subscribe here.

FDA faced pressure on vaccines, treatment: panel

Top Trump administration officials pressured the Food and Drug Administration (FDA) to reauthorize the discredited COVID-19 treatment hydroxychloroquine and to speed up the release of the first COVID-19 vaccines, according to a new report Democrats on the House select coronavirus subcommittee released Wednesday. 

• Emails, text messages and testimony obtained by the committee show the Trump White House “exerted extreme and inappropriate pressure” on FDA to reauthorize hydroxychloroquine even after it was shown to be ineffective and potentially dangerous. 
• The report found administration officials like trade advisor Peter Navarro enlisted outside allies like Fox News host Laura Ingraham and daytime TV talk show host Dr. Mehmet Oz — now the GOP nominee for Senate in Pennsylvania — to amplify pressure on the FDA to authorize hydroxychloroquine, a drug normally used to treat malaria and lupus.  

“The Select Subcommittee’s findings that Trump White House officials deliberately and repeatedly sought to bend FDA’s scientific work on coronavirus treatments and vaccines to the White House’s political will are yet another example of how the prior Administration prioritized politics over public health,” Rep. James Clyburn (D-S.C.), the panel’s chair, said in a statement. 

Coordinated pressure: The efforts by members of the Trump administration, including the former president, to meddle with public health agencies has been well documented. However, the report offers new levels of detail of the pressures put on the FDA in 2020.  

Former President Trump attacked then-FDA Commissioner Stephen Hahn and claimed without evidence that his agency was deliberately slowing down the authorizations of the vaccine and convalescent plasma because of politics.

“The deep state, or whoever, over at the FDA is making it very difficult for drug companies to get people in order to test the vaccines and therapeutics,” Trump tweeted in August 2020. “Obviously, they are hoping to delay the answer until after November 3rd. Must focus on speed, and saving lives!” 

Read more here. 

Judge blocks admin’s emergency abortion guidance

A federal judge in Texas in a Tuesday night ruling blocked guidance issued by the Biden administration that requires doctors to provide abortions in emergency medical situations even if doing so would run afoul of state law. 

In a 67-page ruling, U.S. District Judge James Hendrix halted emergency abortion guidance that the Department of Health and Human Services (HHS) issued last month in the wake of the Supreme Court’s overruling of Roe v. Wade.

The practical effect of the ruling was to halt HHS from enforcing its guidance in Texas, stopping short of a nationwide injunction. Hendrix also blocked the administration from applying its regulation against two co-plaintiffs in the case, a pair of anti-abortion doctors’ associations.

Blow to Biden abortion strategy: The judge’s ruling dealt a blow to the administration, which had urged the court to find that a 1986 federal law known as the Emergency Medical Treatment and Labor Act (EMTALA) superseded some restrictive state abortion laws passed in the wake of Roe’s demise.

EMTALA requires a hospital to provide stabilizing care to any patient that presents with an emergency medical condition. HHS says abortion qualifies as stabilizing care under the law. 

Read more here. 

BLACK AND HISPANIC PEOPLE BEARING BRUNT OF MONKEYPOX

Black and Hispanic people make up a disproportionately high number of monkeypox cases, according to a new analysis.   

The analysis from the Kaiser Family Foundation finds that Black people make up 26 percent of monkeypox cases, compared to 12 percent of the population, while Hispanic people make up 28 percent of cases compared to 19 percent of the population.

The data, from May to July, indicates that racial disparities are an issue with monkeypox, as they have been in the COVID-19 pandemic as well.   

“Underlying structural inequities place people of color at increased risk for public health threats, as was seen in COVID-19 and as is beginning to be observed amid the MPX outbreak,” the analysis states.  

Vaccination disparities: While data is limited, four states — Georgia, Colorado, New Jersey and North Carolina — and Washington, D.C., are reporting racial data for monkeypox vaccination, showing disparities there as well, the analysis found.  

It found that in D.C., for example, Black people have received 22 percent of vaccines but make up 36 percent of cases.   

Read more here. 

FIRST LADY TESTS POSITIVE IN ‘REBOUND’ COVID CASE

First lady Jill Biden has tested positive for COVID-19 days after receiving a negative test in a “rebound” case of the virus.

The first lady tested negative on Tuesday before receiving the positive test result on an antigen test on Wednesday afternoon, her office said. 

“The First Lady has experienced no reemergence of symptoms, and will remain in Delaware where she has reinitiated isolation procedures,” Kelsey Donohue, the deputy communications director for the first lady, said in a statement. 

A White House official said President Biden had tested negative for COVID-19 earlier Wednesday. The president is considered a close contact of the first lady, so he will mask for 10 days when indoors and close to others, the official said. 

What is rebound? Rebound cases can happen in patients who take Paxlovid when a patient tests negative for the virus, only to test positive again a few days later. 

The president had a similar rebound case after taking Paxlovid for his own COVID-19 infection late last month. He remained in isolation for another week because of the rebound case. 

Read more here. 

A surge in women registering to vote after Roe ruling

Several states where reproduction rights are at risk are seeing a surge in women registering to vote following the Supreme Court’s decision to overturn the landmark Roe v. Wade case, abolishing the constitutional right to abortion. 

An analysis by TargetSmart Insights, a Democratic political data and data services firm, found that women are out-registering men by significant margins in states where reproductive rights are in danger of being repealed, such as Kansas, Wisconsin and Michigan.

• In Kansas, women out-registered men by 40 percent, making 70 percent of all new registrants women. Earlier this month, voters in the state rejected a proposed amendment that would have paved the way for the Republican-led state legislature to ban the procedure.
• In Michigan, where legal battles are taking place over abortion rights, women out-registered men by 8.1 percent since the Supreme Court’s June 24 decision in Dobbs v. Jackson Women’s Health Organization.
• In Wisconsin, where it is now a felony for virtually any abortion to be performed, except in instances where it is needed to save the mother’s life, women have out-registered men by 15.6 percent since the Supreme Court’s decision. 

“This isn’t just a blue state phenomena. In fact, it is more pronounced in states where choice is more at risk, or has been eliminated by the decision,” the CEO of TargetSmart tweeted.

Read more here.  

WHAT WE’RE READING

• What Fauci’s exit tells us about the ongoing fight against Covid (Stat) 
• White House strategy for monkeypox vaccines causing ‘chaos out in the field’ (Politico) 
• Study: Pfizer COVID pill showed no benefit in younger adults (AP) 

STATE BY STATE

• California ballot measure to guarantee right to abortion has strong support among voters, poll finds (Politico)
• Congressman’s wife died after taking herbal remedy marketed for diabetes and weight loss (Kaiser Health News) 
• Abortion-rights groups sue Texas AG, prosecutors to protect ability to help pregnant Texans seek legal abortions in other states (Texas Tribune) 

OP-EDS IN THE HILL

As monkeypox spreads, we must not repeat the failures of COVID-19 and HIV

That’s it for today, thanks for reading. Check out The Hill’s Health Care page for the latest news and coverage. See you tomorrow.

VIEW THE FULL EDITION HERE

Source: TEST FEED1

On The Money — Student debt cancellation unveiled 

Biden has finally announced his plan to cancel hundreds of billions of dollars in student debt and we have the details. We’ll also look at the Fed’s upcoming inflation summit, a new Senate report on foreign tax evasion and the biggest Ukraine aid package to date. 

But first, find out if you are a Pell Grant recipient. 

Welcome to On The Money, your nightly guide to everything affecting your bills, bank account and bottom line. For The Hill, we’re Sylvan Lane, Aris Folley and Karl Evers-Hillstrom. Someone forward you this newsletter? Subscribe here.

Biden announces student loan action 

President Biden officially announced on Wednesday that his administration is forgiving up to $10,000 in federal student loan debt for borrowers making less than $125,000 annually and $20,000 for Pell Grant recipients, marking the largest forgiveness of the loans per individual to date. 

Biden also again extended a payment freeze on federal student loans and interest accrual, butting right up against an Aug. 31 deadline that would have kicked bills back into effect just before November’s midterm elections. 

• The payment pause is extended “one final time” until Dec. 31, with borrowers expected to resume payments next year. 
• Current students with loans are eligible for the debt relief, and dependent students will be eligible for relief based on their parents’ income. 
• The plan also aims to cut the loan repayment cap in half for low-income undergraduate borrowers.  

Read more from Alex Gangitano here, and check out The Hill’s extensive coverage of Biden’s student debt plan: 

• Here’s what’s inside Biden’s historic student debt forgiveness order
   
• Progressives hail Biden for action on student loans 
• Biden sells his student loan plan, calls it economically responsible 
• Biden student loan plans caught in inflation debate crosshairs 

NO PAUSE FOR POWELL  

Dip in inflation will likely be a cold comfort to Fed at Jackson Hole summit 

Top Federal Reserve officials will spend three days plotting the next moves in their fight against inflation from a Wyoming ski resort as millions of Americans struggle with the rising cost of basic goods. 

The Fed’s annual summer policy summit in Jackson Hole, Wyo., kicks off Wednesday as the bank attempts to steer the U.S. out of high inflation and away from a recession.   

• The event, which is closed to the public, begins with two days of panels and paper presentations focused on a central theme and concludes with a speech from Fed Chairman Jerome Powell.   
• While only a few dozen attendees will witness Powell’s remarks, the text of his speech could give financial markets, Fed analysts and the American people a closer look at his views.  

“He can reference whatever he thinks is important and kind of guide readers to see how he views the world,” Englander said, comparing the Jackson Hole speech to the president’s annual State of the Union Address.  

“There’s a feeling that it gives them greater insights,” he continued. 

Sylvan has more here. 

The nitty gritty: Like his predecessors, Powell has used his past Jackson Hole speeches to frame his vision on the Fed’s approach to its biggest challenge of the moment, beyond the month-to-month speculation of what the bank will do to interest rates.   

Fed watchers generally don’t expect Powell to hint at what the Fed will do in September during its next monetary policy meeting — particularly with so much uncertainty facing the bank in its fight against inflation. 

“We are seeing some green shoots, but they don’t want to declare victory prematurely,” said Derek Tang, co-founder and economist at research firm Monetary Policy Analytics, in a Monday interview.  

‘SHOCKINGLY EASY’  

Senate report blasts IRS for handling of foreign bank registration 

A Senate report released Wednesday on a form of tax evasion was highly critical of the IRS for the way it handles foreign bank registration as part of the laws that govern how U.S. citizens and business entities can own foreign assets. 

• The report said that it was “shockingly easy” to obtain a certain kind of registration number from the IRS that signifies its holder to be a valid foreign financial institution. 
• The registration process was mandated as part of the Foreign Account Tax Compliance Act (FATCA) passed in 2010, which requires Americans to report assets held outside the U.S. to the IRS. 
• A write-up of the report from the Senate Finance Committee described the process of obtaining registration numbers — known as Global Intermediary Identification Numbers, or GIIN numbers — as “alarmingly simple.”  

The Hill’s Tobias Burns breaks it down here. 

UKRAINE AID

Biden pledges $3B weapons package to Ukraine to mark Kyiv’s Independence Day 

President Biden marked Ukraine’s Independence Day on Wednesday by announcing a nearly $3 billion security assistance package to bolster Kyiv as it battles the Russian invasion.    

The White House announcement came as Ukraine braced for stepped-up attacks from Russia on the holiday, which also coincided with the six-month mark of the start of Moscow’s military campaign. 

• It’s the single largest tranche of U.S. assistance to Ukraine since the start of the Russian invasion earlier this year. 
• The new assistance is being provided through the Ukraine Security Assistance Initiative, meaning that the equipment will not come from existing U.S. weapons stockpiles.   

Morgan Chalfant has more here

Good to Know

The Federal Trade Commission (FTC) entered an agreement with Meta CEO Mark Zuckerberg on Tuesday to drop him from an ongoing antitrust lawsuit attempting to block the company’s purchase of a virtual reality company. 

A joint court filing stipulates that Zuckerberg will not purchase the company, Within Unlimited, as an individual or through any entity controlled by Zuckerberg in exchange for being removed as a defendant in the suit. 

Here’s what else we have our eye on: 

• A bombshell Twitter whistleblower complaint alleging the company has major security deficiencies is adding fuel to Elon Musk’s core argument in his case against Twitter as he tries to back out of his $44 billion deal to buy the platform.  
• Former Interior Secretary Ryan Zinke and his chief of staff misled an internal federal watchdog about the department’s decision to punt on a proposed Native American casino in Connecticut, the watchdog said in a report released Wednesday. 
• California is expected to approve a ban on the sale of new gas-powered cars that would begin in 2035.  

That’s it for today. Thanks for reading and check out The Hill’s Finance page for the latest news and coverage. We’ll see you tomorrow. 

VIEW FULL VERSION HERE

Source: TEST FEED1

Utah sues Biden over restored national monument boundaries

The state of Utah is suing the Biden administration over its decision to restore the size of two national monuments that were shrunk by then-President Trump. 

The size of the Grand Staircase-Escalante and Bears Ears monuments, both located in Utah, were cut by nearly half and about 85 percent, respectively, during the Trump administration. 

These monuments were initially designated under the Clinton and Obama administrations.

In deciding to restore the monuments’ original sizes, Biden invoked tribal rights, calling Bears Ears “a place of healing … a place of reverence, a sacred homeland to hundreds of generations of native peoples.”

But, the state of Utah and two of its counties argued in court that the monuments are too big, and a violation of the Antiquities Act, which gives presidents the right to protect historic landmarks and other areas of significance.  

They specifically argued that Biden’s move was not compatible with the part of the law that says parcels put aside for protections “shall be confined to the smallest area compatible with the proper care and management of the objects to be protected.”

And they said that Biden’s move would “stifle local economic activity, impact local culture and tradition, lock up potentially critical minerals, destroy jobs, and impose exasperating and costly burdens on local and state governments.”

“The vast size of the new monuments draws unmanageable visitation levels without providing the tools necessary to adequately conserve and protect them,” Utah Gov. Spencer Cox (R) said in a Twitter thread supporting the suit. 

The White House and Interior Department declined to comment, and a Justice Department spokesperson did not immediately respond to The Hill’s request for comment.

But, groups allied with the administration argue that Utah is wrong, and that the landscapes need to be preserved. 

“By filing a lawsuit against the federal government over these monuments, the State of Utah is wasting taxpayer money trying to undermine something that is evident to anyone who spends time in these remarkable landscapes—that Bears Ears and Grand Staircase deserve protection,” Jennifer Rokala, executive director of the Center for Western Priorities, said in a written statement. 

“Both legal and historical precedent support the creation of these landscape-scale monuments,” Rokala added.

Source: TEST FEED1

To protect health, EPA must regulate methane emissions

As public health and medical professionals, we are extremely concerned about how the environments where we live, work and play impact our health and well-being. So many environmental factors affect our health: the air we breathe, the water we drink, exposure to chemical pollution, access to healthy food, safe outdoor spaces, safe schools and daycares, health care facilities — the list goes on.

Across the U.S, one significant environmental factor affecting people’s health is how close they live to oil and gas wells. Oil and gas extraction and production leaks methane and other air pollutants, such as volatile organic compounds (VOCs). Some VOCs can cause cancer, affect the nervous system, or cause birth defects. Burning methane also emits nitrogen oxides, which can also cause health harm. Additionally, when VOCs mix with nitrogen oxides, they contribute to the formation of ground-level ozone pollution. 

Exposure to ground-level ozone can cause damage to the lungs and increases the chances of premature death. It causes asthma attacks, aggravates other chronic lung diseases and pre-existing heart problems, as well as contributing to premature birth. Children are particularly vulnerable to both ozone and VOC pollution.

Exposure to dangerous levels of ground-level ozone isn’t limited to one particular part of the country. It affects people everywhere, from Southern California to Texas to North Dakota to Pennsylvania. A 2022 report on air pollution from the American Lung Association found that 122 million Americans — including almost 28 million children and over 18 million seniors — live in a county that has received a failing grade for ozone pollution.

In addition to emitting VOCs and contributing to ground-level ozone pollution, oil and gas production also leaks methane directly into the air. Methane is a major climate pollutant; it is 80 times more potent than carbon dioxide at trapping heat. Methane leaks contribute significantly to climate change, which in turn impacts the health and lives of all Americans, especially children, older adults, low-income communities, communities of color and people living with chronic diseases. From more frequent and intense wildfires and floods, to worsening air pollution and increasing risks from vector-borne diseases like Lyme Disease, climate change harms our health in many ways.

Given the health risks that result from oil and gas extraction and production, we were extremely encouraged to see that the Inflation Reduction Act, which President Biden signed into law on Aug. 16, includes a program aimed at incentivizing companies to take additional steps to reduce emissions across their operations. The Methane Emissions Reduction Program, which is designed to be complementary to any federal regulations, will charge specific types of facilities for the amount of methane they release into the atmosphere, and it is the first direct federal charge, fee or tax on greenhouse gas emissions. The program will help drive the cleanup of methane emissions from the atmosphere, slowing the acceleration of climate change.

The Methane Emissions Reduction Program is an exciting and necessary step in the fight to clean up air pollution — but in order to further reduce health consequences from air pollution, the U.S. Environmental Protection Agency (EPA) must also enact stronger regulations on methane.

For years, leading national health organizations, medical professionals and public health experts like us have been calling for strong federal pollution limits on oil and gas operations to protect Americans’ health, particularly the health of fenceline communities — the people who live directly next to these facilities and are most at risk of experiencing health issues either caused or exacerbated by air pollution. 

In November 2021, EPA proposed a rule to cut methane and other harmful pollution from new and existing oil and gas operations. While the proposal is a good start, it must go further. To better protect fenceline communities and prevent the worst impacts of climate change, EPA must require the oil and gas industry to take the strongest steps possible to prevent methane emissions. Those steps include:

1. Eliminating the practice of routine flaring (burning oil or gas as a waste product), which emits harmful air pollution.
2. Requiring regular monitoring at smaller, high polluting wells. These smaller wells generate just a trickle of usable gas but leak an unusually large amount of methane given their size. Under EPA’s current proposal, some of these high polluting wells wouldn’t be regularly monitored for leaks. 
3. Eliminating loopholes that allow any wells to skip regular leak inspections.

Oftentimes, oil and gas facilities — which are disproportionately sited in marginalized neighborhoods — are located near schools, parks, homes and childcare facilities, making it near-impossible to prevent children from breathing in dangerous levels of air pollution. In many places near oil and gas operations, children are exposed to higher levels of air pollution and therefore are more likely to experience coughing and wheezing, asthma attacks, and respiratory and cardiovascular harm. By reducing emissions from oil and gas operations, including from methane pollution, we will help protect the health of children and take significant steps to clean up the air that they breathe.

EPA’s decision to implement (or not implement) strong emissions standards for new and existing oil and gas operations will have a tangible impact on your health, my health, as well as the health of our children and grandchildren. We urge them to prioritize vulnerable children and fenceline communities and swiftly strengthen their proposed rule — we have no time to waste.

Deborah P. Brown is the chief mission officer for the American Lung Association, and has spent her career working on advocacy issues in the areas of tobacco, asthma, school health and healthcare. She has been involved in passage of the Delaware Clean Indoor Air Act, Pennsylvania Clean Indoor Air law, anti-idling legislation, as well as numerous environmental campaigns at both the state and federal levels.

Dr. Anne Mellinger-Birdsong is a pediatrician and environmental public health specialist who currently works as a Medical Education Advisor for Mothers & Others for Clean Air. During her career, Mellinger-Birdsong has worked as a medical epidemiologist at the Centers for Disease Control and Prevention (CDC), the Philadelphia Department of Public Health, the Georgia Division/Department of Public Health, and the American Lung Association of Georgia.

Source: TEST FEED1

Unredacted Barr memo details DOJ rationale for not charging Trump

The Department of Justice (DOJ) on Wednesday released an unredacted version of a memo prepared for former Attorney General William Barr that he used to justify his decision to not indict then-President Trump after reviewing the Mueller report.

The memo was released following a suit from Citizens for Responsibility and Ethics in Washington (CREW), which sought to unveil the legal guidance Barr received from DOJ’s Office of Legal Counsel (OLC). 

The suit spurred DOJ to release a redacted version of the memo in 2021 that fully blocked out six of the memo’s 10 pages.

The now fully unredacted memo details a Justice Department that cautioned against any prosecution of Trump stemming from special counsel Robert Mueller’s investigation into any coordination between his campaign and Russia as that country sought to interfere with U.S. elections.

The 2019 memo to Barr came just two days after Mueller released his more than 400-page report to DOJ, and was finalized just hours after Barr sent a letter to Congress saying he saw no grounds for a prosecution.

The OLC memo largely crafts an argument to decline prosecution for an attorney general who at that point was fiercely loyal to Trump.

It hangs much of its analysis on a line in the Mueller report indicating there was not sufficient evidence to charge anyone from the Trump campaign, or the president himself, with conspiring alongside members of the Russian government to interfere in the election.

“Given that conclusion, the evidence does not establish a crime or criminal conspiracy involving the president toward which any obstruction or attempted obstruction was directed. It would be rare for federal prosecutors to bring an obstruction prosecution that did not itself arise out of a proceeding relating to a separate crime,” Steven Engle, head of OLC, and his deputy Edward O’Callaghan wrote in the memo.

It goes on to describe Trump’s “potentially obstructive conduct” as “an attempt to modify the process under which the special counsel investigation progressed.”

CREW President Noah Bookbinder called the memo “a breathtakingly generous view of the law and facts for Donald Trump.”

“It twists the facts and the law to benefit Trump and does not comport with a serious reading of the law of obstruction of justice or the facts as found by Special Counsel Mueller,” Bookbinder wrote on Twitter.

“The memo is premised in large part on the argument that there was no underlying criminal conduct and that it’s hard to charge obstruction without an underlying crime. Of course that’s not what Mueller actually found. … Mueller found there was not sufficient evidence to charge Trump and others with conspiring with Russia. He didn’t find no crime, just not enough evidence for charges,” he added.

The 448-page Mueller report, which was released in April 2019 almost a month after Barr’s letter to Congress, examined multiple episodes of possible obstruction of justice, including Trump’s firing of then-FBI director James Comey and his efforts to pressure then-Attorney General Jeff Sessions to pull back on his decision to recuse himself from the Russia investigation.  

Ultimately, Mueller’s team wrote that they were unable to say definitively that Trump did not obstruct justice.  

“While this report does not conclude that the President committed a crime, it also does not exonerate him,” the report stated. 

Attorney General Merrick Garland has faced pressure from some legal analysts and others on the left to revisit the obstruction of justice case against Trump.  

The unredacted memo’s release comes as a result of a ruling last week by the U.S. Court of Appeals for the D.C. Circuit in the long-running lawsuit initiated by CREW in May 2019. The ruling, by a unanimous three-judge appellate court panel, affirmed a federal judge’s conclusion that the DOJ had improperly redacted the memorandum, and ordered its full disclosure. 

The legal development amounted to a sharp rebuke of the department’s claim that the memo should be shielded under an exemption to the Freedom of Information Act that protects internal government deliberations. 

The appeals court ruling affirmed a finding by the lower court that the memo did not reflect a deliberative process in part because Barr had already decided against charging Trump before the memo was finalized.

“Because the Department did not tie the memorandum to deliberations about the relevant decision, the Department failed to justify its reliance on the deliberative-process privilege,” Chief Judge Sri Srinivasan wrote for the panel.

Updated: 7:01 p.m.

Source: TEST FEED1

Report: Abortion becoming more important voting issue, driven by Democrats

More voters are considering abortion to be a “very important” issue in the upcoming midterm elections, a new study from the Pew Research Center shows.  

In March, 43 percent of registered voters considered abortion to be an important issue ahead of the midterms, and now that number has jumped to 56 percent, Pew researchers found.  

The issue of abortion has increased in importance among Democratic voters since the Supreme Court overturned Roe v. Wade, the landmark legislation granting women the right to a legal abortion in the United States, researchers believe.  

America is changing faster than ever! Add Changing America to your Facebook or Twitter feed to stay on top of the news.

Almost all of this increase in support has come from Democratic voters, the study shows, with 71 percent of Democratic and Democratic-leaning registered voters who took part in the study rating abortion as “very important.” 

Meanwhile, there has been almost no change in the number of Republican voters’ attitudes toward abortion.  

Pew Research Center researchers surveyed 7,647 adults, including 5,681 registered voters, during the first two weeks of August for the new report.  

Out of Republican and Republican-leaning voters who responded to the Pew Research Center’s survey, 41 percent said they considered abortion to be “very important” in the decision for the vote in this year’s Congressional elections, only one percentage point higher than what respondents said in a survey in March.  

The midterm election will take place on Nov. 8 and all 435 seats in the United States House of Representatives and a third of seats in the Senate are up for grabs.  

TIKTOKERS ATTACK TEXAS ABORTION WHISTLEBLOWER WEBSITE

SOCCER STAR MEGAN RAPINOE TAKES ON NBA STAR DRAYMOND GREEN OVER WOMEN’S EMPOWERMENT

THESE 10 INSPIRATIONAL WOMEN SHOULD BE HOUSEHOLD NAMES—HERE’S WHY THEY ARE NOT

WHO SAYS ONE-THIRD OF ALL WOMEN ENCOUNTER PHYSICAL OR SEXUAL VIOLENCE

The survey also shows that more Republican than Democratic voters have given “a lot” of thought to this November election.  

In August, 72 percent of Republican and Republican-leaning survey respondents said they believed partisan control of Congress really matters while 69 percent of Democratic and Democratic-leaning respondents said the same.  

The number of Democrats saying the outcome of the midterm elections really matters have increased by 9 percentage points since March, the survey findings show.  

Source: TEST FEED1

DHS issues new DACA rule

The Department of Homeland Security (DHS) on Wednesday issued a final regulation codifying the Deferred Action for Childhood Arrivals (DACA) program amid continued threat of litigation against it.

The rule formally replaces the 2012 memo issued by the Obama administration, under which undocumented immigrants who arrived in the country as minors – also known as Dreamers – were allowed to live and work in the United States.

“Today, we are taking another step to do everything in our power to preserve and fortify DACA, an extraordinary program that has transformed the lives of so many Dreamers,” Secretary of Homeland Security Alejandro Mayorkas said.

“Thanks to DACA, we have been enriched by young people who contribute so much to our communities and our country. Yet, we need Congress to pass legislation that provides an enduring solution for the young Dreamers who have known no country other than the United States as their own,” he added.

The final regulation, which went through a public comment period, will formally replace the memo on Oct. 31.

In its decade-long history, the policy has been subject to extensive litigation, often targeting the validity of implementing a deferral program through a memo.

In July of 2021, U.S. District Court Judge Andrew Hanen of Texas ruled that DACA was illegal, largely based on the fact that it was created by a memo, rather than a formal rule.

That ruling, currently under appeal in the Fifth Circuit, did not strip the 600,000 or so DACA recipients of their benefits, but it did prevent the Biden administration from signing on new applicants.

Once the new DACA rule is in place, the Biden administration will be able to accept new applicants.

But states like Texas, who filed the lawsuit that led to Hanen’s ruling, are certain to open up new litigation that’s likely to succeed in delaying enforcement of the new rule.

And the rule maintained the cutoff dates from the original memo, meaning that only Dreamers who arrived in the United States by 2007 are eligible to apply.

According to a new report by FWD.us, a tech industry-linked immigration advocacy group, only about a quarter of the 100,000 Dreamers graduating U.S. high schools this year are eligible for DACA under the current cutoff dates.

Source: TEST FEED1

NotedDC — Oz, Fetterman battle turns personal

Pennsylvania’s Senate race has taken a new turn, with GOP nominee Mehmet Oz attacking his Democratic rival John Fetterman‘s personal health several months after Fetterman suffered a stroke that sidelined him from in-person campaigning.

Oz — who has mostly played defense the past few months amid a slew of online jabs aimed at the former celebrity doctor, including mockery for calling a vegetable tray a crudité — went on the offensive this week while citing the Democrat’s health.

“If John Fetterman had ever eaten a vegetable in his life, then maybe he wouldn’t have had a major stroke and wouldn’t be in the position of having to lie about it constantly,” Rachel Tripp, Oz’s senior communications adviser, said in a statement.

The Trump-backed candidate quickly drew backlash over his team’s remark.

“I know politics can be nasty, but even then, I could *never* imagine ridiculing someone for their health challenges,” Fetterman tweeted.

“The problem for Oz is that voters might very well be concerned about the health and fitness of a candidate after a major stroke, but putting out an attack on that rightly makes you look like a ghoul,” Lakshya Jain, a partner at elections website Split Ticket, told NotedDC.

Some have defended the move.

Chris Pack, a GOP strategist, said Fetterman needs to “man up” and answer questions surrounding his stroke if he is going to “dish it out” to Oz online, a strategy that he argues falls flat with most voters in Pennsylvania.

“It’s background noise from staffers,” another GOP consultant said of the attack line from Oz’s camp. “But I do think it is fair [point] to make. It’s a basic tenant of the job.”

In recent weeks, some Republicans, including Minority Leader Mitch McConnell (R-Ky.), have alluded to their doubts of keeping retiring Sen. Pat Toomey’s (R-Pa.) seat, along with others in Georgia and Ohio, because of “candidate quality.”

The Cook Political Report shifted the Keystone State race from a “toss up” to “leaning Democrat” last week.

Read more from The Hill’s campaign team about escalating Senate feud.

Welcome to NotedDC: Your guide to politics, policy and people of consequence in D.C. Have some news, juicy gossip, insight or other insider info? Send us tips: Elizabeth Crisp and Kelsey Carolan. 

📨 Encourage your friends to sign up here: thehill.com/noted.

Biden makes his move on student loan forgiveness

President Biden rolled out his highly anticipated student loan debt forgiveness plan Wednesday, offering the promise of relief for millions of borrowers. 

The package will cancel $10,000 for federal student loan borrowers who make less than $125,000 a year. Pell Grant recipients will qualify for up to $20,000. 

Biden also extended the pandemic-prompted pause on loan repayments through Dec. 31 but signaled that payments would resume at the start of 2023 after being on hold for more than two years. 

The Hill’s Alex Gangitano has more from the White House about the plan, which was part of Biden’s campaign platform. 

And The Hill’s Shirin Ali and Adam Barnes have the full breakdown of what’s all in the package. 

GOP RIPS RELIEF PLAN

Republicans quickly condemned Biden’s move, with House Minority Leader Kevin McCarthy (R-Calif.) likening it to a “debt transfer scam” and Sen. Ted Cruz (R-Texas) calling it “a Hail Mary before midterms.”

“Democrats’ student loan socialism is a slap in the face to working Americans who sacrificed to pay their debt or made different career choices to avoid debt. A wildly unfair redistribution of wealth toward higher-earning people,” Senate Minority Leader Mitch McConnell (R-Ky.) said.

Other Republicans invoked class divides in blasting the relief plan.

“[W]elders, plumbers, laborers, & other Mississippians (black, white, Hispanic, etc.) will be forced to pay off the debts of Harvard doctorate degree gender studies majors living in California. Why does the Democrat Party hate working people so much?” Mississippi Gov. Tate Reeves (R) said.

Democrats, including progressives who have pressured the White House for months to take action on the issue, hailed the move as an historic effort to address burgeoning debt for millions of Americans.

“President Biden’s action to cancel student debt is life-changing for millions of working people. This is transformative relief for the middle class,” said Sen. Elizabeth Warren (D-Mass.).

“President Biden is canceling up to $20,000 of federal student loan debt. This will undoubtedly transform lives,” stated Rep. Cori Bush (D-Mo.). “Grateful for the organizers, activists, and advocates who never let up in the push for student debt cancellation. This victory is because of you.” 

Democrats scramble for top Oversight position

Democrats are racing to throw their names into the ring to succeed Rep. Carolyn Maloney (D-N.Y.) as the top Democrat on the House Oversight and Reform Committee after she lost her primary on Tuesday to Rep. Jerry Nadler (D-N.Y.).

Rep. Gerry Connolly (D-Va.), currently fourth in line behind Maloney on the committee, was the first to offer up his name as a possible successor Wednesday. Our colleague Mike Lillis reports that Connolly says his long experience on the panel protecting federal employees makes him the best fit.

Rep. Stephen Lynch (D-Mass.), who ranks above Connolly, also put his bid in on Wednesday to succeed Maloney, per a letter to his colleagues. He currently serves as chair of the committee’s subpanel on national security.

Another top Democrat on the panel, Del. Eleanor Holmes Norton (D.C.), said she is instead aiming to replace Rep. Peter DeFazio (D-Ore.) as the top member on the Transportation and Infrastructure Committee.

Democrats typically value seniority when picking committee leadership, though it’s not a guarantee. The party will likely want to replace Maloney with a prominent fighter should they be in the minority in the new Congress, as Republicans are threatening to use the committee to investigate the Department of Justice and put a stop to the probes of former President Trump if they take back the House in November. 

Read more from our colleague Mike Lillis on the unfolding contest. 

Goldman’s star rises

The attorney who served as the lead counsel in the first impeachment trial against then-President Trump is poised to make his way back to Washington in January — but this time as a congressman. 

Dan Goldman beat out over a dozen candidates, including incumbent Rep. Mondaire Jones (D), in New York’s newly-created 10th District, centering his campaign platform on how he would be able to use his prosecutorial and investigative experience to take on GOP members. 

As heir to the Levi Strauss & Co. fortune, he poured more than $4 million into his own campaign, giving him a significant boost against his opponents. 

What we’re watching: Goldman told Axios that he wants to join committees focused on oversight and investigations. If Democrats keep control of the House, their probes into former President Trump and his allies will almost certainly continue, making Goldman a member with key experience.  

Read about Goldman’s victory from our colleague Caroline Vakil.

THE COUNTDOWN:

75

Number of days until the November election.

The Hill on the ground in Ukraine

The Hill’s foreign policy correspondent Laura Kelly is in Ukraine as it celebrates its national Independence Day in the shadows of the six-month mark of Russia’s invasion.

In Kyiv on Wednesday, Kelly reported that Ukraine celebrated the holiday with a parade of Russian military vehicles that the Ukrainian military destroyed and took off the battlefield.

“For the majority of the country, it’s this very strong will to push Russia out of all the occupied territories…and that is what Ukrainian officials say their end goal is,” Kelly reported on The Hill TV’s “Rising.” 

To mark the occasion, President Biden announced a nearly $3 billion security assistance package to bolster Kyiv, which comes from the $40 billion package Congress approved in the spring, our colleague Morgan Chalfant reports. 

“The fate of Europe rests on 25 HIMARS, and 200 extra Howitzers,” Oleksii Arestovych, an adviser to the office of Ukrainian President Volodymyr Zelensky, said in an interview with The Hill in Kyiv on Tuesday.

Watch the rest of Kelly’s on-the-ground footage here. 

WASHINGTON MOVES 

The Hill’s Karl Evers-Hillstrom has a weekly roundup of where people are moving in the lobbying world (and you can send us your professional updates, too!). Here are some highlights:   

• Antonia Ferrier joined the International Republican Institute as vice president for external affairs, previously serving as staff director for Senate Minority Leader Mitch McConnell (R-Ky.).
• Blake Peterson will join Meta’s content policy regulation team, previously serving as acting coordinator of the State Department’s digital freedom unit.
• Ashleigh Wilson joined steel producer Nucor Corp. as federal government affairs manager and counsel, most recently serving as legislative director and counsel to House Majority Whip James Clyburn (D-S.C.).
• Allin Hedge will join Intel Corp. as chief of staff for international government affairs, previously serving as chief of staff and senior adviser to the assistant secretary for global markets at the Commerce Department.
• Patrick Finnegan will join Micron Technology as director of government affairs, most recently serving as federal government affairs director at the National Association of Mutual Insurance Companies. 

One more thing: Rebounding COVID

First lady Jill Biden tested positive again for COVID-19 on Wednesday, one day after she received her first negative test after contracting the virus. 

President Biden also had a “rebound” case when he caught the virus, testing positive a few days after he tested out of quarantine. 

The president came back to Washington from Delaware on Wednesday, but the first lady will stay there until she tests negative again, our colleague Brett Samuels writes.

Stay with TheHill.com for the latest and recommend NotedDC to others: thehill.com/noted. See you tomorrow.

VIEW THE FULL EDITION HERE

Source: TEST FEED1