Nel's New Day

March 31, 2018

Census on Front Burner, Legal Decisions Helping People

The worst event in the past week may be the decision to add a question to the census about immigration status. Republicans have eliminated any questions about LGBTQ people, but they plan to add a question that intimidates people to cut down the number of votes for their own purposes. The question hasn’t been asked since 1950 and will start an immense legal and political war. Twelve states are already suing Dictator Donald Trump (DDT) to stop the interrogatory question.

The Constitution requires a count of “the whole number of persons in each State” and says nothing about citizens. The SCOTUS ruling in Evenwel v. Abbott (2016) unanimously stated that legislative maps should be on total population, not the number of citizens.

Commerce Secretary is already lying about the necessity for “more effective enforcement” of the Voting Rights Act, but it’s already asked on the longer American Community Survey which is used to enforce civil rights laws. The census determines the drawing of congressional districts, the number of electoral votes, and the allocation of $675 billion from 300 programs in federal funding to states and localities. Undercounts deny federal resources and representation to Latino populations and shift power to white, Republican regions. An undercount of just one percent, for example, could cause Texas to lose $300 million in federal monies for children’s insurance and Medicaid.

Common Cause is suing Cambridge Analytica for using foreign workers to orchestrate U.S. elections. A 2014 C.A. report described its management of the campaign for GOP candidate Art Robinson in his campaign against Rep. Peter DeFazio (D-OR) in violation of the law.

A federal lawsuit in Utah is contesting the state’s decision to prevent a U.S. citizen from Samoa from running for office. The plaintiffs maintain that the 14th Amendment confers citizenship on people born on U.S. soil, whether state, territory, of the District of Columbia.

Three men, DDT supporters, are on trial in Kansas for plotting to bomb a Muslim apartment building to start a holy war. They hoped to slaughter Muslims to inspire other to follow their lead. Despite the political purpose of the plans, the judge refused the claim, and the defense lawyers are attacking the FBI with the claim that FBI entrapment unfairly persuaded the three men to have the terrorist plot. DDT has been silent about the terrorism.

Environmental groups are suing the EPA for removing a policy imposing limits on hazardous air pollutants from factories, plants, and other major polluters.

DOJ’s Solicitor General Noel Francisco has asked to defend Texas gerrymandering maps found by a lower court to be discriminatory. The case goes to the Supreme Court on April 24.

The day after Stormy Daniels’ interview aired on 60 Minutes, she filed a defamation lawsuit against DDT’s personal attorney Michael Cohen for accusing her of lying about an affair with DDT. Demanding a jury trial, the suit also contains the argument that DDT’s non-disclosure agreement is not valid because Cohen’s payment of $130,000 violated federal law and DDT didn’t sign the agreement. A judge has refused to allow a deposition of DDT.

The Federal Trade Commission has opened an investigation into Facebook’s privacy practices.

Legal Decisions:

A federal judge on Friday evening temporarily blocked DDT from stopping abortions for unaccompanied immigrant teenagers who are or will be in federal custody because it violates the girls’ constitutional rights. HHS are not permitted to obstruct access to abortion, counseling, medical appointments, or other pregnancy-related care.

A federal judge refused to permit an ExxonMobil lawsuit intended to stop New York and Massachusetts’ probe into the company’s misleading investors and the public about its knowledge of climate change.

A federal judge refused to allow a conservative group to purge voter lists of eligible voters.

An appellate judge told Gov. Scott Walker (R-WI) that he had to hold an election for empty legislative seats in the third ruling this week, and he gave up. Walker attacked Eric Holder and other Democrats on Twitter but set up the special elections for June 12 to fill seats vacated last year.

Washington, D.C. and Maryland may proceed with a lawsuit against DDT, according to a federal judge. The case alleges that DDT’s business dealings violate the constitutional ban on “emoluments,” payments to the president from states and foreign governments.

U.S. District Judge Brian Morris told government officials they must consider climate change in mapping out infrastructure and land use in the Wyoming/Montana Powder River Basin that produces 40 percent of the nation’s coal. He told the BLM that they had to work with environmental groups for future development in the area.

A federal judge cited DDT’s “racially charged language” when he ruled that a lawsuit to protect DACA participants may continue. Judge Nicholas G. Garaufis pointed out that DDT’s many “racial slurs” and “epithets” created a “plausible inference” that his ending DACA violated the constitutional equal protection clause.

Firings/Appointments:

This week saw the disappearance of another Cabinet member. Two days after DDT said he wasn’t firing VA Secretary David Shulkin, he did. Pete Hegseth, Fox & Friends co-host, will have to wait for a DDT appointment; DDT says that he has picked Rear Adm. Ronny L. Jackson, his personal physician who said glowing things about DDT, as the replacement for acting secretary. The media is now revealing that Hegseth has a tremendous amount of baggage that could keep him from confirmed.

Shulkin is not going quietly. He wrote an op-ed for the New York Times and has appeared on various television programs about how DDT surrounded him with staffers working to privatize the VA in opposition to the positions of veterans advocacy groups and lawmakers concerned about the influence of the Koch brothers and other far-right people to destroy public healthcare. Shulkin pointed out that private health care can’t even take care of its own clients now, let alone the number of patients and their specialized needs coming from veterans dumped onto the system.

The VA Secretary was ostensibly fired because of his travel expenses, a claim made invalid by the inordinate costs of Interior Secretary Ryan Zinke, Treasury Secretary Steve Mnuchin, and EPA Secretary Scott Pruitt. Pruitt paid $40,000 cost to take seven aides staff and an undisclosed number of protective staff to Morocco about the nation’s interest in importing liquified nitrogen gas. The Department of Energy and that Federal Energy Regulatory Commission are in charge of LNG exports, not the EPA. Last June, Pruitt’s expenses to the G7 environmental summit were $120,000. While there, Pruitt attending one meeting and left early. For much of his first year in Washington, Pruitt lived in a condo owned by co-owned by the wife of a top energy lobbyist which includes LNG exports. He paid about $1,000 a month in the fifth most expensive city in the country and in an area where rentals go for about $5,000 a month.

William Charles “Chad” McIntosh, DDT’s pick to head the EPA office of International and Tribal Affairs, comes from the Ford Motor Company where he failed to stop an industrial spill contaminating groundwater with a carcinogen chemical in a Michigan suburb. McIntosh may be deposed in a lawsuit. He also has a background in rolling back Michigan’s environmental protections.

Hope Hicks may be gone from the White House, but DDT now has Caroline Sunshine (left). The 22-year-old Disney Channel star from Shake It Up is a press assistant. (Remember when DDT said that Stormy Daniels, below, wasn’t his type?)

 

 

 

 

 

 

 

 

 

Christine Harbin, another anti-clean energy fighter, has been appointed as senior adviser for external affairs in the U.S. Department of Energy’s (DOE) Office of Electricity Delivery and Energy Reliability, primarily dealing with the electricity grid. She worked for the Koch brothers’ Americans for Prosperity since 2012 and, before that, for the Koch-funded ALEC, always in a position to support pollution.

House Speaker Paul Ryan (R-WI) failed to keep Matthew Masterson on the U.S. Election Assistance Commission despite his cyber abilities to fight Russian meddling in elections, but he’s now been hired for the DHS cyber wing to work on election security. State election officials have praised his ability and leadership.

People are beginning to notice the environment: 59 percent rate quality of environment negatively, 40 percent positively; 61 percent say quality of the environment getting worse, 33 percent say better.

DDT is wasting money by doing away with regulations. In the past decade, the government made from $287 billion to $911 billion each year from regulations while spending from $78 billion and $115 billion to implement them. DDT’s goal is to eliminate 75 percent of the regulations that keep people safe. For years, I’ve asked a Republican friend which regulations she wants to get rid of; she never has had an answer.

Note from yesterday’s post on Laura Ingraham: the conservative host is taking a break from her Fox program, “The Ingraham Angle.” Thus far, at least 16 large companies have dropped their advertising after her attack on the Parkland (FL) survivor, leaving only IBM on Friday night.Now North Carolina Rep. Beverly Boswell (R) used her Facebook page to accuse student protesters at the Washington, D.C. rally of wanting to “murder” gun owners.

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