TODAY IN CONGRESS (TIC):
Your One Stop Shop For Learning What Our Congress Critters Are Up To!
Today’s Headlines:
House HEROES Act (CARES 4.0 ) Bill Goes To House Floor TODAY!
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Dr. Rick Bright (Whistle-Blower) House Hearing Recap!
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Richard Burr Resigns as Intelligence Committee Chair Amid Insider Trading FBI Investigation!
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House Rules Changes to Allow Proxy Voting on House Floor TODAY!
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Details below.
Here’s today’s schedule with the events I think may be the most interesting in bold. You can watch C-Span HERE. NOTE: Sometimes C-Span posts additional Congressional events not on my list, later in the day.
Today’s Events:
House —
9:00 am — House Session (The House will consider a new $3 trillion coronavirus aid package. The bill includes money for state & local governments, coronavirus testing and cash payments to Americans. Members will also take up a House rules change to allow remote voting.)
Senate — Not in session.
Thursday’s Votes:
House — No Votes
Senate —
1. House Resolution 6172 (H.R. 6172): Vote on Passage of H.R.6172 - USA FREEDOM Reauthorization Act of 2020 (This bill reauthorizes through December 1, 2023, provisions related to intelligence gathering under the Foreign Intelligence and Surveillance Act (FISA) and amends FISA-related provisions.
The Federal Bureau of Investigation may not seek certain FISA-authorized orders to obtain (1) call detail records on an ongoing basis, (2) a tangible thing where a person has a reasonable expectation of privacy and a warrant would typically be required, or (3) cellular or GPS location information.
In applications for certain FISA-authorized orders to obtain information or conduct surveillance, the applicant must certify that the Department of Justice (DOJ) has received any information that might raise doubts about the application. The bill imposes additional requirements on FISA-authorized orders targeting a (1) U.S. person, or (2) federal elected official or candidate.
The bill increases criminal penalties for violations related to electronic surveillance conducted under color of law or false statements made to the Foreign Intelligence Surveillance Court (FISA court).
The bill broadens the criteria for when a FISA court decision shall be declassified and requires the declassification review and release of such opinions within 180 days of an opinion being issued.
The bill broadens the FISA court's authority to appoint an amicus curiae (an outside party that assists in consideration of a case) and expands such amici's powers, such as the power to ask the court to review a decision.
Each agency that submits applications to the FISA court shall appoint an officer responsible for compliance with FISA requirements.)
Democrats- 31 Yes 14 No 0 Present 0 Not Voting
Republicans- 48 Yes 2 No 0 Present 3 Not Voting
Independents- 1 Yes 0 No 0 Present 1 Not Voting
Totals- 80 Yes 16 No 0 Present 4 Not Voting
PASSED
Voting Details HERE.
Comments:
Today Events — Today’s recommended C-Span TV viewing is an easy pick. It’s the House Floor debates and likely votes on the HEROES Bill and the Rules Changes to allow proxy voting and other stuff.
HEROES Bill (CARES 4.0) — The House Corona Virus Aid Bill, called the “Health and Economic Recovery Omnibus Emergency Solutions Act’’ or the ‘‘HEROES Act’’ hits the House Floor today. This Bill, coming out at a total price of over $3 Trillion, is by far the biggest Corona Virus Bill thus far not only in $$, but in scope. It contains just about everything you can think of targeted to help the lower 99% weather the pandemic. If course there are some House Members complaining about things that are left out, but something is always gets left out.
You can read the full 1800 pages of the Bill HERE. But If you don’t have time for all that reading, you can catch my May 14 TIC for a quick summary.
What happens to this Bill after it passes the House is anybody’s guess. There is tremendous push back from McConnell and other Senate Republicans who don’t want to do more for the lower 99% of us now that they have satisfied their friends in the top 1%, and then there is Trump who has indicated parts of what’s in the Bill as “red” lines for him (e.g., US Postal Aid, Blue State Aid, etc.). So its legislative fate is uncertain. But regardless of what happens to the HEROES Bill in the end, it is still a great piece of Progressive legislation that lays down an important marker politically as to what Democrats stand for and who we stand with.
House Rules Changes — After several weeks of hemming and hawing, the House is finally getting around to change their rules to allow proxy voting by its Members, so as to avoid the COVID-19 health risks associated with flying back and forth to Washington and convening in large groups.
All I can say is AMEN! Such rules changes seem like “no brainers” to me. I can’t for the life of me figure out why it took so long to get this done? Maybe it was being opposed by Republicans with “no brains”. Anyway, it will be debated and probably voted on today on the House Floor.
Richard Burr’s Legal Hot Water — I thought I’d throw this Burr thing in because it is Congress related and it has me (and Rachel Maddow) wondering what’s really going on here. As you probably know Richard Burr is under investigation by the FBI for insider trading related to the Corona virus pandemic. You probably also know that the FBI seized Burr’s cell phone yesterday and that he has resigned from his post as Chair of the Senate Intelligence Committee. But my question is:
“Why Burr?”
Look I am not talking about whether he should be investigated or whether he is guilty of insider trading (he probably is), but why is only Burr being investigated by the DoJ, when other political officials, Georgia Senator Kelly Loeffler and others, have been rumored to have committed the same crime but are apparently not being investigated? Could it have something to do with the fact that Burr got on Trump’s bad side when he allowed his Committee to put out a report that said Russia interfered with the 2016 election to help Trump? Afterall, it’s Trump’s DoJ now. It’s a similar question to why Michael Cohen remains in a COVID infested jail, when Paul Manafort has been released from a non-COVID infested jail. The Corruption Runs Deep!
Thursday’s Votes — Yesterday, the Senate passed the House Bill to further extend certain provisions of the FISA law. As you may recall, the House passed this Bill with some increased protections against possible abuse of FISA warrants on private citizens. The added protections were the result of a strange bedfellows coalition in the House of far right Republicans upset about the use of FISA by the FBI during the Mueller investigation and far left Democrats who have always been wary of FISA abuse. Still the measure passed the Senate by a wide margin (80 to 16) with Burr, Paul and 14 other Democrats voting “NO” most likely on principle.
COMMITTEE ACTIVITY:
Introduction:
NOTE #s1 — 4: To keep this diary as short as possible while still providing a means for new readers to obtain a chronological history on each Committee Activity topic/event below, I have squirreled away the Background information on these topics in other previously posted diaries. So each topic’s Background section below will include links to my September 26, 2019 Diary for Background prior to November 22, my November 22, 2019, 2019 Diary for Background between November 22, 2019 and January 30, 2020, and my January 30, 2020 Diary for Background from January 30, 2020 until today. This and other regular TIC diaries will only include Recent Developments (stuff that happened the day before) and New Developments on each Committee topic/event. Also, I will discontinue posting Committee topics/events that have been inactive for weeks, but their histories will remain in the Background Diaries. If something new happens on these discontinued topics/events, I will bring them back from the dead and post it in the regular TIC.
Now on with the show. (New and Important stuff in bold)
House Select Subcommittee on the Coronavirus Crisis (NEW) —
Background — This Committee was born on the same day that the House passed CARES 3.5, by passage of H.Res. 938. As the name implies it will provide and coordinate oversight of the Trump Administration with regard to the Coronavirus Crisis.
Recent Developments — The House Select Subcommittee on the Corona Crisis, lead by Representative Jim Clyburn (D-SC), held its first Hearing yesterday. While Democrats attended remotely via video link, the all male GOP Committee members lead by Steve Scalise did not. According to CBS News:
Congressman Steve Scalise, the ranking member of the panel, revealed that all the Republican members of the committee were in one room together, to show that social distancing could be accomplished if the House returned to the Capitol. Other members of the committee and the panelists in the hearing were patched in remotely.
Yes, the all male GOP contingent crammed into what did not appear to be very large conference room without masks. I don’t know if they were informed that the Medical Experts have concluded that high levels of testosterone do not make you immune to the Corona virus.
You can read more about the meeting in the POLITICO Story.
New Developments — None
House Energy & Commerce Committee COVID-19 Hearings —
Background — See my May 12 TIC.
Recent Developments — Whistle-blower and Doctor Rick Bright appeared before the House Committee on Thursday to testify about the Federal Corona virus response, or lack of response. See my May 14 TIC for details.
New Developments — Whistle-blower and Doctor Rick Bright appeared before the House Committee yesterday to testify about the Federal Corona virus response, or lack of response, and he didn’t hold back. Here are the Important takeaways from Dr. Bright’s testimony from CNN:
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Bright 'alarmed' at lack of plans from federal agencies and the administration
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Bright says his warnings about supply shortages were ignored multiple times
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'There were some attempts to bypass' a vetting process for hydroxychloroquine
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He cast doubt on the 12- to 18-month timeline for a vaccine
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GOP members question need for hearing and its timing
You can get more important detail from this CNN Story.
Senate Health Committee to Hold COVID-19 Hearing —
Background — See my May 12 & 13 TICs.
Recent Developments — None.
New Developments — None.
House Judiciary Committee Barr Subpoena for Mueller Grand Jury Materials —
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 11 TIC.
Recent Developments — None.
New Developments — None. Since I haven’t heard any Breaking News that the Grand Jury Materials were handed to Congress yesterday, I have to assume that SCOTUS granted at least a 7 day stay, while they decide whether to hear the DoJ’s appeal. If anyone else knows more, please comment.
House Judiciary Committee McGahn Subpoena —
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 5 TIC for details on the April 28 DC Circuit Court (virtual) Hearing in this case.
Recent Developments — None.
New Developments — None, awaiting Court Ruling.
House Judiciary & Intelligence Committee News —
NOTE #1: This used to be the “House Intelligence Committee’s Whistleblower Investigation”. Then it was titled the “House Intelligence, & Judiciary Committees’ Impeachment Investigation”. Then it was titled the “House & Senate Impeachment Proceedings.” But since Trump’s first impeachment is over, I have changed the heading again.
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 11 TIC.
Recent Developments — None.
New Developments — None.
House Intelligence Committee Flynn Subpoena —
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 11 , 12 , 13 & 14 TICs.
Recent Developments — Well Judge Sullivan has taken it to a whole new level today with regard to Barr’s motion to dismiss the charges against Michael Flynn. According to POLITICO:
Sullivan’s order also directed the retired judge, John Gleeson, to recommend whether Flynn should face a criminal contempt charge for perjury — apparently for declaring under oath at two different court proceedings that he was guilty of lying to the FBI, before he reversed course in January and claimed he had never lied.
Sullivan’s announcement appears to shatter the hopes of Flynn’s defense team that the court case will quickly fade away. Instead, the retired general who spent a little more than three weeks as national security adviser before being fired by Trump faces a legal brawl that could drag on for months.
Gleeson, who was appointed to the federal bench in New York by President Bill Clinton and retired to enter private practice in 2016, has already staked out a position deeply skeptical of Attorney General William Barr’s decision to abandon the Flynn prosecution. The ex-judge co-authored an op-ed earlier this week that decried the move.
“Government motions to dismiss at this stage are virtually unheard of,” Gleeson and his co-authors wrote in The Washington Post. “There has been nothing regular about the department’s effort to dismiss the Flynn case. The record reeks of improper political influence.”
More on the perjury question from
CNN:
Regarding Sullivan's perjury question, Flynn has under oath told the judge he is both guilty and innocent of lying to the FBI about his contacts with Russia during the Trump transition.
So Flynn’s either guilty of lying to the FBI or he’s guilty of lying to the Court. As I see it the Judge has not only signaled an inclination to deny the DoJ’s Motion to Dismiss the original charges, he has taken up a notch to appoint a third party (can’t trust the DoJ to do it) to investigate new charges of perjury against Flynn. This is going to be a HUGE fight that could result in a HUGE slap down of Barr and his corrupt DoJ accomplices.
New Developments — More on Judge John Gleeson (Judge appointed by Judge Sullivan to investigate Flynn DoJ dismissal) from CNN:
On Wednesday, Gleeson became the latest participant in the turbulent criminal case against President Donald Trump's former national security adviser Michael Flynn, after the federal judge overseeing the case appointed Gleeson to oppose the Justice Department's effort to drop it.
An esteemed former federal judge himself, Gleeson, 66, entered the discourse around the Flynn case on Monday, when he and two other former Justice Department officials wrote in The Washington Post that among the steps US District Judge Emmet Sullivan could take would be to "appoint an independent attorney to act as a 'friend of the court,' ensuring a full, adversarial inquiry."
Saying the case "reeks of improper political influence," they wrote that "if prosecutors attempt to dismiss a well-founded prosecution for impermissible or corrupt reasons, the people would be ill-served if a court blindly approved their dismissal request. The independence of the court protects us all when executive-branch decisions smack of impropriety; it also protects the judiciary itself from becoming a party to corruption."
Now, according to Sullivan's order, Gleeson will articulate an argument against the Department of Justice's effort to end the prosecution and will weigh whether Flynn should face a perjury charge for contradictory statements he has given the court.
Former colleagues, contemporaries and friends of Gleeson's -- even some who have expressed sympathy for Flynn's position -- said they expect Gleeson's rigor, intellect and experience to be a welcome counterweight to the tumult of the case so far.
I can only hope that we will get to see or hear the arguments in this case LIVE. But even a reading of the transcript would be great.
House Committees Subpoenas/Requests for Trump Banking/Financial Records & Taxes:
Background — Pre-Nov. 22 CLICK HERE. Nov. 22 to Jan. 30 CLICK HERE. Post Jan 30 CLICK HERE. Also, see my May 11 , 12 , 13 & 14 TICs.
NOTE: In previous TICs, there were 3 separate topic threads (1. Deutsche/Capital One Bank Subpoenas, 2. Mazars’ Subpoena, and 3. Trump Taxes) covering 5 different court cases. Since they are all dealing with the same general topic (Trump’s hidden financial history) and were starting to get intertwined in my brain, I have rolled them all under the single header above to hopefully make things less confusing.
Also, to further help keep things organized, below are the five (5) ongoing court cases dealing with Trump’s Banking/Financial Records and tax returns.
1. Trump vs. Deutsche Bank and Capital One — Case brought by Trump against the the two banks in an effort to block a subpoena from the House Financial Services and Intelligence Committees for the Trump Organization’s banking records, including tax returns.
2. Trump vs. Mazars (Congressional Case) — Congressional Mazar’s case brought by Trump against Mazars (the Trump Organization’s former Accounting Firm) in an effort to block a subpoena from the House Oversight and Reform Committee for the Trump Organization’s financial records, including tax returns.
3. Trump vs. Mazars (Criminal Case) — Case brought by Trump against against Mazars (the Trump Organization’s former Accounting Firm) in an effort to block a subpoena from the Manhattan DA for Trump’s tax returns. The DA has subpoenaed these takes returns in conjunction with his criminal investigation of Trump’s hush money pay off to Stormy Daniels.
4. Congress vs. the IRS & Treasury Department (Trump’s Federal Tax Returns) — This case is a lawsuit brought by the House Ways & Means Committee against the IRS and Treasury Department for their failure to turn over Trump’s tax returns upon the Committee’s request as required BY LAW.
5. Trump vs. NYS Tax Department (Trump’s State Tax Returns) — This case is a lawsuit brought by Trump to block NYS from turning over his State tax returns to Congress.
I will use these case #s below to help keep things organized.
Recent Developments — None.
New Developments — None, awaiting SCOTUS rulings.
THAT’S IT FOR TODAY! Stay Healthy All! And Have A Nice Weekend!