TODAY IN CONGRESS (TIC):
Your One Stop Shop For Learning What Our Congress Critters Are Up To!
Today’s Headlines:
Appellate Judges Push Back Against Flynn’s Attorney and Barr’s DoJ in Hearing on Overruling Judge Sullivan in Flynn Case
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DAY 30 Since the House Passed the HEROES Bill and Not A Peep From Mitch!
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 —
12:00 pm — House Education and Labor Committee Hearing on COVID-19 Budget Cuts & Public Education (House Education and Labor Committee holds a virtual hearing on the impact of budget cuts - due to COVID-19 - on public education.)
12:00 pm — House Intelligence Committee Hearing on COVID-19 in Sub-Saharan Africa (The House Intelligence Committee holds a virtual hearing on the impact of COVID-19 in Sub-Saharan Africa.)
3:00 pm — House Pro Forma Session
Senate —
3:00 pm — Senate Session (Senators will resume debate on a public lands package called the Great American Outdoors Act that would permanently fund the Land and Water Conservation Fund (LWCF) at $900 million a year and establish a fund for national parks and land maintenance.)
Thursday’s & Friday’s Votes:
House — No votes
Senate — No significant votes.
Comments:
Today Topics/Events —
Police Reform Legislation — For those who may not have seen the “Justice In Policing” Bill (H.R. 7120) put forth by House Democrats last week, you can read the full text HERE. However, if you just want a quick glance at what’s in the Bill, PBS has this nice little summary (below):
The first section of the bill deals with police accountability. It seeks to change the qualified immunity doctrine, which currently prevents people from recovering damages when law enforcement officers violate their constitutional rights. The law would also provide grants to state attorneys general to conduct pattern and practice investigations and to create independent investigations processes for law enforcement misconduct or excessive use of force.
Lawmakers also want to implement more uniform standards for best practices and community accountability by taking steps like requiring the attorney general to create law enforcement accreditation standard recommendations. The bill would also require attorneys general to collect data on a number of police interactions including investigatory actions and detentions by federal law enforcement agencies, the racial distribution of drug charges, use of deadly force by and against law enforcement officers, and traffic and pedestrian stops and detentions.
The second section of the bill deals with what lawmakers call policing transparency through data. It would create a federal registry of all federal, state and local law enforcement officers that would include misconduct complaints, discipline records, and termination records. The bill would also require states to report to the Justice Department any incident in which force is used against a civilian or against a law enforcement officer.
The third section of the bill focuses on improving police training and policies. The law would mandate officers receive training on racial, religious and discriminatory profiling. It would also require law enforcement agencies collect data on all investigatory activities and submit that data to the Justice Department.
The bill seeks to ban the use of chokeholds and change the use of force standard for federal officers from reasonableness to only when necessary to prevent death or serious bodily injury. The bill would also limit the transfer of military-grade equipment to state and local law enforcement, require federal uniformed police officers to wear body cameras, and mandate all marked federal police vehicles have dashboard cameras.
The fourth section of the bill would make it a federal crime to conspire to violate existing hate crimes laws, and would make lynching a federal hate crime.
Notice there is no discussion of “defunding the police”. This is a GOP FALSE Canard designed to pump up their racist base.
Now as I said last week Republican Senator Tim Scott has been tasked by MoscowMitch with putting together a GOP Senate Bill that I predicted would be a watered down version of the House’s “Justice in Policing” Bill. It seems I was right, as spelled out in this USA Today Article:
In an interview with Fox News Saturday, the South Carolina Republican – and lone black GOP member in the Senate – said he won't support an end to "qualified immunity," a key demand from liberal activists which has become part of the sweeping Justice in Policing Act of 2020 Democrats unveiled Monday.
"That's a non-starter from my perspective," Scott said.
That follows earlier statements from Scott opposing provisions in the Democrats' bill that would bar state and local law enforcement agencies from using certain police tactics such as chokeholds on suspects or "no-knock" warrants in drug cases.
When you hear a politician say something is a “non-starter” with regard to negotiations on a Bill, you know there’s gonna be a big fight. So I don’t see passage of any Bill anytime soon. But before we get to the Senate, the action this week will be in the House where the Bill will be marked up by the House Judiciary Committee and may get to the House Floor before the end of the week, and likely pass before the end of June.
COVID-19 Legislation — As we enter into Day 30 since the House passed the HEROES Bill with still no response from MoscowMitch, last week’s Senate Committee Hearing with Treasury Secretary Mnuchin raised the prospect of another round of Federal Corona Virus Economic Stimulus legislation. According to the CNBC Report:
Additional stimulus legislation is coming, Treasury Secretary Steve Mnuchin said this week. But those talks likely won’t get serious until late July.
“I definitely think we are going to need another bipartisan legislation to put more money into the economy,” Mnuchin told the U.S. Senate Committee on Small Business and Entrepreneurship on Wednesday.
During the Senate hearing, Mnuchin was asked what he would put in the next coronavirus stimulus bill.
“If I were king for a day, I would say we should spend the next 30 days looking at a lot of different things,” Mnuchin said.
That would include providing incentives for businesses to rehire people, particularly in industries that are just getting back on their feet, such as travel and restaurants, he said.
“I think we’re going to need to fix unemployment,” Mnuchin said.
Does Mnuchin mean incentives for Businesses to rehire people to go back to work in unsafe Corona Virus environments? And what does he mean by “Fix Unemployment”?
Also, isn’t it curious that Trump Mnuchin and the GOP in general having been ignoring or poo-pooing any further stimulus legislation until just last week when Wall Street started to tank again as they realized the Corona Virus Pandemic was NOT over. Coincidence? I don’t think so.
Today’s C-Span TV Picks — So it’s a Monday, so Congress usually has a light schedule and today is no different as Senators and Representatives crawl back into Washington (at least some of them anyway). But if I had to pick something to watch, I would go with the House Hearing on the effects of COVID related Budget Cuts on Public Education. Since my wife is a teacher in a not so well off public school, I am seeing looming disaster up close and personal. While schools have to spend un-allocated funds on “Chrome Books” and other things so kids can learn at home this Spring, they are looking at huge layoffs of teachers and staff in the Fall to make up for the shortfall, just at a time the kids need them most. Without the funding from the HEROES Act, which the GOP Senate refuses to take up, there may be no way to avoid this coming educational catastrophe. Speaking about the Senate, in the vain of fiddling as Rome burns, they will be continuing debate on the Great American Outdoors Act in a most likely futile effort to save Senator Cory Gardner’s Butt this Fall. Good Luck with that!
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)
Senate Judiciary Committee — Past FBI Trump/Russia Investigation & FISA Warrants —
Background — See my June 8 TIC.
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 , 19, 20 & June 5 TICs.
Recent Developments — None.
New Developments — None.
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, June 5, 8 11 TICs.
Recent Developments — So unless you live under a rock, you already know that George Floyd’s brother gave emotionally gripping personal testimony in front of the House Judiciary Committee yesterday, as the Committee grapples with police reform. Since there are already a number of News Reports up in this topic, I won’t go into detail. But here are the links to some of them if you haven’t read them already:
NY Times
Washington Post
AP News
NPR
Also, if you haven’t already watched the Hearing, here is the C-Span Link for your viewing pleasure.
But what caught my attention in the Hearing was how tone deaf some right wing Republican’s on the Committee were to very loud and massive Nationwide outcries of the Protesters. As pointed out in this Vox Report:
Some Republicans seemed more worried about protecting law enforcement than addressing police brutality
Amid discussion of specific policy proposals and their various merits and shortcomings, several Republican lawmakers instead took stands against concepts like “abolish the police” or “defund the police.” (The bill that prompted the hearing included neither.)
Other GOP members of the committee seemed committed to equating black lives and police lives.
Amazing! It should be noted that there is NOTHING in the House Bill whatsoever about Defunding or Abolishing the Police. This is just another FALSE GOP Boogyman being rolled out by the GOP to distract from the problems with policing in America that they don’t want to talk about. It’s right along with their other FALSE canard that Antifa is behind the crimes and violence during some protests.
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 , 15 , 19, 20, 27, June 3, 5, 8 & 11 TICs.
Recent Developments — Well Retired Judge John Gleeson sure did not disappoint in the Brief he filed yesterday in opposition to DoJ’s request to drop all charges against Micheal Flynn. He went after the Barr/Trump DoJ with both barrels and after that he pick up a Bazooka. Here are the highlights from POLITICO:
The former federal judge, John Gleeson, skewered Attorney General Bill Barr’s handling of the case, describing it as an “irregular” effort that courts would “scoff” at were the subject anyone other than an ally of Trump. The 82-page excoriation featured a painstaking reconstruction of the Flynn case and accused DOJ of contradicting its own arguments and precedents to justify dropping the case against Flynn.
“Even recognizing that the Government is entitled to deference in assessing the strength of its case, these claims are not credible,” Gleeson wrote. “Indeed, they are preposterous.”
Gleeson is recommending that the judge overseeing the case, U.S. District Court Judge Emmet Sullivan, instead proceed to sentence the former Trump national security adviser on the false-statement charge he admitted to two-and-a-half years ago — and later rescinded.
"The facts surrounding the filing of the Government's motion constitute clear evidence of gross prosecutorial abuse. They reveal an unconvincing effort to disguise as legitimate a decision to dismiss that is based solely on the fact that Flynn is a political ally of President Trump," Gleeson wrote in a filing Wednesday with Sullivan, who formally tapped Gleeson to weigh in as a friend of the court.
You can read the Full 82 page Brief HERE.
New Developments — On Friday, Flynn’s lawyer’s took their shot at trying to get a 3 Judge Panel from the Court of Appeals to overrule Judge Sullivan and immediately grant the DoJ request to drop all charges against their client. For those on Judge Sullivan’s side (the side of Justice) it sounded like “2 out 3 Ain’t Bad”, to steal a line from a Meatloaf tune. Here’s the Hearing summary from POLITICO:
A federal appeals court panel appears poised to reject — at least for now — Michael Flynn’s effort to force a federal judge to dismiss the criminal case against him.
“I don’t see why we don’t observe regular order and allow him to rule,” said appeals court Judge Karen Henderson, an appointee of President George H.W. Bush, during pointed telephone arguments that stretched to nearly an hour and 45 minutes.
“There’s nothing wrong with him holding a hearing, as far as I know,” Henderson added. “I don’t know of any authority that says he can’t hold a hearing before he takes action.”
Of the three judges hearing the case, Judge Robert Wilkins sounded most skeptical of the positions taken by Flynn and the Justice Department. Wilkins repeatedly suggested that saying there was no role for Sullivan at all would open the door to all kinds of prosecutorial mischief, including allowing improper racial considerations to cause the dismissal of a prosecution.
“If the government doesn’t have to disclose all its reasons, you’d never know it was happening,” said Wilkins, an appointee of President Barack Obama.
Judge Neomi Rao, a Trump appointee, also sounded reluctant to have the appeals court step in at this point. She asked Wall what the “concrete” harm would be to allowing a hearing where Sullivan could question a government attorney.
Sounds like Sullivan is going to get to have his Hearing. So Barr’s DoJ is gonna have some splain’en to do! Also, check out this detailed DKos Post on the subject by Kerry Eleveld.
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!