11/9/21
•According to WaPo political reporter and Peril co-author Robert Costa; “Political reporters are on the democracy beat.” Coming later today in this space, we begin a three-column debate on whether January 6 was a ‘dress rehearsal’ for a potential pro-Trump coup in 2024. Join the conversation and send comments to editors@thehustings.news. Please be civil.
And the Latest 1/6 Select Committee Subpoenas Go To – The House Select Committee investigating the January 6 Capitol insurrection issued six more subpoenas Monday, as it awaits Attorney Gen. Merrick Garland’s next move on how to handle a contempt of Congress charge against Stephen K. Bannon. As with Bannon, this list of five men and one woman includes no one who was a federal employee, working for the Trump administration – and thus with no basic claim to executive privilege -- when allegedly planning on January 5-6 to overturn the November election in favor of Donald J. Trump. The list, per The New York Times:
•Michael Flynn: Former national security advisor to President Trump.
•John Eastman: Attorney who drafted the memo on how Trump could use Vice President Pence and Congress to try to invalidate election results.
•Bernard Kerik: Former New York City police commissioner who participated in a planning meeting at the Willard Hotel January 5. Then-President Trump in 2020 pardoned Kerik for ethics violation convictions.
•Bill Stepien: Trump campaign manager who supervised its conversion into the “stop the steal” campaign.
•Jason Miller: Senior advisor to the campaign who participated in the January 5 Willard Hotel meeting.
•Angela McCallum: Trump campaign national executive assistant, she reportedly left a voice mail message for an unknown Michigan state representative asking whether she could “count on” the rep to help appoint an alternative slate of electors.
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House GOP Blowback on Infrastructure Vote – Punchbowl News says rank-and-file Republican members of the House of Representatives are pushing leadership to strip of their committee posts 13 GOP colleagues who voted for President Biden’s $1.2-trillion bipartisan infrastructure bill last Friday. The acrimony is reportedly roiling House GOP leadership, all the way up to Minority Leader Kevin McCarthy of California.
Much of the anger is directed at Rep. John Katko, R-NY, who joined 12 other Republicans in the 228-206 passage of the bill and is ranking member on the Homeland Security Committee. Katko also was one of 10 House Republicans to vote for Donald J. Trump’s second impeachment.
Several other Republicans who voted for the bipartisan bill hold ranking committee posts, according to Punchbowl News, and three of the 13 have already announced they will not run for re-election next year.
Note: This is all political, of course. Republican House members are angry that members of their party handed Biden his first major legislative victory, even on a bill that has widespread support across the country. The 13 Republicans gave House Speaker Nancy Pelosi, D-CA, who lost six progressives on infrastructure, a cushion on the vote.
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Two for SCOTUS Today – In Ramirez v. Collier, the U.S. Supreme Court will rule definitively on the rights of a convict on death row to receive spiritual comfort and advice prior to execution, per SCOTUSblog. The case involves a Texas policy that has excluded all spiritual advisors from the state’s execution chambers.
Also today, in United States v. Vaello-Madero, the court will consider equal protection challenging Puerto Rico’s exclusion from federal safety net programs (SCOTUSblog). The case involves Jose Luis Vaello-Madero, a Puerto Rican-born U.S. citizen who was living in New York City in 2012 when he became seriously ill and began receiving Supplemental Security Income (SSI). When he returned to Puerto Rico to be closer to family, the SSI stopped. While Puerto Rico is U.S. territory, its citizens are excluded from such safety net programs.
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Going in the Wrong Direction? — Sixty-two percent of Americans polled by Morning Consult say that the U.S. is headed in the wrong direction. Since early May, when the number was 50%, those thinking that things aren’t going where they are supposed to be has been heading upward. If there is any satisfaction in the numbers, which are compiled each week, it is that on January 15, 2021, those who said “wrong track” was at 79%, a peak.
Note: One of the primary problems of the Biden Administration is a remarkable inability to message. Until that gets fixed the wrong-way perception will not change. It isn’t going to happen by having Biden stand in front of a White House podium intoning a script, but by having enthusiastic people out there talking about things that are going right, whether on Wall Street (how often did Trump take credit for a rising stock market?) or Main Street (the jobs numbers improved, but no Democrats are beating a drum about it).
--Edited by Todd Lassa, Gary S. Vasilash and Charles Dervarics
MONDAY, NOVEMBER 8, 2021
•Facebook whistleblower Frances Haugen testifies before the European Parliament in Brussels today, and before French lawmakers in Paris Wednesday; both groups are expected to air their own proposals for changes to the EU’s content moderation rules, called the Digital Services Act (Politico).
•The U.S. reopens international borders today to travelers from 33 countries, mostly in Europe, plus Canada and Mexico, who have been vaccinated for COVID-19, and have proof of a recent coronavirus test (WaPo).
Court Blocks Vax Mandate -- The U.S. Court of Appeals for the Fifth Circuit, in response to a lawsuit filed by a group including Louisiana’s attorney general, ruled that the Biden administration’s vaccine requirement that companies with 100 or more employees (who must be vaccinated or show regular negative COVID tests), which is to go into effect January 4, 2022, is suspended.
Note: The Biden rule is to be implemented through the Occupational Safety and Health Administration (OSHA), which was put into existence in 1970 under Richard M. Nixon, who, as you may recall was a Republican. And it is worth noting that the 91stCongress (1969-1971) included 243 Democrats and 192 Republicans. Who knew that there could be things done on a bipartisan basis?
While there seems to be glee in Baton Rouge — The Washington Post quotes Jeff Landry, the Republican attorney general of Louisiana saying the court’s action is “a major win for the liberty of job creators and their employees” — there is something to keep in mind.
Presently there are 754,000 deaths in the U.S. attributed to COVID-19. The Biden plan is meant to help mitigate the addition of more people to that role.
And there is something that is Section 5(a)(1) of the Occupational Safety and Health Act, known as the “General Duty Clause.”
According to the General Duty Clause employers are required to provide employees:
"employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees...."
Presumably COVID-19 is recognized. The 754,000 deaths were certainly not all workplace related, but it is a known cause of death and physical harm to those who don’t die.
And that is a “major win for the liberty of job creators and their employees”?
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Granholm: “All Options on Table,” Including Strategic Energy Reserve – President Biden has not ruled out tapping the Strategic Energy Reserve as petroleum prices spike under pressure from demand and of supply bottlenecks, according to Energy Secretary Jennifer Granholm. “All options are on the table,” Granholm told CNN’s Dana Bash on State of the Union Sunday.
Note: More critical to the Biden administration’s first-year success as bipartisan infrastructure bill spending begins is the price of gasoline, which sits at an average of $3.422 per gallon according to AAA, and of home heating oil, which also is spiking. The problem is related to fears of continued high inflation even as Treasury Secretary Janet Yellin tries to reassure Americans that this is not likely to be the case next year as employment returns to normal levels and supply chains open up. For now, high energy cost concerns will create more fodder by moderate Democrats and Republicans against the White House’s $2 trillion Build Back Better social safety net package.
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And So Infrastructure Has Come to Pass – It seems to have taken the Democratic loss in last week’s Virginia gubernatorial election and a much closer call than polls predicted in the New Jersey governor’s race to finally get the bipartisan infrastructure (BIP) bill passed in the House of Representatives, 228-206, and sent to President Biden’s desk for signing into law. Biden cancelled his usual, short, weekend trip home to Wilmington, Delaware, in order to sign it.
The House vote included 13 Republicans in favor and six progressive Democrats who voted “nay.” (See The List.)
To keep things straight, this infrastructure bill is the one for which Congress members can go home and tell constituents that roads will be built and bridges fixed; lead water pipes replaced; Amtrak enhanced; and wi-fi installed in rural America. It’s $1.2 trillion, of which $550 billion is new spending and the rest reauthorizes surface transportation and water programs for five years, according to Roll Call.
Note: For months moderate Democrats and some Republicans have urged House Speaker Nancy Pelosi, D-CA, to allow separate votes on BIP and on Biden’s approximately $2-trillion social safety net Build Back Better (BBB) program set to pass via the reconciliation process. Blockage came from Sens. Joe Manchin III, D-WV, who has already negotiated the package down from $3.5 trillion, and Krysten Sinema, D-AZ.
But on Friday, when Pelosi had scheduled a vote on both bills, six moderate House Democrats blocked it, Roll Call reports, saying they couldn’t vote for it without a Congressional Budget Office score detailing its costs. Five of the Democrats, Ed Case of Hawaii, Josh Gottheimer of New Jersey, Stephanie Murphy of Florida, Kathleen Rice of New York and Kurt Schrader of Oregon, said if the package remains un-modded “other than technical changes,” they will help forward the package the week of November 15.
But there remain several moving parts, and we’d bet this will get punted into early next year. At least Biden has infrastructure.
The List: (Per The New York Times.)
The “Squad” of progressive Democrats who voted against the BIP Friday:
•Jamaal Bowman, New York.
•Cori Bush, Missouri.
•Alexandria Ocasio-Cortez, New York.
•Ilhan Omar, Minnesota.
•Ayanna S. Pressley, Massachusetts.
•Rashida Tlaib, Michigan.
Eight Republicans in the Problem Solvers Caucus who voted for the BIP Friday:
•Don Bacon, Nebraska.
•Brian Fitzpatrick, Pennsylvania.
•Andrew Garbarino, New York.
•Anthony Gonzalez, Ohio.
•John Katko, New York.
•Tom Reed, New York.
•Christopher H. Smith, New Jersey.
• Fred Upton, Michigan.
Five additional Republicans who voted for the bill:
•Adam Kinzinger, Illinois.
•Don Young, Alaska.
•Nicole Malliotakis, New York.
•David B. McKinley, West Virginia.
•Jeff Van Drew, New Jersey.
--Edited by Todd Lassa and Gary S. Vasilash
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FRIDAY, NOVEMBER 5, 2021
•Pfizer says its experimental antiviral pill for COVID-19 treatment has cut hospitalization and death rates in trials of high-risk adults by nearly 90%.
•The trial in the death of Ahmaud Arbery begins today in a Georgia court.
•Funeral for former Secretary of State Colin Powell is held today at Washington National Cathedral.
•Scroll down for our debate on the meaning of Republican Glenn Youngkin’s victory in Tuesday’s Virginia gubernatorial race.
Good October Jobs Numbers – Nonfarm payroll in the U.S. increased by 531,000 jobs in October, a return to an employment boom from about 1 million per month in June and July, before stumbling in August and September. The unemployment rate dropped by 0.1 points to 4.6%, according to the Labor Department’s Bureau of Labor Statistics (BLS). Leisure and hospitality employment continues its recovery, and the BLS also cites gains in professional and business services, manufacturing and transportation and warehousing, while public education lost jobs.
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Is Today Really the Day? – Democrats in the House of Representatives are planning to vote today on the $1.75-trillion budget reconciliation bill and, oh yeah, pass the $1.2-trillion bipartisan infrastructure bill ($550 billion in new spending) the latter of which would head straight for President Biden’s desk.
Questions remained Thursday over process and policy, including how the social spending bill would provide relief to undocumented immigrants, and how to raise the cap on state and local tax deductions without additional benefit to the wealthiest homeowners, Roll Call says. Prescription drug price provisions were also being negotiated so that bill matches an agreement that House and Senate Democrats reached earlier this week.
New Jersey Democrats also negotiated a deal late Thursday to raise the limit on state and local tax deductions (SALT) to $80,000, according to Roll Call. It was lowered to $10,000 in 2017.
Note: Would this have saved Terry McAuliffe’s failed Virginia gubernatorial candidacy if it happened last week? Probably not. The bipartisan infrastructure bill should give Democrats some hope for their prospects in Senate and House races in next year’s midterm elections, though.
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Meanwhile, the Republican Message – Progressive Democrats are hopeful that Sen. Joe Manchin III, D-WV, will come through and support the $1.75-trillion social infrastructure budget reconciliation bill after the House (probably) passes it today along party lines. Sen. Krysten Sinema, D-AZ, the other swing-voter, appears MIA on the issue the last couple of days.
But Sen. Lindsay Graham, R-SC, put out this warning on Fox News Thursday: “Any Democrat who claims to be a moderate if you vote for the socialist spending package, you will get your ass beat and you deserve it.”
Note: Graham’s warning isn’t for Manchin nor Sinema, both of whom are not up for re-election to the Senate until 2024, but to moderate House Democrats who must support the social infrastructure bill for it to pass today.
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From the Newspaper that Gave Us ‘Headless Body in Topless Bar’ – The New York Post reports climate change activists “Swarm Joe Manchin’s Maserati as he Tries to Leave Parking Garage.”
“A gaggle of far-left environmentalists” chased Manchin from his Washington houseboat on the Potomac as he tried to leave a parking garage Thursday.
Note: The Murdoch-owned New York tabloid says both Manchin and Sinema have been the target of radical environmentalists angry about their balking at the budget reconciliation bill, which contains $550 billion worth of climate change mitigation policy.
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U.S. Justice Dept. Files Suit Against Texas S1 — The U.S. Justice Department has filed a lawsuit against both the State of Texas and the Texas Secretary of State (John B. Scott) “over certain restrictive voting procedures” in Texas Senate Bill 1, claiming that they violate part of Section 208 of the Voting Rights Act [i.e., restricting assistance to voters in the polling booth who are disabled or illiterate] and Section 101 of the Civil Right Act of 1964 [i.e., rejecting mail-in ballots and request forms because of form-filling errors or omissions “that are not material to establishing a voter’s eligibility to cast a ballot].” This essentially means, in the words of Assistant Attorney General Kristen Clarke for the Justice Dept.’s Civil Rights Division: “Laws that impair eligible citizens’ access to the ballot box have no place in our democracy. Texas Senate Bill 1’s restrictions on voter assistance at the polls and on which absentee ballots cast by eligible voters can be accepted by election officials are unlawful and indefensible.”
Texas Attorney General Ken Paxton tweeted, in part, “It’s a great and much-needed bill. Ensuring Texas has safe, secure, and transparent elections is a top priority of mine. I will see you in court, Biden!”, according to Politico.
Note: Arguably, there are “safe, secure, and transparent elections” in Texas. As KVUE (Austin, Texas ABC affiliate) reports, “According to records from the Texas Attorney General's Office, there were a total of 534 offenses charged to 154 people (some had multiple offenses)for either mail ballot fraud, assistance fraud or illegal voting since 2004. Among those 534 offenses, 310 were for mail-in ballot fraud, 159 were for assistance fraud and 189 were for illegal voting. A total of 272 charges of the 534 offenses resolved were from 2015 to March 2021. There are also 510 total counts pending prosecution, according to the report.”
According to the most recent figure from the Texas Secretary of State, there are 16,676,353, registered voters, which puts those numbers into context.
--Edited by Todd Lassa and Gary S. Vasilash
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