npr--2020-05-11--A Colorado Restaurant Hosted A Crowd On Mother's Day. It's Now Been Closed Down

A Colorado Restaurant Hosted A Crowd On Mother 's Day .
It 's Now Been Closed Down Updated at 5:50 p.m .
ET Public health officials closed a restaurant in Castle Rock , Colo. , on Monday , one day after its owner hosted a Mother 's Day event in which the entire dining room was open to seat customers — most of whom were n't wearing face masks .
Hundreds of people visited the C & C Coffee and Kitchen on Sunday , with some praising its defiance in allowing people to eat breakfast burritos and drink coffee at @ @ @ @ @ @ @ restaurants to carryout service .
Images from Sunday morning show the restaurant had a line of people at the door , with a crowd inside .
`` I expected it to be busy .
I never expected this , '' owner April Arellano told the Castle Rock News-Press on Sunday .
`` I 'm so happy so many people came out to support the Constitution and stand up for what is right .
We did our time .
We did our two weeks .
We did more than two weeks ... and we @ @ @ @ @ @ @ something . ''
But the local health department shut down the restaurant Monday , saying its owners had ignored a warning not to open their dining room .
`` The restaurant was ordered to close immediately '' around midday Monday , the Tri-County Health Department said in a statement to NPR .
`` It is disheartening that this restaurant has chosen to move ahead of the public orders and not even consider implementing best practices to prevent the spread of COVID-19 , '' said Dr. John M. Douglas Jr. , the health department @ @ @ @ @ @ @ reference to the restaurant , Gov .
Jared Polis said Monday that like many Coloradans , he has n't seen his mother in weeks — and he was n't able to take her out on Mother 's Day .
`` I love my mom far too much to put her at risk by visiting a busy restaurant operating illegally , just to take a selfie with omelets and a mimosa , '' Polis said .
He added , `` Colorado — America — we are better than that . ''
Even before local @ @ @ @ @ @ @ Coffee received praise while others slammed it , depending on how they view the economic shutdowns triggered by efforts to control the COVID-19 pandemic .
A video from inside the restaurant Sunday shows a morning rush , with a chattering crowd of families .
As the camera sweeps through the packed dining room , only one person can be clearly seen wearing a protective mask .
The bustling business created the potential risk of a new nexus for more coronavirus cases , Douglas countered , something that should n't be done .
Anything @ @ @ @ @ @ @ fair to business owners who are following Colorado 's `` Safer at Home '' restrictions .
If the C & C Coffee and Kitchen does n't obey state restrictions , it could lose its license , the health department said .
But Douglas also said that if the restaurant agrees to follow the rules on takeout orders , the closure order will be lifted and it can resume operating .
Sunday 's rogue opening prompted a flood of comments on the restaurant 's Facebook page .
Some congratulated Arellano for going against the @ @ @ @ @ @ @ decide if they wanted to gather in public .
`` We had a lovely time and enjoyed the food yesterday ! ''
one woman wrote .
`` Thank you for a breath of fresh air ! ''
Anyone who did n't agree , the restaurant 's backers said , could simply stay away .
But others disagreed vehemently , saying they would never patronize a restaurant that defies public health orders — and adding the potential dangers extend far beyond the people who opted to visit .
`` So much selfish stupidity .
@ @ @ @ @ @ @ endangering I would n't care , but we 're all connected .
It 's a pandemic and people are dying , '' a commenter wrote on member station Colorado Public Radio 's Facebook post about the reopening .
Castle Rock , a small city about 30 miles south of Denver , is the county seat of Douglas County .
It 's in the jurisdiction of the Tri-County Health Department – which issued a reminder Saturday , urging people not to form groups of more than 10 on Mother 's Day and to keep @ @ @ @ @ @ @ All Colorado restaurants have been under tight restrictions since March 17 , when the state health department 's order closing bars , restaurants , gyms , theaters and casinos took effect .
Arellano 's decision to reopen her restaurant at full capacity came days after the governor extended the state 's disaster emergency declaration through June 6 .
As Polis issued that order last week , he cited the threat of a disaster that could bring `` widespread or severe damage , injury or loss of life . ''
On Friday , Polis @ @ @ @ @ @ @ by the time Memorial Day weekend arrives at the end of May , depending on the latest data about the coronavirus outbreak .
In a news conference Monday afternoon , Polis said a decision on opening restaurants will be made on May 25 .

A Colorado Restaurant Hosted A Crowd On Mother's Day. It's Now Been Closed Down
Enlarge this image toggle caption Nick Puckett/via Reuters Nick Puckett/via Reuters
Updated at 5:50 p.m. ET
Public health officials closed a restaurant in Castle Rock, Colo., on Monday, one day after its owner hosted a Mother's Day event in which the entire dining room was open to seat customers — most of whom weren't wearing face masks.
Hundreds of people visited the C&C Coffee and Kitchen on Sunday, with some praising its defiance in allowing people to eat breakfast burritos and drink coffee at tables despite broad restrictions that limit Colorado restaurants to carryout service. Images from Sunday morning show the restaurant had a line of people at the door, with a crowd inside.
"I expected it to be busy. I never expected this," owner April Arellano told the Castle Rock News-Press on Sunday. "I'm so happy so many people came out to support the Constitution and stand up for what is right. We did our time. We did our two weeks. We did more than two weeks ... and we were failing. We had to do something."
But the local health department shut down the restaurant Monday, saying its owners had ignored a warning not to open their dining room.
"The restaurant was ordered to close immediately" around midday Monday, the Tri-County Health Department said in a statement to NPR.
"It is disheartening that this restaurant has chosen to move ahead of the public orders and not even consider implementing best practices to prevent the spread of COVID-19," said Dr. John M. Douglas Jr., the health department's executive director.
In an apparent reference to the restaurant, Gov. Jared Polis said Monday that like many Coloradans, he hasn't seen his mother in weeks — and he wasn't able to take her out on Mother's Day.
"I love my mom far too much to put her at risk by visiting a busy restaurant operating illegally, just to take a selfie with omelets and a mimosa," Polis said. He added, "Colorado — America — we are better than that."
Even before local officials took action, C&C Coffee and Kitchen received praise while others slammed it, depending on how they view the economic shutdowns triggered by efforts to control the COVID-19 pandemic.
A video from inside the restaurant Sunday shows a morning rush, with a chattering crowd of families. As the camera sweeps through the packed dining room, only one person can be clearly seen wearing a protective mask.
The bustling business created the potential risk of a new nexus for more coronavirus cases, Douglas countered, something that shouldn't be done. Anything else, he added, isn't fair to business owners who are following Colorado's "Safer at Home" restrictions.
If the C&C Coffee and Kitchen doesn't obey state restrictions, it could lose its license, the health department said. But Douglas also said that if the restaurant agrees to follow the rules on takeout orders, the closure order will be lifted and it can resume operating.
Sunday's rogue opening prompted a flood of comments on the restaurant's Facebook page. Some congratulated Arellano for going against the restrictions, saying she was letting people decide if they wanted to gather in public.
"We had a lovely time and enjoyed the food yesterday!" one woman wrote. "Thank you for a breath of fresh air!"
Anyone who didn't agree, the restaurant's backers said, could simply stay away. But others disagreed vehemently, saying they would never patronize a restaurant that defies public health orders — and adding the potential dangers extend far beyond the people who opted to visit.
"So much selfish stupidity. If it was just themselves they were endangering I wouldn't care, but we're all connected. It's a pandemic and people are dying," a commenter wrote on member station Colorado Public Radio's Facebook post about the reopening.
Castle Rock, a small city about 30 miles south of Denver, is the county seat of Douglas County. It's in the jurisdiction of the Tri-County Health Department – which issued a reminder Saturday, urging people not to form groups of more than 10 on Mother's Day and to keep everyone at least 6 feet apart.
All Colorado restaurants have been under tight restrictions since March 17, when the state health department's order closing bars, restaurants, gyms, theaters and casinos took effect.
Arellano's decision to reopen her restaurant at full capacity came days after the governor extended the state's disaster emergency declaration through June 6. As Polis issued that order last week, he cited the threat of a disaster that could bring "widespread or severe damage, injury or loss of life."
On Friday, Polis said restaurants may be able to reopen by the time Memorial Day weekend arrives at the end of May, depending on the latest data about the coronavirus outbreak.
In a news conference Monday afternoon, Polis said a decision on opening restaurants will be made on May 25.


npr--2020-05-11--Artists Paint A Portrait Of A Pandemic

Artists Paint A Portrait Of A Pandemic

It 's an image of a nurse with her hands pressed together in prayer .
In bold letters below her hands , it says `` bless the healers . ''
The illustration , designed by the artist Marvin Madariaga , has been shared across social media .
Some people have posted it in the window of their home .
And it 's been projected on the side of a building in the heart of New York City .
In health crises , people have long turned to the arts to inform and inspire .
During the 1980s AIDS epidemic , @ @ @ @ @ @ @ were printed on posters , pins and patches .
And during the 2014 Ebola crisis , murals with the slogan `` Ebola is real '' were painted across West Africa .
The coronavirus pandemic is no different .
Two organizations , the United Nations and Amplifier , an arts group , launched independent campaigns in March inviting artists to submit artwork around the coronavirus .
Tens of thousands of submissions later , the groups are now showcasing a selection of these works to the public .
Madariaga 's artwork was submitted to Amplifier @ @ @ @ @ @ @ poster designs around the Women 's March on Washington in 2016 .
`` In times of uncertainty , art is more than beauty or decoration — it 's a tool .
Art can heal , art can save lives , art can bring us together — even when we 're apart , '' says Aaron Huey , founder of Amplifier .
`` It can be a compass to guide us through the storm . ''
In March , the U.N. put out an open brief , or request , calling on artists to @ @ @ @ @ @ @ help share life-saving information on COVID-19 . ''
`` The idea was really to try and lean into the creative community , to try and help identify , interpret , and amplify the messages that were keeping people safe , '' says Dawda Jobarteh of the U.N. , who helped organize the campaign .
Since then , it has received nearly 17,000 designs from artists in 143 countries , ranging from photography to animation , graphic design to hand-drawn posters .
Some submissions focus on unity .
In one , Mexican artist Lisa @ @ @ @ @ @ @ building , as a crowd of people converse .
Bubble letters frame the piece : `` kindness not cancelled . ''
Other submissions , like one from Russian artist Irina Chaitsyna , emphasize important health messages .
Her illustration shows people engaged in activities like exercising and painting spelling out the words `` stay home '' with their bodies .
After the call for submissions ended on April 14 , the U.N. evaluated the designs to ensure that they were promoting accurate health messaging according to the World Health Organization 's safety guidelines @ @ @ @ @ @ @ the vetted images available in an online portal — and are now encouraging people to view the images , download and share .
There is no cash prize , but the U.N. will feature some of the artwork on their social media channels .
Amplifier 's campaign had a slightly different brief .
On May 8 it ended a campaign calling on artists to create visuals that promote mental health and well-being amid the pandemic .
It also called for artwork that envisions life after lockdown .
Since then , it has received @ @ @ @ @ @ @ selected to each receive a $ 1,000 cash prize .
Like the U.N. , selected images are also available on Amplifier 's website for people to download for free and share .
Amplifier is taking things a step further by turning some of the submissions into a series of public art installations in cities around the world , in partnership with the arts group The Illuminator .
In addition to being projected onto a building in New York City , Madariaga 's nurse poster also wallpapers a building on Oxford Street in London @ @ @ @ @ @ @ installations and posting it to social media .
`` This is so dope , '' writes Instagram user @ where_bry_at , of a projection depicting a black female health worker in a mask .
`` I love the message , the representation and the encouragement . ''
Praising the efforts , Glen Nowak , director of the Center for Health and Risk Communication and a professor of advertising at the University of Georgia , says public art campaigns like these can help drive home important messages around a health crisis .
He cites @ @ @ @ @ @ @ .
First created in 1987 , the quilt is a vast patchwork of more than 50,000 panels commemorating the lives of the epidemic 's victims — while helping the public comprehend the reality of the crisis .
Unlike other kinds of messaging , art is colorful , engaging and provocative , says Nowak .
And for that reason , it `` can grab people 's attention '' in a special way .

Artists Paint A Portrait Of A Pandemic
toggle caption Jean Sonderand/ The Illuminator
It's an image of a nurse with her hands pressed together in prayer. In bold letters below her hands, it says "bless the healers."
The illustration, designed by the artist Marvin Madariaga, has been shared across social media. Some people have posted it in the window of their home. And it's been projected on the side of a building in the heart of New York City.
In health crises, people have long turned to the arts to inform and inspire. During the 1980s AIDS epidemic, the words "silence = death" were printed on posters, pins and patches. And during the 2014 Ebola crisis, murals with the slogan "Ebola is real" were painted across West Africa.
The coronavirus pandemic is no different. Two organizations, the United Nations and Amplifier, an arts group, launched independent campaigns in March inviting artists to submit artwork around the coronavirus. Tens of thousands of submissions later, the groups are now showcasing a selection of these works to the public.
Madariaga's artwork was submitted to Amplifier, which coordinated some of the iconic poster designs around the Women's March on Washington in 2016.
"In times of uncertainty, art is more than beauty or decoration — it's a tool. Art can heal, art can save lives, art can bring us together — even when we're apart," says Aaron Huey, founder of Amplifier. "It can be a compass to guide us through the storm."
toggle caption Noelia Belén Leguizamon
In March, the U.N. put out an open brief, or request, calling on artists to produce "concise and impactful visuals to help share life-saving information on COVID-19."
"The idea was really to try and lean into the creative community, to try and help identify, interpret, and amplify the messages that were keeping people safe," says Dawda Jobarteh of the U.N., who helped organize the campaign.
Since then, it has received nearly 17,000 designs from artists in 143 countries, ranging from photography to animation, graphic design to hand-drawn posters.
Some submissions focus on unity. In one, Mexican artist Lisa Saldivar depicts the facade of an apartment building, as a crowd of people converse. Bubble letters frame the piece: "kindness not cancelled."
toggle caption Das Frank
Other submissions, like one from Russian artist Irina Chaitsyna, emphasize important health messages. Her illustration shows people engaged in activities like exercising and painting spelling out the words "stay home" with their bodies.
After the call for submissions ended on April 14, the U.N. evaluated the designs to ensure that they were promoting accurate health messaging according to the World Health Organization's safety guidelines. On April 30, it made the vetted images available in an online portal — and are now encouraging people to view the images, download and share. There is no cash prize, but the U.N. will feature some of the artwork on their social media channels.
Amplifier's campaign had a slightly different brief. On May 8 it ended a campaign calling on artists to create visuals that promote mental health and well-being amid the pandemic. It also called for artwork that envisions life after lockdown.
toggle caption Holy Moly UK
Since then, it has received over 10,500 submissions — with 100 entrants selected for a $1,000 individual cash prize. Like the U.N., selected images are also available on Amplifier's website for people to download for free and share.
Amplifier is taking things a step further by turning some of the submissions into a series of public art installations in cities around the world, in partnership with the arts group The Illuminator. In addition to being projected onto a building in New York City, Madariaga's nurse poster also wallpapers a building on Oxford Street in London.
Passersby are snapping photos of the installations and posting it to social media. "This is so dope," writes Instagram user @where_bry_at, of a projection depicting a black female health worker in a mask. "I love the message, the representation and the encouragement."
Praising the efforts, Glen Nowak, director of the Center for Health and Risk Communication and a professor of advertising at the University of Georgia, says public art campaigns like these can help drive home important messages around a health crisis. He cites the AIDS Memorial Quilt as an example. First created in 1987, the quilt is a vast patchwork of more than 50,000 panels commemorating the lives of the epidemic's victims — while helping the public comprehend the reality of the crisis.
Unlike other kinds of messaging, art is colorful, engaging and provocative, says Nowak. And for that reason, it "can grab people's attention" in a special way.
toggle caption Jen Bloomer
toggle caption Jared Yazzie
toggle caption James Cook
toggle caption Nubefy Design for All
toggle caption Lisa Vollrath


npr--2020-05-11--They Used To Give Their Kids 3 Meals A Day. Then Came Coronavirus

They Used To Give Their Kids 3 Meals A Day .
Then Came Coronavirus '' I am beginning to become a beggar , '' says Josephine Oguta .
Oguta , 40 , lives in Nairobi .
Before the pandemic , she and her husband did not have financial worries .
She was the breadwinner of the family – a teacher at a private nursery school in Kibera , a sprawling poor community in Kenya 's capital city .
Her husband , Zedekiah Okindo , was studying at a local institution in the hope of landing a government job .
Now @ @ @ @ @ @ @ because of a nationwide school shutdown .
And she says her husband sleeps most of the time in the house and looks stressed .
With no source of income , Josephine and Zedekiah are struggling to feed their five daughters , ages 2 , 8 , 10 , 20 and 22 .
The kids used to get three meals a day .
Now , Oguta says , she serves them porridge in the morning and a second meal of black tea and cooked rice .
For people around the world , in both @ @ @ @ @ @ @ coronavirus goes hand-in-hand with anxiety about where the next meal is coming from .
Like Oguta , many people who once could afford to buy enough food now find themselves lining up for food bank giveaways , borrowing money and food from friends – and cutting back on the number of meals they provide to their children .
In Kenya , the government already has programs to transfer weekly cash payments to the needy via cellphones and is increasing this type of financial assistance for the newly unemployed ; Agnes Kalibata , the @ @ @ @ @ @ @ the 2021 Food Systems Summit , praises such efforts for `` offering privacy and dignity in these tough times . ''
Organizations are offering food as well – Shining Hope For Communities , a local charity in Kibera , is dropping off food at homes and asking the delivery person to take a photo to show that the donation reached the family ( and did n't get siphoned off by local leaders ) .
But the fear is that these temporary measures ca n't go on indefinitely .
`` It 's a massive @ @ @ @ @ @ @ , head of advocacy for Save the Children , who is based in Nairobi .
`` The COVID-19 pandemic has exposed the fragility of not only our health systems and economies but also our food systems , '' notes Kalibata .
`` My concern is that millions worldwide face months if not years of uncertainty over the next meal . ''
We spoke to Josephine Oguta and two other Kibera residents to see the lengths they 're going through to put food on the table . '
I humbly request for some cash @ @ @ @ @ @ @ `` I am a bit stressed up with how things are going , getting food is becoming an uphill task now that I am not earning any income from my teaching job , '' Oguta said in a telephone interview .
Finding food is a constant challenge .
In recent weeks , a close friend told Oguta about a planned distribution of food at the District Administration offices , provided by a well-wisher .
The next day , Friday , April 10 , she was among thousands of citizens who thronged the offices @ @ @ @ @ @ @ feed her family .
`` I was worried the previous night , I would oversleep and miss a chance to make it early enough with the hope of getting food donated to help ease the pangs of hunger at home , '' she says .
Local leaders issued a limited number of cards to people who they believed would be in need of food – a measure to try and minimize crowds .
Josephine was one of many residents who did not hear about the card system .
`` I was among the @ @ @ @ @ @ @ gate and a stampede followed as people became impatient for waiting for too long and not getting any access , '' says Josephine .
`` I was very disappointed how the entire food distribution exercise was conducted , I got hurt in the process after being tightly squeezed among the pushing crowds , '' adds Josephine .
She saw others who were injured – and got no food .
'People were shouting ' I am hungry , I am hungry give us food . '
`` At one point , the police to @ @ @ @ @ @ @ disperse the impatient throng .
The next day , she had to take another tactic : asking a friend for a loan – 200 Kenyan shillings , the equivalent of about $ 2 , to buy food for her family .
`` I have to flash [ beep ] friends with my phone from my church .
When they call back I humbly request for some cash — but for how long ? ''
she wonders .
Her biggest worry is that her 2-year-old baby may end up being malnourished .
Her prayer @ @ @ @ @ @ @ research , perhaps by door-to-door inquiries , to identify families in need , with the help of local leaders and elders . '
I feel weary not knowing where my next meal will come from' Steve Oludhe is another Kenyan who 's new to the problem of hunger .
The proud first-time father of a three-week-old baby girl , he usually works as a welder and earns about $ 25 a week – enough to pray rent and feed his family .
But the shop where he works has been shut since mid-March @ @ @ @ @ @ @ , he 's managed to make about $ 8 doing odd electrical jobs in people 's homes .
And with that drop in income , he is concerned about how to get the next meal for his wife , who is breastfeeding , and himself .
`` Even as we speak now , it 's not good at all , I feel bad about this that I have to struggle where my next meal will come from , '' says Oludhe .
`` I feel tired and weary not knowing where my next @ @ @ @ @ @ @ Oludhe .
He missed out on a food distribution in Kibera , where he lives , because his wife had just been admitted to the hospital to give birth .
At the moment he and his wife are getting by with one meal a day – typically ugali , a cornmeal dish similar to polenta , and kale .
If they can afford it , they 'll add black tea and mandazi , or fried bread , Before the pandemic , he says , he and his wife had three meals per day @ @ @ @ @ @ @ He dreams of working again – and mentions that he had a chance to earn money in a nearby county fixing a generator but could n't go because of the total lockdown in Kenya . '
I was earning an income ... now I am not able to' Swaleh Juma , a 33-year-old father of three , is also having a share of struggles during the COVID-19 pandemic .
His children , two boys , age 14 and 9 , and a girl age 12 , now only get two meals a day @ @ @ @ @ @ @ or kale .
Juma is self-employed and works as a garbage man , collecting trash from people 's homes in Kibera for a fee they pay him .
Because of the COVID-19 pandemic , some residents asked him to stop collecting their litter fearing that he might infect them with the virus .
`` I was earning an income from collecting garbage , but for now I am not able to , most people now throw their garbage out at night or early morning on their own in an irresponsible manner , '' @ @ @ @ @ @ @ His other hustle is working as a night guard for a local organization that runs a secondary school .
But with schools closed , he can no longer work that job .
His wife has lost the income she contributed to the family budget as well .
`` My wife washes clothes for people [ in middle-class and upper-class neighborhoods ] but now she can not get any job coming her way .
Those people fear slum people , and they say we shall transmit coronavirus to them , '' says Juma during @ @ @ @ @ @ @ that the government can be able to work out things to ensure people from low-income areas can get access to food during these tough times .
And he hopes the pandemic ends soon : `` If this continues , we may end up seeing an increase in crime-related activities , especially among the youth , who may be forced to seek other ways of survival . ''
Thomas Bwire is a co-founder and editor at Habari Kibra , a news hub that focuses on reporting stories from the Kibera community .
He previously @ @ @ @ @ @ @ FM , a community-based radio station in Kibera , and was the 2019 first prize winner of Media Monitoring Africa 's journalism awards for his reporting on children

They Used To Give Their Kids 3 Meals A Day. Then Came Coronavirus
Enlarge this image toggle caption Khalil Senosi/AP Khalil Senosi/AP
"I am beginning to become a beggar," says Josephine Oguta.
Oguta, 40, lives in Nairobi. Before the pandemic, she and her husband did not have financial worries. She was the breadwinner of the family – a teacher at a private nursery school in Kibera, a sprawling poor community in Kenya's capital city. Her husband, Zedekiah Okindo, was studying at a local institution in the hope of landing a government job. Now she's no longer able to work because of a nationwide school shutdown. And she says her husband sleeps most of the time in the house and looks stressed.
With no source of income, Josephine and Zedekiah are struggling to feed their five daughters, ages 2, 8, 10, 20 and 22. The kids used to get three meals a day. Now, Oguta , says, she serves them porridge in the morning and a second meal of black tea and cooked rice.
For people around the world, in both wealthy and low-income countries, fear of coronavirus goes hand-in-hand with anxiety about where the next meal is coming from. Like Oguta, many people who once could afford to buy enough food now find themselves lining up for food bank giveaways, borrowing money and food from friends – and cutting back on the number of meals they provide to their children.
In Kenya, the government already has programs to transfer weekly cash payments to the needy via cellphones and is increasing this type of financial assistance for the newly unemployed; Agnes Kalibata, the U.N. Secretary General's Special Envoy for the 2021 Food Systems Summit, praises such efforts for "offering privacy and dignity in these tough times."
Organizations are offering food as well – Shining Hope For Communities, a local charity in Kibera, is dropping off food at homes and asking the delivery person to take a photo to show that the donation reached the family (and didn't get siphoned off by local leaders). But the fear is that these temporary measures can't go on indefinitely. "It's a massive food crisis," says Kijala Shako, head of advocacy for Save the Children, who is based in Nairobi.
"The COVID-19 pandemic has exposed the fragility of not only our health systems and economies but also our food systems," notes Kalibata. "My concern is that millions worldwide face months if not years of uncertainty over the next meal."
We spoke to Josephine Oguta and two other Kibera residents to see the lengths they're going through to put food on the table.
'I humbly request for some cash — but for how long?'
"I am a bit stressed up with how things are going, getting food is becoming an uphill task now that I am not earning any income from my teaching job," Oguta said in a telephone interview.
Finding food is a constant challenge. In recent weeks, a close friend told Oguta about a planned distribution of food at the District Administration offices, provided by a well-wisher. The next day, Friday, April 10, she was among thousands of citizens who thronged the offices in hope of getting food supplies to feed her family.
toggle caption Caroline Lusinde
"I was worried the previous night, I would oversleep and miss a chance to make it early enough with the hope of getting food donated to help ease the pangs of hunger at home," she says.
Local leaders issued a limited number of cards to people who they believed would be in need of food – a measure to try and minimize crowds. Josephine was one of many residents who did not hear about the card system.
"I was among the people who were locked out of the gate and a stampede followed as people became impatient for waiting for too long and not getting any access," says Josephine.
"I was very disappointed how the entire food distribution exercise was conducted, I got hurt in the process after being tightly squeezed among the pushing crowds," adds Josephine. She saw others who were injured – and got no food.
'People were shouting 'I am hungry, I am hungry give us food.' "
At one point, the police to lobbed teargas canisters into the crowd to disperse the impatient throng.
The next day, she had to take another tactic: asking a friend for a loan – 200 Kenyan shillings, the equivalent of about $2, to buy food for her family.
"I have to flash [beep] friends with my phone from my church. When they call back I humbly request for some cash — but for how long?" she wonders.
Her biggest worry is that her 2-year-old baby may end up being malnourished.
Her prayer is that food drives should involve proper research, perhaps by door-to-door inquiries, to identify families in need, with the help of local leaders and elders.
'I feel weary not knowing where my next meal will come from'
Steve Oludhe is another Kenyan who's new to the problem of hunger. The proud first-time father of a three-week-old baby girl, he usually works as a welder and earns about $25 a week – enough to pray rent and feed his family. But the shop where he works has been shut since mid-March. Since he stopped going to work, he's managed to make about $8 doing odd electrical jobs in people's homes. And with that drop in income, he is concerned about how to get the next meal for his wife, who is breastfeeding, and himself.
toggle caption Thomas Bwire
"Even as we speak now, it's not good at all, I feel bad about this that I have to struggle where my next meal will come from," says Oludhe. "I feel tired and weary not knowing where my next meal will come from," says Oludhe.
He missed out on a food distribution in Kibera, where he lives, because his wife had just been admitted to the hospital to give birth.
At the moment he and his wife are getting by with one meal a day – typically ugali, a cornmeal dish similar to polenta, and kale. If they can afford it, they'll add black tea and mandazi, or fried bread,
Before the pandemic, he says, he and his wife had three meals per day with meat, beans and fish. He dreams of working again – and mentions that he had a chance to earn money in a nearby county fixing a generator but couldn't go because of the total lockdown in Kenya.
'I was earning an income ... now I am not able to'
Swaleh Juma, a 33-year-old father of three, is also having a share of struggles during the COVID-19 pandemic. His children, two boys, age 14 and 9, and a girl age 12, now only get two meals a day – rice, ugali and some cabbage or kale.
Juma is self-employed and works as a garbage man, collecting trash from people's homes in Kibera for a fee they pay him. Because of the COVID-19 pandemic, some residents asked him to stop collecting their litter fearing that he might infect them with the virus.
toggle caption Thomas Bwire
"I was earning an income from collecting garbage, but for now I am not able to, most people now throw their garbage out at night or early morning on their own in an irresponsible manner," says Juma during our phone conversation.
His other hustle is working as a night guard for a local organization that runs a secondary school. But with schools closed, he can no longer work that job.
His wife has lost the income she contributed to the family budget as well.
"My wife washes clothes for people [in middle-class and upper-class neighborhoods]but now she cannot get any job coming her way. Those people fear slum people, and they say we shall transmit coronavirus to them," says Juma during our phone interview.
His wish is that the government can be able to work out things to ensure people from low-income areas can get access to food during these tough times. And he hopes the pandemic ends soon: "If this continues, we may end up seeing an increase in crime-related activities, especially among the youth, who may be forced to seek other ways of survival."
Thomas Bwire is a co-founder and editor at Habari Kibra, a news hub that focuses on reporting stories from the Kibera community. He previously worked as a radio journalist at Pamoja FM, a community-based radio station in Kibera, and was the 2019 first prize winner of Media Monitoring Africa's journalism awards for his reporting on children


npr--2020-05-12--Minority-Owned Small Businesses Were Supposed To Get Priority. They May Not Have

Minority-Owned Small Businesses Were Supposed To Get Priority .
They May Not Have The first time Rosemary Ugboajah applied for a small-business relief loan , it did n't go well .
She needed the money for her small Minneapolis-based company , which has created ad campaigns for brands like the NCAA Final Four .
So she went to her credit union .
`` They were hard to reach , but eventually I got through to someone and they emailed me back saying they ca n't process the loan because they do n't process SBA loans , '' she said .
@ @ @ @ @ @ @ . ''
Lawmakers did set aside $ 30 billion for smaller lenders , in part with the aim of helping business owners of color — like Ugboajah .
But a new report from the Small Business Administration 's inspector general found that businesses owned by people of color may not have received loans as intended under the Paycheck Protection Program .
There was no evidence , the report said , that the SBA told lenders to prioritize business owners in `` underserved '' markets , including business owners of color — something the @ @ @ @ @ @ @ to do .
The report also recommends that the agency start collecting demographic information .
Without that information for past loans , it will be hard to know how well the program served business owners of color .
Some businesses owned by one person — such as some sole proprietorships , like Ugboajah 's Neka Creative — were only allowed to apply for funds one week after other businesses .
That put them in the back of the line to get the money , which ran out quickly during the first round .
@ @ @ @ @ @ @ banks , Ugboajah managed to find one that was accepting applications from new customers , and she quickly applied .
But that also went poorly .
`` The next week , I got an email from them saying , you know , the money 's running out .
And they 're now just going to prioritize their clients that have borrowed before , '' she said with a weary laugh .
Ugboajah has applied there again during this second round of funding but has n't heard back yet .
But she could use @ @ @ @ @ @ @ team is currently working through the pandemic without pay .
`` We had a healthy pipeline coming into this year .
And as soon as this came down , everything went on hold and then disappeared , '' she said .
An additional problem for these owners is that their businesses are more likely to be sole proprietorships , according to Ashley Harrington , senior policy counsel at the Center for Responsible Lending .
`` When we 're talking about businesses of color , most of them are very small businesses .
So @ @ @ @ @ @ @ less than 10 employees or in fact more likely to be a sole proprietorship than any of the other small businesses , '' Harrington said .
Ugboajah has six people on her team — and they 're all contractors — making her business one of those one-person sole proprietorships .
African American-owned businesses are particularly likely to be one-person firms .
And relationships with banks matter , according to Michael Roth , managing partner at Next Street , which works with local governments on small-business policy .
`` Black- and Hispanic-owned businesses , @ @ @ @ @ @ @ capital from banks and financial institutions and friends and family , are far more likely to use personal funds to finance their businesses , '' he said .
`` And generally , that 's run out of personal checking accounts . ''
That could be a problem for some businesses in the program , because some banks would loan only to people with business accounts .
So owners without those — who were , for example , running their businesses out of their personal accounts — were shut out .
Ugboajah says that @ @ @ @ @ @ @ , it wo n't take her business down completely , but it could make life harder .
`` The main thing that we 're on the verge of losing is our office space .
But , yeah , we wo n't go out of business , '' she said .
But it has already hurt the contractors who rely on her for income , she added : `` One of my team members has taken a job with Amazon , for example .
But we 're still pushing to get business in .
@ @ @ @ @ @ @ they 're working on a new project : to make sure health information about the coronavirus can reach poor and immigrant communities , as well as communities of color .

Minority-Owned Small Businesses Were Supposed To Get Priority. They May Not Have
Enlarge this image toggle caption Terry Hastings/The Hastings Gallery Terry Hastings/The Hastings Gallery
The first time Rosemary Ugboajah applied for a small-business relief loan, it didn't go well. She needed the money for her small Minneapolis-based company, which has created ad campaigns for brands like the NCAA Final Four.
So she went to her credit union.
"They were hard to reach, but eventually I got through to someone and they emailed me back saying they can't process the loan because they don't process SBA loans," she said. "I wasn't aware of that."
Lawmakers did set aside $30 billion for smaller lenders, in part with the aim of helping business owners of color — like Ugboajah.
But a new report from the Small Business Administration's inspector general found that businesses owned by people of color may not have received loans as intended under the Paycheck Protection Program. There was no evidence, the report said, that the SBA told lenders to prioritize business owners in "underserved" markets, including business owners of color — something the CARES Act had specifically instructed the SBA to do.
The report also recommends that the agency start collecting demographic information. Without that information for past loans, it will be hard to know how well the program served business owners of color.
Some businesses owned by one person — such as some sole proprietorships, like Ugboajah's Neka Creative — were only allowed to apply for funds one week after other businesses. That put them in the back of the line to get the money, which ran out quickly during the first round.
After trying and failing at two other banks, Ugboajah managed to find one that was accepting applications from new customers, and she quickly applied. But that also went poorly.
"The next week, I got an email from them saying, you know, the money's running out. And they're now just going to prioritize their clients that have borrowed before," she said with a weary laugh.
Ugboajah has applied there again during this second round of funding but hasn't heard back yet.
But she could use the money, and fast — her team is currently working through the pandemic without pay.
"We had a healthy pipeline coming into this year. And as soon as this came down, everything went on hold and then disappeared," she said.
An additional problem for these owners is that their businesses are more likely to be sole proprietorships, according to Ashley Harrington, senior policy counsel at the Center for Responsible Lending.
"When we're talking about businesses of color, most of them are very small businesses. So they're sole proprietorships or they have less than 10 employees or in fact more likely to be a sole proprietorship than any of the other small businesses," Harrington said.
Ugboajah has six people on her team — and they're all contractors — making her business one of those one-person sole proprietorships. African American-owned businesses are particularly likely to be one-person firms.
And relationships with banks matter, according to Michael Roth, managing partner at Next Street, which works with local governments on small-business policy.
"Black- and Hispanic-owned businesses, because of their lack of access to capital from banks and financial institutions and friends and family, are far more likely to use personal funds to finance their businesses," he said. "And generally, that's run out of personal checking accounts."
That could be a problem for some businesses in the program, because some banks would loan only to people with business accounts. So owners without those — who were, for example, running their businesses out of their personal accounts — were shut out.
Ugboajah says that if she doesn't get the funding, it won't take her business down completely, but it could make life harder.
"The main thing that we're on the verge of losing is our office space. But, yeah, we won't go out of business," she said.
But it has already hurt the contractors who rely on her for income, she added: "One of my team members has taken a job with Amazon, for example. But we're still pushing to get business in."
For now, she says, they're working on a new project: to make sure health information about the coronavirus can reach poor and immigrant communities, as well as communities of color.


npr--2020-05-12--Supreme Court To Hear Cases Involving Trump's Taxes, Financial Records

History , politics and law are converging at the Supreme Court on Tuesday , as the justices confront questions about the limits of presidential , congressional and judicial power .
At issue are three cases involving subpoenas — some issued by congressional committees , and one by a New York grand jury in a criminal case .
All call for the production of Donald Trump 's financial records , mainly from the period before he was president , and all issued not to Trump , but to banks and accounting firms he did business with .
How the court decides @ @ @ @ @ @ @ of power among the three branches of government , thus shifting the American system of checks and balances .
The oral arguments begin at 10 a.m .
ET .
Listen to them live here .
In 2016 President Trump famously said , `` I could stand in the middle of Fifth Avenue and shoot someone , and I would n't lose any voters . ''
The position he is taking in these cases is essentially the legal version of that statement .
It 's an assertion of nearly complete presidential immunity .
In @ @ @ @ @ @ @ hold him accountable — and only by impeachment and removal from office .
Though presidents in the past have complied with congressional and grand jury requests for financial and other personal records , Trump has refused to do that in these cases .
In October 2019 , during the appeals court argument in the grand jury subpoena case , Judge Denny Chin asked Trump 's lawyers about the president 's `` view on the Fifth Avenue example . ''
Are you saying that `` local authorities could n't investigate ?
They could n't @ @ @ @ @ @ @ your position ? ''
Chin asked .
`` That is correct .
That 's correct , '' responded William Consovoy , Trump 's lawyer .
So , what information is actually being sought in these subpoenas at the center of Tuesday 's arguments ?
All are seeking similar , but not identical , financial records , largely from before Trump became president .
And they were issued not to Trump , but directly to Deutsche Bank and Mazars USA , the bank and accounting firm that he and his family do much of @ @ @ @ @ @ @ is sitting on a trove of records ... Trump 's innermost financial secrets , '' says David Enrich , business investigations editor at The New York Times and author of Dark Towers , a book about Trump and Deutsche Bank .
He says that among the documents are not only Trump 's tax returns but also `` balance sheet information , income statements ... who his business partners are ... which he has spent years trying to keep hidden from public view . ''
Trump has taken out multibillion-dollar loans from Deutsche Bank @ @ @ @ @ @ @ .
The bank also managed his assets and `` provided matchmaking services that connected Trump with wealthy individuals , including some very wealthy , well-connected Russians who were looking to invest in American real estate , '' Enrich says .
Mazars and Deutsche Bank have not objected to complying with the subpoenas .
Instead , Trump stepped in to ask the courts to block them from complying .
Though the justices are technically hearing three cases on Tuesday , there basically are two questions before the court .
First , whether Congress can @ @ @ @ @ @ @ of an impeachment inquiry , and second , whether a state can subpoena a sitting president 's personal records in a criminal investigation .
There is also a third question in the congressional case : whether the court has any power to be in the case at all , or whether it is a `` political question . ''
On the congressional front , the House Financial Services Committee , the House Intelligence Committee and the House Government Oversight Committee all say the subpoenas are in the exercise of their basic oversight and @ @ @ @ @ @ @ seeking the information in the Trump records to inform the need for new international money laundering restrictions , and for other purposes ; for instance , to determine whether the ethics laws should be tightened to prevent a president with huge business interests from using his office unethically , or whether future presidents should be required to disclose their tax returns , something that Trump 's lawyers maintain would be itself unconstitutional .
The subpoena issued by a New York grand jury involves a broad investigation that includes an investigation of alleged hush @ @ @ @ @ @ @ star Stormy Daniels and another woman during the 2016 presidential campaign .
No ordinary citizen would be able to block congressional or grand jury subpoenas for business records or tax returns .
But , as Trump lawyer Jay Sekulow puts it , `` this is not ordinary .
This is against the president of the United States .
And the Supreme Court has recognized the president is not treated like any ordinary citizen . ''
`` I do n't think that the president is king , '' counters Stuart Gerson , who served @ @ @ @ @ @ @ H.W .
Bush administration and as acting attorney general in 1993 .
Gerson is among a group of former high-ranking justice department officials who have filed a brief opposing Trump 's position .
Ultimately , he argues , `` there 's a demonstrable public need for these documents that outweighs any argument about presidential privilege that might be raised . ''
Enrich of The Times adds that : `` There 's a legitimate interest in understanding better who [ Trump ] has done business with in the past , '' and who he @ @ @ @ @ @ @ `` still has a very strong , direct financial interest in what goes on inside his company , '' and his business dealings have been hidden from the public .
`` It 's basically a black box , '' Enrich observes .
`` And Deutsche Bank is one of the few institutions in the world that has the keys to unlock it . ''
Trump 's lawyer Sekulow , however , maintains that the president is entitled to immunity from subpoenas , even those not served directly on him , as long as @ @ @ @ @ @ @ he says , does not have to comply with any subpoena from a state grand jury , like the one in New York .
He notes that there are more than 2,300 state and local district attorneys in the country , and if the subpoena in this case is upheld , every Tom , Dick and Harriet DA would be harassing presidents they did n't like .
He maintains that the Supremacy Clause of the Constitution means that state prosecutors simply do n't have the power to investigate a sitting president because state @ @ @ @ @ @ @ , by federal law .
But New York maintains that there are important reasons for states to be allowed to move forward with criminal investigations , even if they might entangle a president , and even though a president can not be charged with a crime until after leaving office .
Columbia law professor Dan Richman summarizes the Manhattan district attorney 's argument this way : `` In fact , the ability to pursue this case , even were we to wait , would be substantially impeded .
Memories deteriorate , evidence disappears @ @ @ @ @ @ @ declare that once a person is president , they 're above the law for anything that happened before they were president , we need to pursue a case involving others , and in time , once he steps down , possibly against him . ''
As for the congressional subpoenas , Trump 's lawyers argue they ca n't be enforced against the president , because as Sekulow puts it , what Congress is really doing is investigating the president .
And , `` they 're not entitled to be a law enforcement agency @ @ @ @ @ @ @ if Congress wants to subpoena a president , it can only do so through a formal impeachment investigation .
Gerson , the Republican former acting attorney general , points out that the Supreme Court , by a unanimous vote in 1974 , ordered President Richard Nixon to comply with a federal grand jury subpoena for tape recordings relevant to the Watergate investigation .
Ultimately , those tapes would lead to Nixon 's resignation .
And in 1997 , the high court , also by a unanimous vote , ordered President Bill Clinton to @ @ @ @ @ @ @ from his time as governor .
His eventual testimony would lead to his impeachment and acquittal by the Senate .
That case , however , was a civil , not criminal , case , and the court punted on the question of whether a state could force similar compliance in a criminal investigation .
So , expect Trump 's lawyers to stress that unresolved point Tuesday .
Gerson replies that while it has long been understood that a president ca n't be indicted while in office , that does not mean he ca @ @ @ @ @ @ @ state grand juries .
`` I do n't think that the court is going to hold that the president has some kind of royal powers , '' he says .
`` There is a zone where information from the president is available through subpoena . ''
For instance , Gerson says , `` a judge could intervene and say that the need for those is outweighed by other factors .
But that has n't been the case in any of these situations .
Indeed , the president is making a blanket argument that @ @ @ @ @ @ @ water . ''
Sekulow replies that no matter how small or large a president 's offenses , the only remedy Congress has is impeachment .
And , in this case , the Senate failed to convict Trump on impeachment charges .
To be more precise , though , the Republican-controlled Senate refused to issue subpoenas for the additional witnesses the House managers wanted , after Trump refused to allow those individuals testimony during the impeachment inquiry .
University of Texas law professor Stephen Vladeck argues that Congress ' oversight powers have never been @ @ @ @ @ @ @ oversight function , as the Supreme Court has long recognized , extends to matters of public concern and areas where Congress might want to regulate — might want to do something but needs more information first , '' he says .
As an example , Vladeck says if Congress were seeking `` financial fraud records into the 2008 financial crisis , we would all agree that it has that power . ''
Trump 's lawyer Sekulow , however , counters that Congress is on a fishing expedition to discredit the president and has @ @ @ @ @ @ @ think that there 's been a pattern and practice of harassment and distraction , and this is a continuation of that , '' Sekulow says .
But Congress and the New York district attorney see Trump 's legal positions as a shell game .
As Vladeck puts it , whether investigators are seeking information as part of congressional oversight or during an impeachment investigation , or in state court , or in federal court , `` the answer is 'no . '
`` '' The president 's position in this litigation all along @ @ @ @ @ @ @ win .
Tails , you lose ' quality , '' he says .
Just how the newly energized conservative Supreme Court majority will weigh all these factors is uncertain .
Every one of the conservative justices , as well as Obama appointee Elena Kagan , served in the executive branch and all have , at various times , argued strenuously in support of muscular executive power .
The newest justice , Trump nominee Brett Kavanaugh , has both criticized and praised the Supreme Court 's Nixon tapes decision .
Indeed , prior to @ @ @ @ @ @ @ wrote a law review article suggesting that Congress should pass a law making the president entirely immune from investigation during his tenure .
Finally , the court has recently asked the lawyers in this case to brief an additional question : whether the fight between Congress and the president is a political question that the courts should stay out of .
Were the court to take that off-ramp , it would make it very difficult for any future Congress to force the president to produce information directly .
But it would also mean @ @ @ @ @ @ @ the subpoenas still in place , Deutsche Bank and Mazars , which until now have explicitly had no objections to complying with the subpoenas , might have to comply ; Trump would have no power to go to court to prevent compliance .
Finally , for a Supreme Court already viewed by some as suspect , these cases present a genuine challenge to its reputation for nonpartisan and fair resolution of important questions .
Some conservative court advocates like Paul Clement , who served as solicitor general in the George W. Bush administration @ @ @ @ @ @ @ for the court to make clear it is no political pawn .
`` The best way to try to reassert normalcy , if you will , is ... rule the way that you might otherwise rule .
And I think if you look at the court 's precedents , you know , the president 's argument is a tough one .
Maybe an uphill one , '' Clement says .
The last two challenges like this — involving subpoenas for Nixon 's tapes and Clinton 's testimony — were both decided by unanimous @ @ @ @ @ @ @ court , however , seems unlikely to achieve such unanimity .

Supreme Court Hears Cases Involving Trump's Taxes, Financial Records
Enlarge this image toggle caption Evan Vucci/AP Evan Vucci/AP
History, politics and law are converging at the Supreme Court on Tuesday, as the justices confront questions about the limits of presidential, congressional and judicial power.
At issue are three cases involving subpoenas — some issued by congressional committees, and one by a New York grand jury in a criminal case. All call for the production of Donald Trump's financial records, mainly from the period before he was president, and all issued not to Trump, but to banks and accounting firms he did business with.
How the court decides these cases could dramatically change the balance of power among the three branches of government, thus shifting the American system of checks and balances.
In 2016 President Trump famously said, "I could stand in the middle of Fifth Avenue and shoot someone, and I wouldn't lose any voters."
The position he is taking in these cases is essentially the legal version of that statement. It's an assertion of nearly complete presidential immunity.
In Trump's view, only Congress can hold him accountable — and only by impeachment and removal from office. Though presidents in the past have complied with congressional and grand jury requests for financial and other personal records, Trump has refused to do that in these cases.
In October 2019, during the appeals court argument in the grand jury subpoena case, Judge Denny Chin asked Trump's lawyers about the president's "view on the Fifth Avenue example." Are you saying that "local authorities couldn't investigate? They couldn't do anything about it? That's your position?" Chin asked.
"That is correct. That's correct," responded William Consovoy, Trump's lawyer.
The subpoenas
So, what information is actually being sought in these subpoenas at the center of Tuesday's arguments?
All are seeking similar, but not identical, financial records, largely from before Trump became president. And they were issued not to Trump, but directly to Deutsche Bank and Mazars USA, the bank and accounting firm that he and his family do much of their business with.
"Deutsche Bank is sitting on a trove of records ... Trump's innermost financial secrets," says David Enrich, business investigations editor at The New York Times and author of Dark Towers, a book about Trump and Deutsche Bank. He says that among the documents are not only Trump's tax returns but also "balance sheet information, income statements ... who his business partners are ... which he has spent years trying to keep hidden from public view."
Trump has taken out multibillion-dollar loans from Deutsche Bank, but the relationship extends beyond that. The bank also managed his assets and "provided matchmaking services that connected Trump with wealthy individuals, including some very wealthy, well-connected Russians who were looking to invest in American real estate," Enrich says.
Mazars and Deutsche Bank have not objected to complying with the subpoenas. Instead, Trump stepped in to ask the courts to block them from complying.
Though the justices are technically hearing three cases on Tuesday, there basically are two questions before the court. First, whether Congress can subpoena a president's personal information outside of an impeachment inquiry, and second, whether a state can subpoena a sitting president's personal records in a criminal investigation. There is also a third question in the congressional case: whether the court has any power to be in the case at all, or whether it is a "political question."
On the congressional front, the House Financial Services Committee, the House Intelligence Committee and the House Government Oversight Committee all say the subpoenas are in the exercise of their basic oversight and legislative responsibilities.
They say they are seeking the information in the Trump records to inform the need for new international money laundering restrictions, and for other purposes; for instance, to determine whether the ethics laws should be tightened to prevent a president with huge business interests from using his office unethically, or whether future presidents should be required to disclose their tax returns, something that Trump's lawyers maintain would be itself unconstitutional.
The subpoena issued by a New York grand jury involves a broad investigation that includes an investigation of alleged hush money payments by Trump to adult film star Stormy Daniels and another woman during the 2016 presidential campaign.
President or king?
No ordinary citizen would be able to block congressional or grand jury subpoenas for business records or tax returns. But, as Trump lawyer Jay Sekulow puts it, "this is not ordinary. This is against the president of the United States. And the Supreme Court has recognized the president is not treated like any ordinary citizen."
"I don't think that the president is king," counters Stuart Gerson, who served as assistant attorney general during the George H.W. Bush administration and as acting attorney general in 1993.
Gerson is among a group of former high-ranking justice department officials who have filed a brief opposing Trump's position. Ultimately, he argues, "there's a demonstrable public need for these documents that outweighs any argument about presidential privilege that might be raised."
Enrich of The Times adds that: "There's a legitimate interest in understanding better who [Trump] has done business with in the past," and who he is still doing business with because Trump "still has a very strong, direct financial interest in what goes on inside his company," and his business dealings have been hidden from the public.
"It's basically a black box," Enrich observes. "And Deutsche Bank is one of the few institutions in the world that has the keys to unlock it."
Trump's lawyer Sekulow, however, maintains that the president is entitled to immunity from subpoenas, even those not served directly on him, as long as he is president. The president, he says, does not have to comply with any subpoena from a state grand jury, like the one in New York.
He notes that there are more than 2,300 state and local district attorneys in the country, and if the subpoena in this case is upheld, every Tom, Dick and Harriet DA would be harassing presidents they didn't like. He maintains that the Supremacy Clause of the Constitution means that state prosecutors simply don't have the power to investigate a sitting president because state law is trumped, as it were, by federal law.
But New York maintains that there are important reasons for states to be allowed to move forward with criminal investigations, even if they might entangle a president, and even though a president cannot be charged with a crime until after leaving office.
Columbia law professor Dan Richman summarizes the Manhattan district attorney's argument this way: "In fact, the ability to pursue this case, even were we to wait, would be substantially impeded. Memories deteriorate, evidence disappears, so unless we're going to declare that once a person is president, they're above the law for anything that happened before they were president, we need to pursue a case involving others, and in time, once he steps down, possibly against him."
As for the congressional subpoenas, Trump's lawyers argue they can't be enforced against the president, because as Sekulow puts it, what Congress is really doing is investigating the president. And, "they're not entitled to be a law enforcement agency."
Basically, he says, if Congress wants to subpoena a president, it can only do so through a formal impeachment investigation.
Nixon, Clinton and Trump
Gerson, the Republican former acting attorney general, points out that the Supreme Court, by a unanimous vote in 1974, ordered President Richard Nixon to comply with a federal grand jury subpoena for tape recordings relevant to the Watergate investigation. Ultimately, those tapes would lead to Nixon's resignation.
And in 1997, the high court, also by a unanimous vote, ordered President Bill Clinton to testify in a sexual harassment case stemming from his time as governor. His eventual testimony would lead to his impeachment and acquittal by the Senate.
That case, however, was a civil, not criminal, case, and the court punted on the question of whether a state could force similar compliance in a criminal investigation. So, expect Trump's lawyers to stress that unresolved point Tuesday.
Gerson replies that while it has long been understood that a president can't be indicted while in office, that does not mean he can't be investigated by Congress or by state grand juries.
"I don't think that the court is going to hold that the president has some kind of royal powers," he says. "There is a zone where information from the president is available through subpoena."
For instance, Gerson says, "a judge could intervene and say that the need for those is outweighed by other factors. But that hasn't been the case in any of these situations. Indeed, the president is making a blanket argument that really doesn't hold historical or constitutional water."
Sekulow replies that no matter how small or large a president's offenses, the only remedy Congress has is impeachment. And, in this case, the Senate failed to convict Trump on impeachment charges.
To be more precise, though, the Republican-controlled Senate refused to issue subpoenas for the additional witnesses the House managers wanted, after Trump refused to allow those individuals testimony during the impeachment inquiry.
'Heads, I win. Tails, you lose'
University of Texas law professor Stephen Vladeck argues that Congress' oversight powers have never been limited to impeachment.
"Congress' oversight function, as the Supreme Court has long recognized, extends to matters of public concern and areas where Congress might want to regulate — might want to do something but needs more information first," he says.
As an example, Vladeck says if Congress were seeking "financial fraud records into the 2008 financial crisis, we would all agree that it has that power."
Trump's lawyer Sekulow, however, counters that Congress is on a fishing expedition to discredit the president and has no intention of legislating.
"I think that there's been a pattern and practice of harassment and distraction, and this is a continuation of that," Sekulow says.
But Congress and the New York district attorney see Trump's legal positions as a shell game.
As Vladeck puts it, whether investigators are seeking information as part of congressional oversight or during an impeachment investigation, or in state court, or in federal court, "the answer is 'no.' "
"The president's position in this litigation all along has had remarkably straightforward 'Heads, I win. Tails, you lose' quality," he says.
Just how the newly energized conservative Supreme Court majority will weigh all these factors is uncertain. Every one of the conservative justices, as well as Obama appointee Elena Kagan, served in the executive branch and all have, at various times, argued strenuously in support of muscular executive power.
The newest justice, Trump nominee Brett Kavanaugh, has both criticized and praised the Supreme Court's Nixon tapes decision. Indeed, prior to his nomination to the court, he wrote a law review article suggesting that Congress should pass a law making the president entirely immune from investigation during his tenure.
Finally, the court has recently asked the lawyers in this case to brief an additional question: whether the fight between Congress and the president is a political question that the courts should stay out of.
Were the court to take that off-ramp, it would make it very difficult for any future Congress to force the president to produce information directly. But it would also mean that in this particular case, with the subpoenas still in place, Deutsche Bank and Mazars, which until now have explicitly had no objections to complying with the subpoenas, might have to comply; Trump would have no power to go to court to prevent compliance.
Finally, for a Supreme Court already viewed by some as suspect, these cases present a genuine challenge to its reputation for nonpartisan and fair resolution of important questions.
Some conservative court advocates like Paul Clement, who served as solicitor general in the George W. Bush administration, see this case as an opportunity for the court to make clear it is no political pawn.
"The best way to try to reassert normalcy, if you will, is ... rule the way that you might otherwise rule. And I think if you look at the court's precedents, you know, the president's argument is a tough one. Maybe an uphill one," Clement says.
The last two challenges like this — involving subpoenas for Nixon's tapes and Clinton's testimony — were both decided by unanimous votes against the presidents. The current court, however, seems unlikely to achieve such unanimity.


npr--2020-05-12--California Special Election Provides Early Snapshot Of Socially Distanced Campaigning

The first competitive congressional race of the coronavirus era takes place Tuesday in Southern California , where Republican Mike Garcia and Democrat Christy Smith are vying to fill the vacancy left by former Rep. Katie Hill , who resigned last year because of a personal scandal .
The winner will serve out Hill 's current term through November , when the same two candidates will be on the ballot again for a full two-year term .
The Democratic-leaning 25th District seat is a toss-up , with Garcia showing signs of strength in the closing weeks of the campaign .
The @ @ @ @ @ @ @ stay-at-home orders and socially distanced campaigning could look like all across the country this year if the pandemic continues to disrupt the 2020 election season .
California Democratic Gov .
Gavin Newsom issued a stay-at-home order on March 19 , forcing Garcia and Smith to abandon the pillars of traditional campaigning : door-knocking , meet-and-greets , rallies and fundraising events .
The candidates instead debated via live video conference call , and directed their campaign volunteers to do exclusive phone work .
`` We transitioned from being able to canvass , and stand @ @ @ @ @ @ @ going out to events with Mike , like meet-and-greets and that sort of thing , to all phones , '' said Marian Salazar , a volunteer for the Garcia campaign .
Smith told NPR the pandemic requires campaigns to also be able to offer constituents assistance , not just ask for their vote .
`` We 've made sure that all of our callers , as they 're reaching out , are equipped with information like how to connect to state resources , the domestic violence hotline , mental health services or being @ @ @ @ @ @ @ food pantry , '' she said .
The race is also now a primarily mail-in ballot election that was ordered by the governor in response to the pandemic .
Republicans , including President Trump , have criticized mail-in ballot elections as somehow unfair to the GOP , but nonpartisan elections analyst David Wasserman notes early data suggests a strong performance by Garcia in this Democratic-leaning seat .
`` Republicans are more accustomed to using vote by mail , at least proportionately , in California , and so far what we 've seen is @ @ @ @ @ @ @ 12 points on their return rate , '' he said .
A Garcia victory could help temper GOP opposition to mail-in balloting as more states consider the option for November .
On Friday , Newsom signed an executive order requiring a ballot to be sent to every registered voter in the state this November .
The national campaign committees are using this race to test out different messages — sending different mailers and texts to different voters to see what gets the highest rate of response , according to Illinois Democratic Rep. Cheri @ @ @ @ @ @ @ ' campaign operation .
`` We 'll see what works and we 'll come out of that special election with ideas that will work going in to 2020 , '' she said .
Socially distanced campaigning has its drawbacks .
Smith committed what is possibly the first Zoom gaffe of 2020 when she appeared to make light of Garcia 's past military service as a Navy fighter pilot in an open online call with liberal supporters that was captured by Republican trackers .
Smith apologized but Garcia quickly responded with an ad touting @ @ @ @ @ @ @ with military personnel and law enforcement officers .
The race is also a test of what kind of candidate appeals to voters during this pandemic .
Garcia is the political outsider who wants to change the way Washington works .
`` I 'm running because I do n't want my nation to become what this state has become , which is a victim of poor policy and poor execution , '' he said at their lone debate , conducted via video conference .
Smith , who is currently a state representative , is @ @ @ @ @ @ @ I have 10 years of elected public experience , with balanced budgets , with effective policies , '' she said at the same debate .
The race is considered to be evenly matched and if it 's close the winner might not be known on Election Night because mail-in ballots can take longer to count — another preview of how November could play out .
Regardless of the outcome of Tuesday 's special election , Wasserman says it does not change the overall forecast for control of the U.S. House in 2020 .
@ @ @ @ @ @ @ on to their majority even if they manage to lose this seat on Tuesday , '' he said .

California Special Election Provides Early Snapshot Of Socially Distanced Campaigning
Enlarge this image toggle caption Michael Blood/AP Michael Blood/AP
The first competitive congressional race of the coronavirus era takes place Tuesday in Southern California, where Republican Mike Garcia and Democrat Christy Smith are vying to fill the vacancy left by former Rep. Katie Hill, who resigned last year because of a personal scandal.
The winner will serve out Hill's current term through November, when the same two candidates will be on the ballot again for a full two-year term.
toggle caption Rich Pedroncelli/AP
The Democratic-leaning 25th District seat is a toss-up, with Garcia showing signs of strength in the closing weeks of the campaign.
The race has provided a snapshot of what stay-at-home orders and socially distanced campaigning could look like all across the country this year if the pandemic continues to disrupt the 2020 election season.
California Democratic Gov. Gavin Newsom issued a stay-at-home order on March 19, forcing Garcia and Smith to abandon the pillars of traditional campaigning: door-knocking, meet-and-greets, rallies and fundraising events.
The candidates instead debated via live video conference call, and directed their campaign volunteers to do exclusive phone work.
"We transitioned from being able to canvass, and stand on street corners waving signs, and going out to events with Mike, like meet-and-greets and that sort of thing, to all phones," said Marian Salazar, a volunteer for the Garcia campaign.
Loading...
Smith told NPR the pandemic requires campaigns to also be able to offer constituents assistance, not just ask for their vote.
"We've made sure that all of our callers, as they're reaching out, are equipped with information like how to connect to state resources, the domestic violence hotline, mental health services or being able to connect people with their nearest food pantry," she said.
The race is also now a primarily mail-in ballot election that was ordered by the governor in response to the pandemic. Republicans, including President Trump, have criticized mail-in ballot elections as somehow unfair to the GOP, but nonpartisan elections analyst David Wasserman notes early data suggests a strong performance by Garcia in this Democratic-leaning seat.
"Republicans are more accustomed to using vote by mail, at least proportionately, in California, and so far what we've seen is that Republicans are leading Democrats by about 12 points on their return rate," he said.
A Garcia victory could help temper GOP opposition to mail-in balloting as more states consider the option for November. On Friday, Newsom signed an executive order requiring a ballot to be sent to every registered voter in the state this November.
The national campaign committees are using this race to test out different messages — sending different mailers and texts to different voters to see what gets the highest rate of response, according to Illinois Democratic Rep. Cheri Bustos, who runs the House Democrats' campaign operation.
"We'll see what works and we'll come out of that special election with ideas that will work going in to 2020," she said.
Socially distanced campaigning has its drawbacks. Smith committed what is possibly the first Zoom gaffe of 2020 when she appeared to make light of Garcia's past military service as a Navy fighter pilot in an open online call with liberal supporters that was captured by Republican trackers. Smith apologized but Garcia quickly responded with an ad touting his military service in a district populated with military personnel and law enforcement officers.
The race is also a test of what kind of candidate appeals to voters during this pandemic. Garcia is the political outsider who wants to change the way Washington works. "I'm running because I don't want my nation to become what this state has become, which is a victim of poor policy and poor execution," he said at their lone debate, conducted via video conference.
Smith, who is currently a state representative, is the experienced hand in government. "I have 10 years of elected public experience, with balanced budgets, with effective policies," she said at the same debate.
The race is considered to be evenly matched and if it's close the winner might not be known on Election Night because mail-in ballots can take longer to count — another preview of how November could play out.
Regardless of the outcome of Tuesday's special election, Wasserman says it does not change the overall forecast for control of the U.S. House in 2020.
"Democrats are still likely to hold on to their majority even if they manage to lose this seat on Tuesday," he said.


npr--2020-05-12--Fauci To Warn Of 'Danger' If Country Opens Too Quickly In Key Senate Hearing

Fauci To Warn Of 'Danger ' If Country Opens Too Quickly In Key Senate Hearing Updated at 7:47 a.m .
ET A key hearing on the coronavirus will take place on Capitol Hill on Tuesday beginning at 10 a.m .
ET , and Dr. Anthony Fauci says his main message to lawmakers will be `` the danger of trying to open the country prematurely . ''
The Senate hearing is called `` COVID-19 : Safely Getting Back to Work and Back to School . ''
The irony , though , is that it will take place via video conference .
@ @ @ @ @ @ @ Republican Lamar Alexander , will chair the hearing remotely from his home in Tennessee because one of his staffers tested positive for COVID-19 .
Four top doctors integral to the government 's coronavirus response , who are expected to testify , will also do so remotely .
Three are self-quarantining because of exposure to a White House staffer who also tested positive for the coronavirus .
The Senate hearing is set to begin at 10 a.m .
ET .
Watch it live .
Fauci , the nation 's top infectious disease expert , @ @ @ @ @ @ @ and Prevention Director Robert Redfield and Food and Drug Administration chief Stephen Hahn are expected to appear .
Fauci told The New York Times in an email , `` The major message that I wish to convey to the Senate HLP committee tomorrow is the danger of trying to open the country prematurely . ''
`` If we skip over the checkpoints in the guidelines to 'Open America Again , ' then we risk the danger of multiple outbreaks throughout the country .
This will not only result in needless suffering and death @ @ @ @ @ @ @ on our quest to return to normal , '' he added .
The medical experts are sure to be asked about several things President Trump said during a briefing at the White House on Monday , most notably on testing .
`` We have prevailed '' on testing , Trump said .
Asked when all Americans will be able to get tested every day , as often as the officials in the White House are , Trump claimed : `` Very soon .
I mean , really , very soon . ''
There @ @ @ @ @ @ @ to getting everyone tested routinely or that there 's even a plan or push to do so .
Later , Trump inaccurately said , `` If somebody wants to be tested right now , they 'll be able to be tested . ''
That is not true .
Trump and Adm. Brett Giroir , who will also be testifying at the Senate hearing , clarified that everyone who needs a test can get one .
And then , Trump added , `` Not everybody should get a test , because they should have @ @ @ @ @ @ @ right . ''
That 's a remarkable statement considering that Vice President Pence 's press secretary , Katie Miller , tested positive for COVID-19 — and displayed no symptoms .
Expect the doctors Tuesday to explain asymptomatic spread and how the cases in the White House demonstrate the need for everyone to be routinely tested , not just those with fevers , coughing and other symptoms .

Fauci Warns States Not To 'Jump Over' Guidelines To Reopening
Enlarge this image toggle caption Win McNamee/Pool/AFP via Getty Images Win McNamee/Pool/AFP via Getty Images
Updated at 2 p.m. ET
Dr. Anthony Fauci, the nation's top infectious disease expert, warned Tuesday of states and localities skipping over federal guidelines while trying to lift restrictions and restart their economies amid the coronavirus pandemic.
Speaking remotely during a unique Senate health committee hearing, Fauci told lawmakers that his concern is that if some areas "jump over" guidelines from the federal government and "prematurely open up," there will be "little spikes that turn into outbreaks."
His statements follow an email he sent to The New York Times on Monday in which he wrote, in part: "If we skip over the checkpoints in the guidelines to 'Open America Again,' then we risk the danger of multiple outbreaks throughout the country. This will not only result in needless suffering and death, but would actually set us back on our quest to return to normal."
The White House guidelines, released in April, call for states or regions to see a downward trajectory of cases or positive tests over two weeks before moving on to a phased reopening.
Miss the hearing? You can watch it here.
Fauci, who's director of the National Institute of Allergy and Infectious Diseases and a key member of the White House coronavirus task force, told lawmakers that this virus will not disappear.
"That is just not going to happen," he said.
Fauci implored states to "go by the guidelines" because otherwise, "the consequences could be really serious." He warned that "there is no doubt" that as mitigation efforts are pulled back, "you will see more cases." He said states have to remain prepared and ready to deal with more cases.
Asked by Sen. Elizabeth Warren of Massachusetts whether the virus is contained, he said it is not.
"If you think we have it completely under control, we don't," Fauci said. "I think we are going in the right direction, but the right direction does not mean, by any means, that we have this under control."
Focus on schools
When asked by committee Chair Lamar Alexander of Tennessee whether there would be coronavirus treatments or a vaccine that could facilitate college students returning to school in the fall, Fauci said he thought that "would be a bridge too far."
Enlarge this image toggle caption Win McNamee/Pool/AFP via Getty Images Win McNamee/Pool/AFP via Getty Images
Alexander chaired the hearing remotely from his home in Tennessee (with his dog Rufus in the background on a couch the whole time) because one of his staffers tested positive for COVID-19.
Fauci said there are multiple potential vaccines in development and that he hopes the administration will have some idea whether they work by late fall, early winter.
Dr. and Adm. Brett Giroir, an assistant health secretary who is leading the Trump administration's testing efforts, said during the Senate hearing that there may be the possibility to test students going back to school by the fall.
Also testifying Tuesday were Centers for Disease Control and Prevention Director Dr. Robert Redfield and Food and Drug Administration chief Dr. Stephen Hahn. All four witnesses testified remotely.
Redfield in particular talked about contact tracing, and about how his organization is working with local officials to build up capacity to conduct tracing.
YouTube
Calls for more testing
Giroir said that as of Tuesday, the United States has conducted more than 9 million coronavirus tests, more than any other country. He noted the importance of testing asymptomatic people, and that he expects the country to be able to do 40 million to 50 million tests a month by September.
Chairman Alexander stressed the need for more widespread testing for the virus.
"All roads back to work and school go through testing," the Republican said in his opening remarks.
Republican Sen. Mitt Romney of Utah came at the testing problem straight on. He noted that while it's nice that the U.S. has passed much-lauded South Korea in total testing, the real issue is when that testing took place. It took place far too late in the U.S., he said, to prevent the tens of thousands of deaths in this country, the way South Korea did by testing early.
"I find our testing record nothing to celebrate," Romney said.
That's been the problem all along. President Trump downplayed the coronavirus for weeks, while South Korea was doing the bulk of its testing. Trump only seemed to take it seriously as the death toll went into the thousands in this country.
In recent days, Trump has again downplayed the importance of testing, but also said during a briefing at the White House on Monday that "we have prevailed" on testing.
Asked when all Americans will be able to get tested every day, as often as officials in the White House are, Trump claimed: "Very soon. I mean, really, very soon."
There is no evidence the country is close to getting everyone tested routinely.
Later, Trump inaccurately said, "If somebody wants to be tested right now, they'll be able to be tested."
Trump and Giroir clarified Monday that everyone who needs a test can get one. And then, Trump added, "Not everybody should get a test, because they should have certain things when they're not feeling right."
That's a remarkable statement considering that Vice President Pence's press secretary, Katie Miller, tested positive for COVID-19 — and displayed no symptoms.
Fauci, Redfield and Hahn are currently self-quarantining because of exposure to a White House staffer who tested positive for the coronavirus.
Murray criticizes Trump administration
Like Alexander, Patty Murray, who's the ranking Democrat, noted that what's needed in the country is "dramatically more testing," and yet, she said, there's no comprehensive plan to ramp it up and make it free.
Murray, of Washington state, a state that saw an early outbreak of the coronavirus, didn't mince her words about the Trump administration's response to the pandemic, calling it a "disaster all on its own." She cited "delays" and "missteps" that allowed "inaccurate antibody tests to flood the market," longer wait times for personal protective equipment for front-line health care workers and that Trump himself has "promoted dangerous, unproven treatments" and that his White House buried detailed CDC guidance for reopening.
"The Trump administration tossed it in the trash bin for being too prescriptive," Murray said, adding that it's "far from first time" that Trump has tried to "silence experts," and charged that Trump would rather fight "against the truth than this virus."
Alexander said he wants the focus not to be on "finger-pointing" but on what to do for this pandemic going forward and others that could come in the future.
"I'm not worried about what you do on Sunday, I'm worried about what you do the rest of the week," Alexander said in his opening remarks, quoting his preacher.
Alexander said "before we spend too much time finger-pointing," consider that "all of us" underestimated this virus. "Even the experts underestimated COVID-19."
At one point, Kentucky Republican Sen. Rand Paul took aim at Fauci, saying he's not the "end all" when it comes to how to deal with the coronavirus.
Fauci, for his part, responded that he never made himself out to be the end all, that his advice is based on science and how to stop a pandemic, that he doesn't give advice about the economy, and that being "humble" is important — for everyone — when it comes to a novel virus that everyone is learning about in real time.


npr--2020-05-12--Checkpoint Clash Escalates Between South Dakota Governor, Tribal Leaders

South Dakota Gov .
Kristi Noem says she will follow through on her threat to take legal action against two Native American tribes that have defied orders to remove highway checkpoints onto tribal land in an effort to prevent the spread of the coronavirus on their reservations .
In a Monday press conference , Noem affirmed that her office will take the Cheyenne River Sioux Tribe and Oglala Sioux Tribe to federal court , saying the checkpoints that were put in place last month on state and federal highways have prevented essential services from making their way to areas in @ @ @ @ @ @ @ that have been going to these areas that have been involved in essential services that have not been allowed to go forward .
We have people who live in tribal areas , and also have property there such as cattle or ranches and they 're not allowed to go there and check on their property or to do normal day-to-day business , '' she said .
In letters to the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe last Friday , Noem said the state would take legal action if the tribes @ @ @ @ @ @ @ hours .
As of Monday night it was unclear whether the state had filed court papers .
The restrictions require residents and non-residents to fill out a health questionnaire each time they enter or leave tribal lands .
It also limits non-residents from entering the reservations unless on essential business or if the tribal government has granted them a travel permit .
However , those who wish to drive straight through are allowed to pass , according to the tribes .
Noem said her office has been told of instances where through-travelers have @ @ @ @ @ @ @ `` We do have situations where people have tried to just travel through , not stop , and have been turned around , '' Noem said .
`` We do have people that have been going to these areas that have been involved in essential services that have not been allowed to go forward . ''
The governor added it is her office 's responsibility to facilitate access through each reservation — a spread of more than 15,000 square miles combined .
Meanwhile , the governments of both tribes say the decision to @ @ @ @ @ @ @ by restricting non-essential travel is well within their rights .
`` We have every legal right to do what we 're doing , '' Cheyenne River Sioux Tribe Chairman Harold Frazier told MSNBC on Sunday .
Both tribes have issued lockdowns , stay-at-home orders and curfews , while Noem has refrained from enacting such measures across the state .
Frazier and Oglala Sioux Tribe President Julian Bear Runner contend the tribal measures were put in place out of concern that an outbreak could overwhelm their limited health care facilities .
`` When we @ @ @ @ @ @ @ greatest rights is the right to live , '' Frazier said on MSNBC .
`` And that 's all we 're trying to do is to provide that right for our residents of this reservation . ''
On Sunday , a bipartisan group of South Dakota legislators whose districts include tribal lands said in a letter to Noem , `` Your statement that Tribal governments do not possess the ability to establish checkpoints within the boundaries of their homelands is not accurate . ''
They said that the Fort Laramie Treaties of 1851 @ @ @ @ @ @ @ The legislators also said a 1990 opinion by the 8th Circuit Court of Appeals said the state has no jurisdiction over highways running through Native American land without tribal consent .
`` We do not wish to be party of another lawsuit that will ultimately cost the people of South Dakota more money , '' the legislators said .
Noem said she is working with the lawmakers to find a resolution to the issue but insisted state and federal highways are not under tribal control .
A federal court will provide needed `` @ @ @ @ @ @

Checkpoint Clash Escalates Between South Dakota Governor, Tribal Leaders
Enlarge this image toggle caption James Nord/AP James Nord/AP
South Dakota Gov. Kristi Noem says she will follow through on her threat to take legal action against two Native American tribes that have defied orders to remove highway checkpoints onto tribal land in an effort to prevent the spread of the coronavirus on their reservations.
In a Monday press conference, Noem affirmed that her office will take the Cheyenne River Sioux Tribe and Oglala Sioux Tribe to federal court, saying the checkpoints that were put in place last month on state and federal highways have prevented essential services from making their way to areas in need.
"We do have people that have been going to these areas that have been involved in essential services that have not been allowed to go forward. We have people who live in tribal areas, and also have property there such as cattle or ranches, and they're not allowed to go there and check on their property or to do normal day-to-day business," she said.
In letters to the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe last Friday, the Republican governor said the state would take legal action if the tribes did not remove the checkpoints within 48 hours. As of Monday night it was unclear whether the state had filed court papers.
The restrictions require residents and nonresidents to fill out a health questionnaire each time they enter or leave tribal lands. They also limit nonresidents from entering the reservations unless on essential business or if the tribal government has granted them a travel permit. However, those who wish to drive straight through are allowed to pass, according to the tribes.
Noem said her office has been told of instances where through-travelers have been prevented from entering the reservations.
"We do have situations where people have tried to just travel through, not stop, and have been turned around," Noem said. "We do have people that have been going to these areas that have been involved in essential services that have not been allowed to go forward."
The governor added that it is her office's responsibility to facilitate access through each reservation — a spread of more than 15,000 square miles combined.
Meanwhile, the governments of both tribes say the decision to create an "island of safety" by restricting nonessential travel is well within their rights.
"We have every legal right to do what we're doing," Cheyenne River Sioux Tribe Chairman Harold Frazier told MSNBC on Sunday.
Both tribes have issued lockdowns, stay-at-home orders and curfews, while Noem has refrained from enacting such measures across the state.
Frazier and Oglala Sioux Tribe President Julian Bear Runner contend that the tribal measures were put in place out of concern that an outbreak could overwhelm their limited health care facilities.
"When we talk about rights, one of the greatest rights is the right to live," Frazier said on MSNBC. "And that's all we're trying to do is to provide that right for our residents of this reservation."
On Sunday, a bipartisan group of South Dakota legislators whose districts include tribal lands said in a letter to Noem, "Your statement that Tribal governments do not possess the ability to establish checkpoints within the boundaries of their homelands is not accurate."
They said that the Fort Laramie Treaties of 1851 and 1868 gave tribes such powers. The legislators also said a 1990 opinion by the 8th Circuit Court of Appeals said the state has no jurisdiction over highways running through Native American land without tribal consent.
"We do not wish to be party of another lawsuit that will ultimately cost the people of South Dakota more money," the legislators said.
Noem said she is working with the lawmakers to find a resolution to the issue but insisted state and federal highways are not under tribal control.
A federal court will provide needed "clarity," she said.