cnbc--2020-12-07--Schumer pressures Biden to bypass Congress to cancel $50,000 in student debt per borrower

Sen .
Minority Leader Chuck Schumer continues to put pressure on President-elect Joe Biden to forgive up to $ 50,000 in student debt per borrower on the first day of his presidency .
`` We have come to the conclusion that President Biden can undo this debt , can forgive $ 50,000 of debt the first day he becomes president , '' Schumer said on Monday outside his office in Midtown Manhattan .
`` You do n't need Congress ; All you need is the flick of a pen . ''
More than 40 million Americans have a lot riding @ @ @ @ @ @ @ a president can forgive student debt without Congress .
Borrowers could see their debts reduced or eliminated overnight if the president was able to act without legislation .
Getting Congress to agree to forgive the loans , on the other hand , is not likely to occur any time soon , if ever .
For now , it 's also an open question if Biden has interest in testing his presidential power in this way .
More from Personal Finance : Depositors struggle to get money back from banking app Beam Here 's @ @ @ @ @ @ @ ) match will be worth Personal Finance 101 : The complete guide to managing your money During the 2020 Democratic presidential primary , Massachusetts Sen. Elizabeth Warren vowed to forgive student loans in the first days of her administration , including with her announcement an analysis written by three legal experts , based at the Project on Predatory Student Lending at Harvard Law School , who described such a move as `` lawful and permissible . ''
Biden , however , has not gone so far .
A spokesman for the president-elect would @ @ @ @ @ @ @ stance on whether or not he can forgive student debt without Congress , through he pointed to remarks Biden made at a recent press conference after he was asked if he would take executive action to cancel the loans .
`` They 're in real trouble , '' said Biden , about student loan borrowers .
`` They 're having to make choices between paying their student loan and paying the rent , those kinds of decisions .
It should be done immediately . ''
Biden has said he would forgive $ 10,000 @ @ @ @ @ @ @ and the rest of the debt for those who attended public colleges or historically Black colleges and universities and earn less than $ 125,000 a year .
In all , that would slash the country 's $ 1.7 trillion outstanding student loan tab by about a third , according to calculations by higher-education expert Mark Kantrowitz .
Biden is under increasing pressure to go further though amid the pandemic .
More than 230 organizations and non-profits , including Americans for Financial Reform , the NAACP and the National Consumer Law Center , signed @ @ @ @ @ @ @ on Biden to cancel student loans on his first day as president .
One survey found that 58 % of registered voters are in support of student loan forgiveness and around 840,000 people have signed a Change.org petition titled , `` Donald Trump/Joe Biden : Erase Student Loans ! ''
The legal arguments around whether or not a president can nix the debt get complicated , fast .
CNBC asked Toby Merrill , founder and director of the Project on Predatory Student Lending at Harvard Law School , how she 'd explain to @ @ @ @ @ @ @ within the president 's power to do so .
`` The Constitution gave Congress the authority to control property of the government , like debts owed to it , '' she wrote .
And Congress , Merrill said , granted the Secretary of Education , who works for the president , `` the specific and unrestricted authority to create and to cancel or modify debt owed under federal student loan programs . ''
The same question was posed to Luke Herrine , a Ph.D. candidate at Yale Law School , who first made @ @ @ @ @ @ @ Department of Education could cancel student debt .
`` Basically it 's like the power that a prosecutor has to determine whether to bring charges against somebody – the prosecutor might think that a person has committed a crime but decide not to bring a case against them for whatever reason , '' Herrine said .
In other words : The president could collaborate with the U.S. Department of Education to stop collecting on people 's student loans , proponents of the argument say .
`` Using an executive order to forgive federal @ @ @ @ @ @ @ a lawsuit and preliminary injunction , and eventually fail , '' Kantrowitz said .
`` Also , trying that route immediately upon taking office would block any attempt at working with Congress in a bipartisan manner , '' he added .
Ryan D. Doerfler , a law professor at the University of Chicago , can also see such a move being met by a myriad of challenges .
For example , he said , opponents may say that the U.S. Department of Education can deliver relief to borrowers only in specific circumstances .
@ @ @ @ @ @ @ the president from trying it , Doerfler said .
`` Congress seems wholly uninterested in taking such steps , '' he said , and so , `` better to pursue debt cancellation through executive action than pray for Mitch McConnell to have a change of heart . ''
Beyond the legal tussle , other critics of a student debt jubilee say it would n't significantly stimulate the economy because college graduates tend to be higher earners who would likely redirect their monthly bill to savings rather than spend more .
Merrill disagrees , @ @ @ @ @ @ @ struggling even before the pandemic .
Indeed , when the country was in the midst of its longest economic expansion in history and unemployment levels were at half-century lows , more than 1 in 4 student loan borrowers were either in delinquency or default .
Research has shown the loans make it harder for Americans to buy houses and cars , start businesses and families , save or invest .
The country 's outstanding student loan balance is projected to swell to $ 2 trillion by 2022 , and experts say a large @ @ @ @ @ @ @ be repaid .
All that before the pandemic .
`` People affected by the coronavirus , people whose income has been cut off or are hourly workers , are struggling under the burden of student loan debt , '' Merrill said .
The U.S. Department of Education has offered people the option to pause their student loan payments until February 2021 .
Almost all borrowers have taken it : Less than 11 % of those with federal student loans are paying their bills during the pandemic , according to data analyzed by Kantrowitz @ @ @ @ @ @ @ 58 % of borrowers report that it would be difficult for them to resume making payments in the coming month .
Despite its advantages , some say student loan forgiveness would spark a backlash among those who did n't attend college , did n't take out loans or have already paid their student debt off .
Those borrowers `` might feel that their frugality was being punished , '' Noah Smith , a columnist for Bloomberg , wrote recently .
`` That 's like saying providing a Covid vaccine is unfair to those @ @ @ @ @ @ @ '' he said .
Would you be in favor of President-elect Biden forgiving $ 50,000 in student debt for borrowers ?
Why or why not ?
Email me at annie.nova @ nbcuni.com

U.S. Senate Democratic Leader Chuck Schumer (D-NY) takes questions during a news conference on Capitol Hill in Washington, December 1, 2020. Kevin Lamarque | Reuters
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Biden, however, has not gone so far. A spokesman for the president-elect wouldn't say if Biden has taken a stance on whether or not he can forgive student debt without Congress, through he pointed to remarks Biden made at a recent press conference after he was asked if he would take executive action to cancel the loans. "They're in real trouble," said Biden, about student loan borrowers. "They're having to make choices between paying their student loan and paying the rent, those kinds of decisions. It should be done immediately."
Biden has said he would forgive $10,000 in student debt for all borrowers, and the rest of the debt for those who attended public colleges or historically Black colleges and universities and earn less than $125,000 a year. In all, that would slash the country's $1.7 trillion outstanding student loan tab by about a third, according to calculations by higher-education expert Mark Kantrowitz. Biden is under increasing pressure to go further though amid the pandemic. More than 230 organizations and non-profits, including Americans for Financial Reform, the NAACP and the National Consumer Law Center, signed a letter on Nov. 18, calling on Biden to cancel student loans on his first day as president. One survey found that 58% of registered voters are in support of student loan forgiveness and around 840,000 people have signed a Change.org petition titled, "Donald Trump/Joe Biden: Erase Student Loans!" The legal arguments around whether or not a president can nix the debt get complicated, fast.
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cnbc--2020-12-07--Trump loyalist Michael Pack plots final purge at federal media agency before Biden takes office

President Donald Trump 's pick to lead a federal media agency is attempting one last purge of personnel before Joe Biden is sworn in as the next commander-in-chief .
Michael Pack , the CEO of the U.S. Agency for Global Media , is pushing for the removal of agency officials he previously put on administrative leave , according to people briefed on the matter .
The organization includes media entities such as Voice of America and the Office of Cuba Broadcasting .
A Democratic aide on the Senate Foreign Relations Committee , which oversees the agency , told CNBC that @ @ @ @ @ @ @ fire some of the people on leave , but that the human resources department within the agency has pushed back , citing civil servant employment protections and the fact that many of his targets are part of a whistleblower complaint against the CEO .
A lawyer for people on administrative leave who filed the complaint told CNBC that he too has heard Pack is trying to fire their clients , but with little success .
`` We 've heard the same rumors as well , '' Mark Zaid , one of the lead @ @ @ @ @ @ @ He declined to comment further .
A USAGM spokesperson did not deny that such conversations have been taking place .
`` USAGM will not comment upon speculation involving personnel matters and ongoing investigations , '' a spokesperson emailed , without attributing the statement to a name .
Several of the people who declined to be named in this story did so in order to speak freely on a private matter .
When Pack first became USGM CEO , he sought to remove the leaders at the agency and within its various entities , @ @ @ @ @ @ @ and Radio Free Asia .
The latest move comes as Biden 's transition team has been meeting with former officials , some of whom were ousted by Pack himself .
Biden 's USAGM transition team leader is Richard Stengel , an MSNBC political analyst and former managing editor at Time magazine .
He also served as undersecretary of State for public diplomacy and public affairs while a member of President Barack Obama 's administration .
Biden has said he plans to fire Pack after inauguration day in January .
Prior to taking the @ @ @ @ @ @ @ conservative filmmaker .
He had ties to former White House chief strategist Steve Bannon , as the two worked on two documentaries together .
The whistleblower complaint against Pack was filed in September to the State Department 's inspector general and the U.S. Office of Special Counsel , a federal agency watchdog .
People listed on the complaint include Grant Turner , the agency 's former interim CEO , who then became the group 's chief financial officer ; Matthew Walsh , the deputy director of operations , and Shawn Powers , the @ @ @ @ @ @ @ that the executives named on the legal document `` were all concurrently placed on administrative leave . ''
It goes on to allege that Pack targeted these executives for `` retaliatory action ... because of his belief that they held political views opposed to his , which is a violation of the Hatch Act . ''
The U.S. Office of Special Counsel , according to National Public Radio , recently disclosed that it had found `` a substantial likelihood of wrongdoing '' at USAGM since Pack became the chief executive .

President Donald Trump's pick to lead a federal media agency is attempting one last purge of personnel before Joe Biden is sworn in as the next commander-in-chief.
Michael Pack, the CEO of the U.S. Agency for Global Media, is pushing for the removal of agency officials he previously put on administrative leave, according to people briefed on the matter. The organization includes media entities such as Voice of America and the Office of Cuba Broadcasting.
A Democratic aide on the Senate Foreign Relations Committee, which oversees the agency, told CNBC that they have heard Pack is trying to fire some of the people on leave, but that the human resources department within the agency has pushed back, citing civil servant employment protections and the fact that many of his targets are part of a whistleblower complaint against the CEO.
A lawyer for people on administrative leave who filed the complaint told CNBC that he too has heard Pack is trying to fire their clients, but with little success.
"We've heard the same rumors as well," Mark Zaid, one of the lead attorneys, said in an email. He declined to comment further.
A USAGM spokesperson did not deny that such conversations have been taking place.
"USAGM will not comment upon speculation involving personnel matters and ongoing investigations," a spokesperson emailed, without attributing the statement to a name.
Several of the people who declined to be named in this story did so in order to speak freely on a private matter. When Pack first became USGM CEO, he sought to remove the leaders at the agency and within its various entities, such as Radio Free Europe/ Radio Liberty and Radio Free Asia.
The latest move comes as Biden's transition team has been meeting with former officials, some of whom were ousted by Pack himself. Biden's USAGM transition team leader is Richard Stengel, an MSNBC political analyst and former managing editor at Time magazine. He also served as undersecretary of State for public diplomacy and public affairs while a member of President Barack Obama's administration.
Biden has said he plans to fire Pack after inauguration day in January.
Prior to taking the helm at USAGM, Pack was a conservative filmmaker. He had ties to former White House chief strategist Steve Bannon, as the two worked on two documentaries together.
The whistleblower complaint against Pack was filed in September to the State Department's inspector general and the U.S. Office of Special Counsel, a federal agency watchdog. People listed on the complaint include Grant Turner, the agency's former interim CEO, who then became the group's chief financial officer; Matthew Walsh, the deputy director of operations, and Shawn Powers, the chief strategy officer.
The complaint notes that the executives named on the legal document "were all concurrently placed on administrative leave." It goes on to allege that Pack targeted these executives for "retaliatory action ... because of his belief that they held political views opposed to his, which is a violation of the Hatch Act."
The U.S. Office of Special Counsel, according to National Public Radio, recently disclosed that it had found "a substantial likelihood of wrongdoing" at USAGM since Pack became the chief executive.


cnbc--2020-12-07--Federal judge dismisses Sidney Powell lawsuit that sought to overturn Trump loss in Georgia

Sidney Powell , attorney for President Donald Trump , conducts a news conference at the Republican National Committee on lawsuits regarding the outcome of the 2020 presidential election on Thursday , November 19 , 2020 .
A federal judge on Monday quickly dismissed a lawsuit filed by conservative attorney Sidney Powell that sought to overturn President Donald Trump 's election loss to Joe Biden in Georgia .
The dismissal , and a rejection earlier Monday in a similar case by Powell in Michigan , are serious blows to Trump 's long-shot effort to deny Biden a victory next week in @ @ @ @ @ @ @ Georgia by Judge Timothy Batten Sr. came less than 90 minutes into a hearing in Atlanta federal court , where Powell had claimed that Trump was the victim of massive ballot fraud related to Georgia 's use of Dominion voting machines .
`` The relief that the plaintiffs seek this court can not grant , '' Batten said .
`` They ask the court to order the secretary of state to decertify the election results as if such a mechanism even exists , and I find that it does not . ''
Batten @ @ @ @ @ @ @ Powell 's claim , which were made on behalf of a slate of would-be Trump electors in the Electoral College .
Instead , the judge granted motions to dismiss the lawsuit on the grounds that the suit did not belong in federal court .
Batten repeatedly suggested that Powell could have filed her lawsuit in state court , and he cited an federal appeals court ruling that `` federal courts do n't entertain post-election conduct , excuse me , contests about vote-counting misconduct . ''
Batten also said he found that the plaintiffs @ @ @ @ @ @ @ standing to bring the lawsuit .
`` In their complaint , the plaintiffs essentially ask the court for perhaps the most extraordinary relief ever sought in any federal court in connection with an election , '' the judge said .
`` They want this court to substitute its judgment for that of 2.5 million Georgia voters who voted for Joe Biden , and this I am unwilling to do . ''
Batten had opened the hearing by noting a highly unusual aspect of Powell 's lawsuit : It alleged that a state run @ @ @ @ @ @ @ overseen by a Republican secretary of state — both of whom are Trump supporters — had effectively allowed systemic voting fraud to benefit the president 's Democratic opponent , Biden .
In the Michigan case , federal Judge Linda Parker rejected Powell 's request for an injunction against the vote tally showing a Biden victory in that state , saying that the lawyer 's allegations of fraud were based on `` nothing but speculation and conjecture . ''
Biden is projected to win 306 Electoral College votes on Dec. 14 , 36 more @ @ @ @ @ @ @ contest .
Michigan and Georgia each have 16 votes in the Electoral College .
Trump has refused to concede that he lost the 2020 election .
But lawsuits by his campaign and his allies have repeatedly failed to invalidate any votes for Biden .

Sidney Powell, attorney for President Donald Trump, conducts a news conference at the Republican National Committee on lawsuits regarding the outcome of the 2020 presidential election on Thursday, November 19, 2020.
A federal judge on Monday quickly dismissed a lawsuit filed by conservative attorney Sidney Powell that sought to overturn President Donald Trump's election loss to Joe Biden in Georgia.
The dismissal, and a rejection earlier Monday in a similar case by Powell in Michigan, are serious blows to Trump's long-shot effort to deny Biden a victory next week in the Electoral College.
The ruling in Georgia by Judge Timothy Batten Sr. came less than 90 minutes into a hearing in Atlanta federal court, where Powell had claimed that Trump was the victim of massive ballot fraud related to Georgia's use of Dominion voting machines.
"The relief that the plaintiffs seek this court cannot grant," Batten said.
"They ask the court to order the secretary of state to decertify the election results as if such a mechanism even exists, and I find that it does not."
Batten did not rule on the merits of Powell's claim, which were made on behalf of a slate of would-be Trump electors in the Electoral College.
Instead, the judge granted motions to dismiss the lawsuit on the grounds that the suit did not belong in federal court.
Batten repeatedly suggested that Powell could have filed her lawsuit in state court, and he cited an federal appeals court ruling that "federal courts don't entertain post-election conduct, excuse me, contests about vote-counting misconduct."
Batten also said he found that the plaintiffs in the case did not have legal standing to bring the lawsuit.
"In their complaint, the plaintiffs essentially ask the court for perhaps the most extraordinary relief ever sought in any federal court in connection with an election," the judge said.
"They want this court to substitute its judgment for that of 2.5 million Georgia voters who voted for Joe Biden, and this I am unwilling to do."
Batten had opened the hearing by noting a highly unusual aspect of Powell's lawsuit: It alleged that a state run by a Republican governor and an election overseen by a Republican secretary of state — both of whom are Trump supporters — had effectively allowed systemic voting fraud to benefit the president's Democratic opponent, Biden.
In the Michigan case, federal Judge Linda Parker rejected Powell's request for an injunction against the vote tally showing a Biden victory in that state, saying that the lawyer's allegations of fraud were based on "nothing but speculation and conjecture."
Biden is projected to win 306 Electoral College votes on Dec. 14, 36 more than he needs to win the presidential contest. Michigan and Georgia each have 16 votes in the Electoral College.
Trump has refused to concede that he lost the 2020 election. But lawsuits by his campaign and his allies have repeatedly failed to invalidate any votes for Biden.


cnbc--2020-12-07--Joe Biden names five co-chairs for inaugural committee, including Rep. James Clyburn as lead chair

U.S. President-elect Joe Biden speaks about the economy and the final U.S. jobs report of 2020 at his transition headquarters in Wilmington , Delaware , U.S. , December 4 , 2020 .
President-elect Joe Biden on Monday named five co-chairs to lead his inaugural committee .
All of his committee heads , who will be responsible for organizing the crowning event of the incoming president , have past ties to Biden .
Rep. James Clyburn , D-S.C. , the lead chair of the committee , has been one of Biden 's staunchest allies for over a decade .
He provided @ @ @ @ @ @ @ the South Carolina Democratic primary in February .
Biden went on to win that primary and pick up key victories during Super Tuesday the following month .
`` Kamala and I are honored and grateful to these leaders for joining our inaugural committee as co-chairs and helping to organize a safe inauguration for all Americans , '' Biden said in a statement .
Michigan Gov .
Gretchen Whitmer , an inaugural co-chair , endorsed Biden just before that state 's primary , which Biden went on to win .
She later became a @ @ @ @ @ @ @ Garcetti , Rep. Cedric Richmond , D-La.
, and Rep. Lisa Blunt Rochester , D-Del.
, are also co-chairs of the inaugural and were chairs of the Biden campaign .
Richmond was recently named a senior advisor to the president-elect and director of the White House Office of Public Engagement .
The five co-chairs will be responsible for helping to put together a safe inaugural in the midst of the coronavirus pandemic .
Biden has said the inaugural is likely to match what took place during the virtual Democratic National Convention .
`` @ @ @ @ @ @ @ not be a gigantic inaugural parade down Pennsylvania Avenue , '' Biden said on Friday .
`` But my guess is you 'll see a lot of virtual activity in states all across America , engaging even more people than before . ''
Fundraising for the inaugural has already begun .
Individuals can give up to $ 500,000 , and corporations can contribute up to $ 1 million .

U.S. President-elect Joe Biden speaks about the economy and the final U.S. jobs report of 2020 at his transition headquarters in Wilmington, Delaware, U.S., December 4, 2020.
President-elect Joe Biden on Monday named five co-chairs to lead his inaugural committee.
All of his committee heads, who will be responsible for organizing the crowning event of the incoming president, have past ties to Biden.
Rep. James Clyburn, D-S.C., the lead chair of the committee, has been one of Biden's staunchest allies for over a decade. He provided a key endorsement of Biden right before the South Carolina Democratic primary in February. Biden went on to win that primary and pick up key victories during Super Tuesday the following month.
"Kamala and I are honored and grateful to these leaders for joining our inaugural committee as co-chairs and helping to organize a safe inauguration for all Americans," Biden said in a statement.
Michigan Gov. Gretchen Whitmer, an inaugural co-chair, endorsed Biden just before that state's primary, which Biden went on to win. She later became a campaign chair.
Los Angeles Mayor Eric Garcetti, Rep. Cedric Richmond, D-La., and Rep. Lisa Blunt Rochester, D-Del., are also co-chairs of the inaugural and were chairs of the Biden campaign. Richmond was recently named a senior advisor to the president-elect and director of the White House Office of Public Engagement.
The five co-chairs will be responsible for helping to put together a safe inaugural in the midst of the coronavirus pandemic. Biden has said the inaugural is likely to match what took place during the virtual Democratic National Convention.
"My guess is that there probably will not be a gigantic inaugural parade down Pennsylvania Avenue," Biden said on Friday. "But my guess is you'll see a lot of virtual activity in states all across America, engaging even more people than before."
Fundraising for the inaugural has already begun. Individuals can give up to $500,000, and corporations can contribute up to $1 million.


cnbc--2020-12-09--Biden defends nomination of recently retired Gen. Lloyd Austin for Defense secretary

WASHINGTON — President-elect Joe Biden on Tuesday defended his decision to nominate retired four-star Army Gen. Lloyd Austin to be his secretary of Defense , a personnel choice that could become one of the incoming president 's most controversial .
Under the National Security Act of 1947 , Congress has prohibited any individual from serving as secretary of defense within seven years of active-duty service .
But Austin left the Army just four years ago , and he would require a special congressional waiver in order to bypass the seven-year rule .
Writing in The Atlantic , Biden tacitly acknowledged @ @ @ @ @ @ @ requirement , but he argued that the strength of Austin 's qualifications outweighs the potential harm of blurring the civilian-military divide .
`` I respect and believe in the importance of civilian control of our military and in the importance of a strong civil-military working relationship at DoD—as does Austin , '' wrote Biden .
`` Austin also knows that the secretary of defense has a different set of responsibilities than a general officer and that the civil-military dynamic has been under great stress these past four years , '' Biden wrote .
@ @ @ @ @ @ @ 1975 graduate of West Point would be the first Black leader of the Pentagon , breaking one of the more enduring glass ceilings in the U.S. government .

WASHINGTON — President-elect Joe Biden on Tuesday defended his decision to nominate retired four-star Army Gen. Lloyd Austin to be his secretary of Defense, a personnel choice that could become one of the incoming president's most controversial.
Biden is set to introduce Austin on Wednesday in Wilmington, Delaware.
Under the National Security Act of 1947, Congress has prohibited any individual from serving as secretary of defense within seven years of active-duty service. But Austin left the Army just four years ago, and he would require a special congressional waiver in order to bypass the seven-year rule.
Writing in The Atlantic, Biden tacitly acknowledged that Austin's nomination violates the civilian requirement, but he argued that the strength of Austin's qualifications outweighs the potential harm of blurring the civilian-military divide.
"I respect and believe in the importance of civilian control of our military and in the importance of a strong civil-military working relationship at DoD—as does Austin," wrote Biden.
"Austin also knows that the secretary of defense has a different set of responsibilities than a general officer and that the civil-military dynamic has been under great stress these past four years," Biden wrote.
If confirmed by the Senate, the 1975 graduate of West Point would be the first Black leader of the Pentagon, breaking one of the more enduring glass ceilings in the U.S. government.


cnbc--2020-12-09--Supreme Court rejects Trump ally's push to overturn Biden win in Pennsylvania

The Supreme Court on Tuesday turned back an effort by Republicans to reverse President-elect Joe Biden 's victory in Pennsylvania .
The top court rejected a petition from Trump ally U.S. Rep. Mike Kelly , a Pennsylvania Republican , who argued that virtually all of the state 's mail-in ballots were unlawful .
The move closes off one of President Donald Trump 's last remaining paths to overturning the results of the 2020 election in court , even as some far-fetched legal cases remain in the works .
The decision was announced in an order with no noted dissents , @ @ @ @ @ @ @ handled on an emergency basis .
The entirety of the court 's order read , `` The application for injunctive relief presented to Justice [ Samuel ] Alito and by him referred to the Court is denied . ''
Trump has refused to concede to Biden , though the Democratic former vice president is projected to win 306 votes in the Electoral College , 36 more than the 270 he needed for victory .
Trump had suggested throughout the campaign and after his defeat that the Supreme Court would ultimately decide the outcome @ @ @ @ @ @ @ has not shown a willingness to intervene .
Three members of the nine-judge bench are Trump appointees , including Justice Amy Coney Barrett , who was confirmed by the GOP-controlled Senate just days before the Nov. 3 election .
Kelly 's suit claimed that a state law violated the Pennsylvania Constitution by providing for no-excuse mail-in voting .
He , along with other conservatives , asked the top court to nullify Democratic Gov .
Tom Wolf 's certification of the state 's vote .
Attorneys for Pennsylvania told the court that Kelly 's @ @ @ @ @ @ @ , disruptive invocations of judicial power in the history of the Republic . ''
`` No court has ever issued an order nullifying a governor 's certification of presidential election results , '' they wrote .
Lower courts sided with the state , and reasoned that Kelly had waited too long to bring the challenge .
The Pennsylvania law , known as Act 77 , was passed in October 2019 .
Kelly did not bring the suit until 13 months later , after the Nov. 3 election had taken place .
Josh Shapiro @ @ @ @ @ @ @ said in a statement posted to Twitter after the Supreme Court 's order was released that `` Laws matter . ''
Shapiro also landed a dig on Sen. Ted Cruz , R-Texas , who had said on Monday that if the justices agreed to review the case , `` I will stand ready to present the oral argument . ''
`` I guess we 'll just have to imagine how that would have gone , '' Shapiro tweeted .
The suit is among dozens filed around the country by conservatives seeking to undo @ @ @ @ @ @ @ On the whole , the lawsuits have failed , with many being dismissed or withdrawn and none impacting a significant number of votes .
Trump has slowly seemed to acknowledge his vanishingly slim legal path forward .
Last month , in his first full interview after the election , he told Fox News : `` Well , the problem is , it 's hard to get into the Supreme Court . ''
Earlier on Tuesday , though , Trump held out hope .
At a Covid vaccine summit at the White House , @ @ @ @ @ @ @ courage , whether it 's a legislator or legislatures , or whether it 's a justice of the Supreme Court , or a number of justices of the Supreme Court ... to do what everybody in this country knows is right . ''
One last-ditch effort before the justices was announced by Texas on Tuesday morning .
Attorney General Ken Paxton filed an unusual lawsuit declaring that the results in Pennsylvania and three other states that Biden won — Georgia , Wisconsin and Michigan — should be scrapped .
Paxton wrote in the @ @ @ @ @ @ @ `` through executive fiat or friendly lawsuits , thereby weakening ballot integrity '' and that any `` electoral college votes cast by such presidential electors appointed '' in those states `` can not be counted . ''
Legal experts dismissed the unprecedented case as unlikely to gain steam at the Supreme Court .
Paul Smith , a professor at the Georgetown University Law Center , said the arguments in the suit were `` wacko . ''
A spokesperson for Kelly did not immediately return a request for comment .

U.S. President Donald Trump participates in a medal ceremony in the Oval Office at the White House in Washington, December 3, 2020. Jonathan Ernst | Reuters
The Supreme Court on Tuesday turned back an effort by Republicans to reverse President-elect Joe Biden's victory in Pennsylvania. The top court rejected a petition from Trump ally U.S. Rep. Mike Kelly, a Pennsylvania Republican, who argued that virtually all of the state's mail-in ballots were unlawful. The move closes off one of President Donald Trump's last remaining paths to overturning the results of the 2020 election in court, even as some far-fetched legal cases remain in the works.
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The decision was announced in an order with no noted dissents, as is typical for cases that are handled on an emergency basis. The entirety of the court's order read, "The application for injunctive relief presented to Justice [Samuel] Alito and by him referred to the Court is denied." Trump has refused to concede to Biden, though the Democratic former vice president is projected to win 306 votes in the Electoral College, 36 more than the 270 he needed for victory. Trump had suggested throughout the campaign and after his defeat that the Supreme Court would ultimately decide the outcome of the race, though the court has not shown a willingness to intervene. Three members of the nine-judge bench are Trump appointees, including Justice Amy Coney Barrett, who was confirmed by the GOP-controlled Senate just days before the Nov. 3 election. Kelly's suit claimed that a state law violated the Pennsylvania Constitution by providing for no-excuse mail-in voting. He, along with other conservatives, asked the top court to nullify Democratic Gov. Tom Wolf's certification of the state's vote.
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cnbc--2020-12-08--Judge says Trump pardon doesn't make Michael Flynn innocent of lying to FBI, but he tosses case

Michael Flynn 's pardon by President Donald Trump does not mean the former national security advisor is `` innocent '' of the crime of lying to FBI agents , a federal judge wrote Tuesday as he formally dismissed the criminal case against Flynn .
Judge Emmet Sullivan also cast a judicially cold eye on the fact that Trump 's pardon covered not only Flynn 's twice-admitted felony of lying to agents but also to other uncharged conduct , which included Flynn lying to the U.S. Justice Department in lobbying documents .
Sullivan 's dismissal of the case in U.S. District @ @ @ @ @ @ @ effectively mandated by the fact that Trump pardoned Flynn the day before Thanksgiving .
But the judge , who has dueled for months with the Justice Department and Flynn 's lawyer Sidney Powell over their efforts to get the case dismissed , used a 43-page opinion to underscore Flynn 's criminal conduct , the strength of the case against him , and the highly unusual effort by the Justice Department to drop the prosecution of a person who pleaded guilty .
`` Because the law recognizes the President 's political power to pardon @ @ @ @ @ @ @ this case as moot , '' Sullivan wrote .
`` However , the pardon 'does not , standing alone , render [ Mr. Flynn ] innocent of the alleged violation ' '' of making false statements , Sullivan wrote , quoting a federal appeals court decision in another case .
And , the judge wrote , `` Here , the scope of the pardon is extraordinarily broad — it applies not only to the false statements offense to which Mr. Flynn twice pled guilty in this case , but also purports to apply @ @ @ @ @ @ @ that he might be charged with in the future in relation to this case and Special Counsel [ Robert ] Mueller 's investigation . ''
The Justice Department , which originally prosecuted the case , since earlier this year had sought to void Flynn 's guilty plea , claiming there were insufficient grounds to investigate him in the first place .
Sullivan for months had resisted granting the Justice Department 's request .
The termination of the case came after nearly four years of controversy over Flynn , who briefly served as Trump @ @ @ @ @ @ @ had been a rallying figure for critics of then-special counsel Mueller 's investigation of Trump 's 2016 presidential campaign .
The retired Army lieutenant general was fired by Trump in February 2017 after lying to Vice President Mike Pence about the nature of his conversations with Russia 's ambassador to the United States in the weeks before Trump was inaugurated .
Flynn later pleaded guilty in December of that year to lying to FBI agents when he told them that he and the ambassador , Sergey Kislyak , had not discussed sanctions imposed @ @ @ @ @ @ @ in retaliation for interfering in the 2016 U.S. election .
Flynn also lied to agents about his request to Kislyak that Russia vote against or delay a resolution by Egypt in the United Nations Security Council related to Israeli settlements .
As part of his guilty plea , Flynn cooperated with the probe by Mueller into Russian meddling in that election and the question of whether the Trump campaign had coordinated with Russians in that effort .
At an aborted sentencing hearing in December 2018 , he restated his guilty plea before Sullivan @ @ @ @ @ @ @ during his cooperation with Mueller 's investigation , last year began efforts to have the case against him tossed out .
The Justice Department initially resisted those efforts , but ended up endorsing them , in what became another well-known example of Attorney General William Barr taking steps to benefit an ally of Trump who was accused of a crime .
Barr earlier this year undercut the stiff sentencing recommendation by trial prosecutors for Republican operative Roger Stone , who later avoided going to prison for lying to Congress after Trump commuted his @ @ @ @ @ @ @ , a member of the Senate Judiciary Committee , said in late November , `` President Trump 's pardon of Michael Flynn is as rotten as it is unsurprising . ''
`` As a reminder : Michael Flynn pleaded guilty twice to lying to federal investigators in an attempt to cover up his secret communications with the Russian government .
His crimes risked our national security and undermined our system of justice , '' Blumenthal said .
But White House press secretary Kayleigh McEnany had said , `` The President has pardoned General @ @ @ @ @ @ @ prosecuted . ''
`` An independent review of General Flynn 's case by the Department of Justice — conducted by respected career professionals — supports this conclusion , '' McEnany said .
`` In fact , the Department of Justice has firmly concluded that the charges against General Flynn should be dropped .
This Full Pardon achieves that objective , finally bringing to an end the relentless , partisan pursuit of an innocent man . ''

Michael Flynn's pardon by President Donald Trump does not mean the former national security advisor is "innocent" of the crime of lying to FBI agents, a federal judge wrote Tuesday as he formally dismissed the criminal case against Flynn.
Judge Emmet Sullivan also cast a judicially cold eye on the fact that Trump's pardon covered not only Flynn's twice-admitted felony of lying to agents but also to other uncharged conduct, which included Flynn lying to the U.S. Justice Department in lobbying documents.
Sullivan's dismissal of the case in U.S. District Court in Washington, D.C., was effectively mandated by the fact that Trump pardoned Flynn the day before Thanksgiving.
But the judge, who has dueled for months with the Justice Department and Flynn's lawyer Sidney Powell over their efforts to get the case dismissed, used a 43-page opinion to underscore Flynn's criminal conduct, the strength of the case against him, and the highly unusual effort by the Justice Department to drop the prosecution of a person who pleaded guilty.
"Because the law recognizes the President's political power to pardon, the appropriate course is to dismiss this case as moot," Sullivan wrote.
"However, the pardon 'does not, standing alone, render [Mr. Flynn] innocent of the alleged violation'" of making false statements, Sullivan wrote, quoting a federal appeals court decision in another case.
And, the judge wrote, "Here, the scope of the pardon is extraordinarily broad — it applies not only to the false statements offense to which Mr. Flynn twice pled guilty in this case, but also purports to apply to 'any and all possible offenses' that he might be charged with in the future in relation to this case and Special Counsel [Robert] Mueller's investigation."
The Justice Department, which originally prosecuted the case, since earlier this year had sought to void Flynn's guilty plea, claiming there were insufficient grounds to investigate him in the first place.
Sullivan for months had resisted granting the Justice Department's request.
The termination of the case came after nearly four years of controversy over Flynn, who briefly served as Trump's first national security advisor. He had been a rallying figure for critics of then-special counsel Mueller's investigation of Trump's 2016 presidential campaign.
The retired Army lieutenant general was fired by Trump in February 2017 after lying to Vice President Mike Pence about the nature of his conversations with Russia's ambassador to the United States in the weeks before Trump was inaugurated.
Flynn later pleaded guilty in December of that year to lying to FBI agents when he told them that he and the ambassador, Sergey Kislyak, had not discussed sanctions imposed on Russia by the outgoing Obama administration in retaliation for interfering in the 2016 U.S. election.
Flynn also lied to agents about his request to Kislyak that Russia vote against or delay a resolution by Egypt in the United Nations Security Council related to Israeli settlements.
As part of his guilty plea, Flynn cooperated with the probe by Mueller into Russian meddling in that election and the question of whether the Trump campaign had coordinated with Russians in that effort. At an aborted sentencing hearing in December 2018, he restated his guilty plea before Sullivan.
Flynn, whose sentencing postponement continued during his cooperation with Mueller's investigation, last year began efforts to have the case against him tossed out.
The Justice Department initially resisted those efforts, but ended up endorsing them, in what became another well-known example of Attorney General William Barr taking steps to benefit an ally of Trump who was accused of a crime.
Barr earlier this year undercut the stiff sentencing recommendation by trial prosecutors for Republican operative Roger Stone, who later avoided going to prison for lying to Congress after Trump commuted his sentence.
Sen. Richard Blumenthal, D-Conn., a member of the Senate Judiciary Committee, said in late November, "President Trump's pardon of Michael Flynn is as rotten as it is unsurprising."
"As a reminder: Michael Flynn pleaded guilty twice to lying to federal investigators in an attempt to cover up his secret communications with the Russian government. His crimes risked our national security and undermined our system of justice," Blumenthal said.
But White House press secretary Kayleigh McEnany had said, "The President has pardoned General Flynn because he should never have been prosecuted."
"An independent review of General Flynn's case by the Department of Justice — conducted by respected career professionals — supports this conclusion," McEnany said.
"In fact, the Department of Justice has firmly concluded that the charges against General Flynn should be dropped. This Full Pardon achieves that objective, finally bringing to an end the relentless, partisan pursuit of an innocent man."


cnbc--2020-12-09--McConnell backs off demand for liability protection in Covid stimulus negotiations

Senate Majority Leader Mitch McConnell on Tuesday backed off his demand for businesses to get coronavirus-related liability protections as part of a year-end rescue package .
The Kentucky Republican urged Congress to pass an aid bill that contains neither legal immunity nor state and local government support , two roadblocks to lawmakers striking a relief deal .
`` What I recommend is we set aside liability and set aside state and local , and pass those things that we can agree on knowing full well we 'll be back at this after the 1st of the year '' during the @ @ @ @ @ @ @ , McConnell told reporters on Tuesday .
Democratic leaders , who oppose a liability shield , quickly rejected the tradeoff .
Senate Minority Leader Chuck Schumer , D-N.Y. , told reporters a lack of state and local relief puts teacher and first responder jobs `` in jeopardy '' in cash-crunched areas of the country .
He contended his GOP counterpart is `` sabotaging '' a bipartisan group negotiating a $ 908 billion aid proposal .
House Speaker Nancy Pelosi , D-Calif. , said in a statement that `` the bipartisan negotiations involving Senators @ @ @ @ @ @ @ good progress and must be allowed to proceed without Leader McConnell 's obstruction . ''
In proposing to abandon both contentious issues , McConnell specifically mentioned a handful of areas where Republicans and Democrats have found consensus : Paycheck Protection Program small business loans , money for Covid-19 vaccine distribution and aid for health-care providers , among `` a variety of other things that are not controversial . ''
He did not say where he currently stands on direct payments to Americans .
Congressional Democrats , some Republicans and the Trump administration back @ @ @ @ @ @ @ sent $ 1,200 payments to most Americans earlier this year .
Several Senate progressives and one GOP lawmaker have signaled they oppose a relief bill if it lacks a stimulus check .
If Congress resolves neither the liability protection or state and local aid issues this year , McConnell could try to use them as leverage in talks with the Biden administration .
The incoming president has backed state and local relief .
Leaders in Washington hope to pass a rescue package before the end of the year after months of inaction .
@ @ @ @ @ @ @ could cut off unemployment benefits to about 12 million people and leave millions facing the threat of eviction .
To strike a deal in time , Republicans and Democrats still need to resolve major disputes over how best to buoy the economy and health-care system .
Lawmakers plan to buy themselves more time to reach both pandemic aid and spending agreements by approving a one-week continuing resolution to keep the government funded through Dec. 18 .
Officials have put forward a bevy of proposals during the rush to approve aid .
Treasury Secretary @ @ @ @ @ @ @ mix on Tuesday : a $ 916 billion offer made to Pelosi during a phone call .
He said it includes `` money for state and local governments and robust liability protections for businesses , schools and universities . ''
Mnuchin added that he and White House chief of staff Mark Meadows reviewed the plan with President Donald Trump , McConnell and House Minority Leader Kevin McCarthy , R-Calif .
The Treasury secretary did not detail what else it includes .
In a joint statement Tuesday night , Pelosi and Schumer said McConnell @ @ @ @ @ @ @ $ 916 billion package represented `` progress . ''
However , they said `` the bipartisan talks [ in Congress ] are the best hope for a bipartisan solution . ''
They called it `` unacceptable '' that the Trump administration would put $ 40 billion toward unemployment payments , less than a fourth of the $ 180 billion set out by the lawmakers engaged in talks .
The bipartisan group has worked for days to craft a compromise bill .
The lawmakers aim to release more details about the proposal this week @ @ @ @ @ @ @ a foundation for talks with Republican leaders .
Before Mnuchin put forward the latest White House proposal , McConnell had called for a roughly $ 500 billion `` targeted '' bill .
A daily average Covid-19 infection rate of more than 200,000 has overwhelmed hospitals across the country .
States and cities have implemented new economic restrictions to slow cases in an already sluggish economy where roughly 20 million people are receiving unemployment benefits .
Congressional leaders have signaled they want to attach coronavirus relief measures to spending legislation .
The move would @ @ @ @ @ @ @ in one swoop .
Reaching agreement on both fronts is the hard part .
The bipartisan plan as first outlined last week would put nearly $ 300 billion into Paycheck Protection Program small business loans and $ 160 billion into support for state and local governments that may have to lay off workers .
It would reinstate the federal unemployment insurance supplement at $ 300 per week and put funds into Covid-19 vaccine distribution , education and transportation , among other measures .
The proposal as initially unveiled would also give companies temporary @ @ @ @ @ @ @ make their own laws .
However , the negotiators have not resolved how to craft final text around legal protections and state and local aid , Democratic Sen. Joe Manchin of West Virginia said Tuesday .
Before Tuesday , McConnell had insisted on including a liability shield in a relief package .
His most recent proposal included that provision , along with PPP loans and money for vaccine distribution and education .
He has opposed new state and local relief .
Speaking on the Senate floor Tuesday , Schumer urged the GOP to @ @ @ @ @ @ @ `` The situation is really quite simple , '' he said .
`` There are glaring needs across the country , and we will need to work across party lines to pass legislation to meet those needs . ''
Stimulus checks have emerged as a make-or-break issue in a relief deal .
Two senators — independent Bernie Sanders of Vermont and Republican Josh Hawley of Missouri — have signaled they oppose a package that does not include direct payments to families .
In a letter to colleagues Tuesday , Sanders and five Democratic @ @ @ @ @ @ @ not go anywhere near far enough , '' according to NBC News .
The group , which includes Sens .
Elizabeth Warren , D-Mass.
, Ron Wyden , D-Ore. , Jeff Merkley , D-Ore. , Ed Markey , D-Mass.
, and Kirsten Gillibrand , D-N.Y. , pushed for direct payments and against legal immunity .
Pelosi told Bloomberg on Tuesday that she still wants stimulus checks in an agreement .
She said the question of including them `` is really up to the president , '' according to the news outlet .
On @ @ @ @ @ @ @ administration will push for direct payments in aid legislation .
At the same time , McConnell 's opposition to the provision is `` softening , '' according to the report .

watch now
Senate Majority Leader Mitch McConnell on Tuesday backed off his demand for businesses to get coronavirus-related liability protections as part of a year-end rescue package. The Kentucky Republican urged Congress to pass an aid bill that contains neither legal immunity nor state and local government support, two roadblocks to lawmakers striking a relief deal. "What I recommend is we set aside liability and set aside state and local, and pass those things that we can agree on knowing full well we'll be back at this after the 1st of the year" during the transition to President-elect Joe Biden's administration, McConnell told reporters on Tuesday. Democratic leaders, who oppose a liability shield, quickly rejected the tradeoff. Senate Minority Leader Chuck Schumer, D-N.Y., told reporters a lack of state and local relief puts teacher and first responder jobs "in jeopardy" in cash-crunched areas of the country. He contended his GOP counterpart is "sabotaging" a bipartisan group negotiating a $908 billion aid proposal. House Speaker Nancy Pelosi, D-Calif., said in a statement that "the bipartisan negotiations involving Senators and Members of the House have made good progress and must be allowed to proceed without Leader McConnell's obstruction."
watch now
In proposing to abandon both contentious issues, McConnell specifically mentioned a handful of areas where Republicans and Democrats have found consensus: Paycheck Protection Program small business loans, money for Covid-19 vaccine distribution and aid for health-care providers, among "a variety of other things that are not controversial." He did not say where he currently stands on direct payments to Americans. Congressional Democrats, some Republicans and the Trump administration back another stimulus check after the federal government sent $1,200 payments to most Americans earlier this year. Several Senate progressives and one GOP lawmaker have signaled they oppose a relief bill if it lacks a stimulus check. If Congress resolves neither the liability protection or state and local aid issues this year, McConnell could try to use them as leverage in talks with the Biden administration. The incoming president has backed state and local relief. Leaders in Washington hope to pass a rescue package before the end of the year after months of inaction. Failure to send more help before then could cut off unemployment benefits to about 12 million people and leave millions facing the threat of eviction.
watch now
Where the plans stand
watch now


cnbc--2020-12-08--Fired cybersecurity chief Christopher Krebs sues Trump campaign, lawyer diGenova, Newsmax after rece

Fired cybersecurity chief Christopher Krebs sues Trump campaign, lawyer diGenova, Newsmax after receiving threats

Christopher Krebs , director of the Department of Homeland Security 's Cybersecurity and Infrastructure Security Agency , testifies during a Senate Judiciary Committee hearing in Dirksen Building titled `` 5G : National Security Concerns , Intellectual Property Issues , and the Impact on Competition and Innovation , '' on Tuesday , May 14 , 2019 .
`` He should be drawn and quartered .
Taken out at dawn and shot , '' diGenova said on the show .
The lawsuit also said diGenova , the GOP attorney allied with Trump 's campaign , singled out Krebs during an appearance on @ @ @ @ @ @ @ Newsmax last week .
His suit noted that Trump fired him via Twitter in a post after Krebs ' Nov. 12 statement , saying the `` recent statement by Chris Krebs on the security of the 2020 Election was highly inaccurate , in that there were massive improprieties and fraud . ''
In fact , the suit says , one of Krebs ' children asked , `` Daddy 's going to get executed ? ''
when one of the president 's surrogates , former top federal prosecutor Joseph diGenova , suggested that Krebs @ @ @ @ @ @ @ to deal with traitors .
Christopher Krebs ' lawsuit said the defendants engaged in a `` calculated and pernicious conspiracy '' and that he `` faces a genuine risk of imminent harm from persons who may seek to act upon the Defendants ' call for violence '' against him .
The nation 's former cybersecurity and infrastructure security chief filed a lawsuit Tuesday , accusing President Donald Trump 's campaign , a top GOP lawyer and the media outlet Newsmax of conspiring to defame him over his statement that the election was secure @ @ @ @ @ @ @ filed in Montgomery County , Maryland , where diGenova lives , said `` diGenova 's call to execute Plaintiff was received , as Defendant diGenova intended , by numerous angry Newsmax viewers as confirmation that Plaintiff was one of the 'traitors ' who was stealing the election from President Trump . ''
`` An angry mob immediately bombarded Plaintiff with a barrage of death threats and harassment , which continue to this day , '' the suit says .
`` The Defendants ' threats have upended Plaintiff 's life , as well as @ @ @ @ @ @ @ serious fear , distress , suffering , and even physical damage , '' according to the suit , which says Krebs is a lifelong Republican and a `` patriot . ''
DiGenova , after an uproar over his comments about Krebs , claimed that he was joking that Krebs should be killed in a gruesome manner .
The lawsuit asks a judge to order Newsmax to remove from its website any recording of the threats made by diGenova , and for monetary damages in excess of $ 75,000 .
`` No one should @ @ @ @ @ @ @ ' for faithfully performing the duties of public service , '' Krebs ' lawyer Jim Walden said in a statement .
`` That is what happened to Chris and to Republicans all across the country , who truthfully , and based on their substantial experience , are upholding the integrity of the election in the face of a false narrative regarding its results , '' Walden said .
A spokesman for the Trump campaign did not immediately respond to a request for comment .
`` No comment , '' diGenova said in an @ @ @ @ @ @ @ lawsuit , which Krebs earlier had suggested he would file .
Newsmax said : `` Newsmax TV airs the The Howie Carr Show , a Boston-based syndicated radio program it licenses , as a simulcast for one hour each weekday .
Mr. diGenova appeared by phone on that simulcast as a guest and made comments that were inappropriate .
Mr. diGenova is not a paid contributor to Newsmax and has no official ties to him . ''
`` Mr. diGenova has appeared on Newsmax since then on two occasions stating he made the @ @ @ @ @ @ @ the right-wing media outlet said .
`` He stated that he intended no harm to Mr. Krebs .
Newsmax believes that claims made by Mr. Krebs in his suit of a 'conspiracy ' and defamation against him are a threat to free speech and his legal action endangers all media organizations that seek an open discourse of ideas and news . ''
Trump , his campaign and legal team , and millions of the president 's supporters have refused to concede that President-elect Joe Biden won the election .
The Democrat is on @ @ @ @ @ @ @ when it meets next week , 36 more than needed for victory .
Trump and his lawyers claim he was swindled out of a victory by ballot fraud but have lost lawsuits seeking to invalidate votes for Biden .
The president recently has leaned on legislators and officials in several swing states to try to overturn Biden 's win in those states by having state legislatures select a slate of Trump electors for the Electoral College .
Trump 's allies also are eyeing a last-gasp effort to have the U.S. House of Representatives @ @ @ @ @

Christopher Krebs, director of the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency, testifies during a Senate Judiciary Committee hearing in Dirksen Building titled "5G: National Security Concerns, Intellectual Property Issues, and the Impact on Competition and Innovation," on Tuesday, May 14, 2019.
"He should be drawn and quartered. Taken out at dawn and shot," diGenova said on the show.
The lawsuit also said diGenova, the GOP attorney allied with Trump's campaign, singled out Krebs during an appearance on "The Howie Carr Show" on Newsmax last week.
His suit noted that Trump fired him via Twitter in a post after Krebs' Nov. 12 statement, saying the "recent statement by Chris Krebs on the security of the 2020 Election was highly inaccurate, in that there were massive improprieties and fraud."
In fact, the suit says, one of Krebs' children asked, "Daddy's going to get executed?" when one of the president's surrogates, former top federal prosecutor Joseph diGenova, suggested that Krebs be killed in a manner historically used to deal with traitors.
Christopher Krebs' lawsuit said the defendants engaged in a "calculated and pernicious conspiracy" and that he "faces a genuine risk of imminent harm from persons who may seek to act upon the Defendants' call for violence" against him.
The nation's former cybersecurity and infrastructure security chief filed a lawsuit Tuesday, accusing President Donald Trump's campaign, a top GOP lawyer and the media outlet Newsmax of conspiring to defame him over his statement that the election was secure from foreign interference.
The lawsuit, filed in Montgomery County, Maryland, where diGenova lives, said "diGenova's call to execute Plaintiff was received, as Defendant diGenova intended, by numerous angry Newsmax viewers as confirmation that Plaintiff was one of the 'traitors' who was stealing the election from President Trump."
"An angry mob immediately bombarded Plaintiff with a barrage of death threats and harassment, which continue to this day," the suit says.
"The Defendants' threats have upended Plaintiff's life, as well as his family's security, and caused serious fear, distress, suffering, and even physical damage," according to the suit, which says Krebs is a lifelong Republican and a "patriot."
DiGenova, after an uproar over his comments about Krebs, claimed that he was joking that Krebs should be killed in a gruesome manner.
The lawsuit asks a judge to order Newsmax to remove from its website any recording of the threats made by diGenova, and for monetary damages in excess of $75,000.
"No one should be targeted and defamed as a 'traitor' for faithfully performing the duties of public service," Krebs' lawyer Jim Walden said in a statement.
"That is what happened to Chris and to Republicans all across the country, who truthfully, and based on their substantial experience, are upholding the integrity of the election in the face of a false narrative regarding its results," Walden said.
A spokesman for the Trump campaign did not immediately respond to a request for comment.
"No comment," diGenova said in an email to CNBC when asked about the lawsuit, which Krebs earlier had suggested he would file.
Newsmax said: "Newsmax TV airs the The Howie Carr Show, a Boston-based syndicated radio program it licenses, as a simulcast for one hour each weekday. Mr. diGenova appeared by phone on that simulcast as a guest and made comments that were inappropriate. Mr. diGenova is not a paid contributor to Newsmax and has no official ties to him."
"Mr. diGenova has appeared on Newsmax since then on two occasions stating he made the comment 'facetiously' and apologized," the right-wing media outlet said.
"He stated that he intended no harm to Mr. Krebs. Newsmax believes that claims made by Mr. Krebs in his suit of a 'conspiracy' and defamation against him are a threat to free speech and his legal action endangers all media organizations that seek an open discourse of ideas and news."
Trump, his campaign and legal team, and millions of the president's supporters have refused to concede that President-elect Joe Biden won the election. The Democrat is on track to have 306 Electoral College votes when it meets next week, 36 more than needed for victory.
Trump and his lawyers claim he was swindled out of a victory by ballot fraud but have lost lawsuits seeking to invalidate votes for Biden.
The president recently has leaned on legislators and officials in several swing states to try to overturn Biden's win in those states by having state legislatures select a slate of Trump electors for the Electoral College. Trump's allies also are eyeing a last-gasp effort to have the U.S. House of Representatives reverse Biden's win.


cnbc--2020-12-08--Texas sues four battleground states in Supreme Court over 'unlawful election results' in 2020 presid

Texas sues four battleground states in Supreme Court over 'unlawful election results' in 2020 presidential race

US President Donald Trump waves upon arrival , alongside Attorney General of Texas Ken Paxton ( L ) in Dallas , Texas , on June 11 , 2020 , where he will host a roundtable with faith leaders and small business owners .
`` Any electoral college votes cast by such presidential electors appointed '' in those states `` can not be counted , '' Texas asks the high court to rule .
The filing argues that those states used the coronavirus pandemic as an excuse to unlawfully change their election rules `` through executive fiat or friendly lawsuits , @ @ @ @ @ @ @ unusual lawsuit , which was filed directly to the Supreme Court , asserts that `` unlawful election results '' in Pennsylvania , Georgia , Wisconsin and Michigan — all of which Biden won — should be declared unconstitutional .
Texas ' Republican attorney general , Ken Paxton , on Tuesday announced a lawsuit in the U.S. Supreme Court to invalidate presidential election results in four key swing states that helped secure Democrat Joe Biden 's victory over President Donald Trump .
The Lone Star State 's attempt to discount other states ' electoral @ @ @ @ @ @ @ challenges with similar goals that have been brought in lower courts by Trump 's campaign and other attorneys .
Those lawsuits have repeatedly failed to invalidate ballots cast for Biden .
The claims in Texas ' lawsuit `` are false and irresponsible , '' Georgia 's deputy secretary of state , Jordan Fuchs , said in a fiery statement shortly after Paxton announced the legal action .
`` Texas alleges that there are 80,000 forged signatures on absentee ballots in Georgia , but they do n't bring forward a single person who this @ @ @ @ @ @ @ did n't happen , '' Fuchs ' statement said .
Michigan Attorney General Dana Nessel called the suit a `` publicity stunt '' and `` beneath the dignity '' of Paxton 's office .
Josh Kaul , the attorney general of Wisconsin , said in a statement the case was `` genuinely embarrassing . ''
Experts in election law were also quick to dismiss the likelihood of the nine Supreme Court justices taking the case .
Paul Smith , a professor at Georgetown University Law Center who has argued voting rights cases at @ @ @ @ @ @ @ was `` wacko . ''
`` There is a whole system in Pennsylvania and the other states for contesting the election — that 's all been done , '' said Smith , who also serves as vice president of litigation and strategy at the nonpartisan Campaign Legal Center .
`` I do n't think the Supreme Court will have interest in this . ''
The professor added that Texas could run into trouble in proving that it has grounds to sue , known in legal terms as `` standing . ''
`` It @ @ @ @ @ @ @ one state would , at the Supreme Court , claim that other states ' votes were cast in the wrong way — that 's never happened , '' he said .
`` What is the injury to the state of Texas because Pennsylvania 's votes were cast for Mr. Biden instead of Mr. Trump ?
There is no connection there . ''
Rick Hasen , an election law expert at the University of California , Irvine , wrote on his popular legal blog that the suit was `` utter garbage '' and also @ @ @ @ @ @ @ , noting that `` it has no say over how other states choose electors . ''
Paxton wrote in the brief that Texas has standing because of its interest in which party controls the Senate , which it says `` represents the States . ''
`` While Americans likely care more about who is elected President , the States have a distinct interest in who is elected Vice President and thus who can cast the tiebreaking vote in the Senate , '' he wrote .
`` This injury is particularly acute in 2020 @ @ @ @ @ @ @ hang on the Vice President 's tie-breaking vote because of the nearly equal—and , depending on the outcome of Georgia run-off elections in January , possibly equal — balance between political parties , '' Paxton added .
The lawsuit against the four states comes on a pivotal deadline in the election certification process , known as the `` safe harbor '' threshold , after which Congress is compelled to accept states ' certified results .
Six days later , electors in the Electoral College will cast their votes , finalizing Biden 's win @ @ @ @ @ @ @ Supreme Court to extend that Dec. 14 deadline `` to allow these investigations to be completed . ''
In most cases , the Supreme Court only hears cases from lower courts that have been appealed .
In cases between two or more states , however , the court has original jurisdiction .
It generally requires four justices to agree to hear a case .
The suit comes as Paxton faces an FBI criminal investigation related to alleged efforts to help a wealthy campaign donor .
The investigation was confirmed by The Associated Press @ @ @ @ @ @ @ office claimed to authorities in September that Paxton was guilty of abusing his office .
All seven have since been fired , put on leave or resigned , spurring a whistleblower lawsuit from several of them .
Paxton has denied wrongdoing .
The case is not the first over the election to reach the justices , though the court has yet to deliver a substantial ruling for either side .
In another suit the court could soon weigh in on , Republican U.S. Rep. Mike Kelly of Pennsylvania , a Trump ally , @ @ @ @ @ @ @ 's mail-in ballots , urging the court to nullify millions of votes .
Biden is projected to win 306 Electoral College votes — 36 more than needed to beat Trump , who is set to receive 232 such votes .
But Trump is refusing to concede to Biden .
The president , more than a month after Election Day , continues to falsely insist he won the race while spreading a wide array of unproven conspiracy theories that purport to show electoral or voter fraud .
The president is also pressuring swing-state officials @ @ @ @ @ @ @ of their elections .
Trump has heaped criticism on Georgia 's Republican governor , Brian Kemp , while angrily demanding that he call a special session of the Peach State 's legislature in order to appoint pro-Trump electors .
Trump has personally reached out to Kemp and Pennsylvania House Speaker Bryan Cutler , according to reporting from The Washington Post .
In November , Trump hosted Republican lawmakers in Michigan at the White House for a meeting .
Those lawmakers said after the event that they had no plans to replace Biden 's @ @ @ @ @ @ @ at the White House on Tuesday afternoon , Trump once again falsely claimed he won the race , adding , `` let 's see whether or not somebody has the courage , whether it 's a legislator or legislatures , or whether it 's a justice of the Supreme Court or a number of justices of the Supreme Court ... to do what everybody in this country knows is right . ''
Even before the election , Trump predicted that the Supreme Court would likely decide the results of the race , and @ @ @ @ @ @ @ Amy Coney Barrett to the bench in time for it to do so .
In recent weeks , however , as his legal challenges have floundered , Trump has acknowledged that he is unlikely to overturn the results of the 2020 election in court .
`` Well , the problem is , it 's hard to get into the Supreme Court , '' Trump told Fox News last month in his first full interview since his Nov. 3 defeat .
`` I 've got the best Supreme Court advocates , lawyers , that @ @ @ @ @ @ @ it gets there .
They said , 'It 's very hard to get a case up there , ' '' Trump added .
`` Can you imagine , Donald Trump , president of the United States , files a case , and I probably ca n't get a case . ''

Michigan Attorney General Dana Nessel called the suit a "publicity stunt" and "beneath the dignity" of Paxton's office. Josh Kaul, the attorney general of Wisconsin, said in a statement the case was "genuinely embarrassing."
"Texas alleges that there are 80,000 forged signatures on absentee ballots in Georgia, but they don't bring forward a single person who this happened to. That's because it didn't happen," Fuchs' statement said.
The claims in Texas' lawsuit "are false and irresponsible," Georgia's deputy secretary of state, Jordan Fuchs, said in a fiery statement shortly after Paxton announced the legal action.
The Lone Star State's attempt to discount other states' electoral votes follows a slew of long-shot legal challenges with similar goals that have been brought in lower courts by Trump's campaign and other attorneys. Those lawsuits have repeatedly failed to invalidate ballots cast for Biden.
"Any electoral college votes cast by such presidential electors appointed" in those states "cannot be counted," Texas asks the high court to rule.
The filing argues that those states used the coronavirus pandemic as an excuse to unlawfully change their election rules "through executive fiat or friendly lawsuits, thereby weakening ballot integrity."
The unusual lawsuit , which was filed directly to the Supreme Court, asserts that "unlawful election results" in Pennsylvania, Georgia, Wisconsin and Michigan — all of which Biden won — should be declared unconstitutional.
Texas' Republican attorney general, Ken Paxton, on Tuesday announced a lawsuit in the U.S. Supreme Court to invalidate presidential election results in four key swing states that helped secure Democrat Joe Biden 's victory over President Donald Trump .
Experts in election law were also quick to dismiss the likelihood of the nine Supreme Court justices taking the case. Paul Smith, a professor at Georgetown University Law Center who has argued voting rights cases at the Supreme Court, said the case was "wacko."
"There is a whole system in Pennsylvania and the other states for contesting the election — that's all been done," said Smith, who also serves as vice president of litigation and strategy at the nonpartisan Campaign Legal Center. "I don't think the Supreme Court will have interest in this."
The professor added that Texas could run into trouble in proving that it has grounds to sue, known in legal terms as "standing."
"It's totally unprecedented, the idea that one state would, at the Supreme Court, claim that other states' votes were cast in the wrong way — that's never happened," he said. "What is the injury to the state of Texas because Pennsylvania's votes were cast for Mr. Biden instead of Mr. Trump? There is no connection there."
Rick Hasen, an election law expert at the University of California, Irvine, wrote on his popular legal blog that the suit was "utter garbage" and also disputed the idea that Texas had standing, noting that "it has no say over how other states choose electors."
Paxton wrote in the brief that Texas has standing because of its interest in which party controls the Senate, which it says "represents the States."
"While Americans likely care more about who is elected President, the States have a distinct interest in who is elected Vice President and thus who can cast the tiebreaking vote in the Senate," he wrote.
"This injury is particularly acute in 2020, where a Senate majority often will hang on the Vice President's tie-breaking vote because of the nearly equal—and, depending on the outcome of Georgia run-off elections in January, possibly equal — balance between political parties," Paxton added.
The lawsuit against the four states comes on a pivotal deadline in the election certification process, known as the "safe harbor" threshold, after which Congress is compelled to accept states' certified results.
Six days later, electors in the Electoral College will cast their votes, finalizing Biden's win. The suit is also asking the Supreme Court to extend that Dec. 14 deadline "to allow these investigations to be completed."
In most cases, the Supreme Court only hears cases from lower courts that have been appealed. In cases between two or more states, however, the court has original jurisdiction. It generally requires four justices to agree to hear a case.
The suit comes as Paxton faces an FBI criminal investigation related to alleged efforts to help a wealthy campaign donor. The investigation was confirmed by The Associated Press after seven senior lawyers in Paxton's office claimed to authorities in September that Paxton was guilty of abusing his office.
All seven have since been fired, put on leave or resigned, spurring a whistleblower lawsuit from several of them. Paxton has denied wrongdoing.
The case is not the first over the election to reach the justices, though the court has yet to deliver a substantial ruling for either side. In another suit the court could soon weigh in on, Republican U.S. Rep. Mike Kelly of Pennsylvania, a Trump ally, is challenging virtually all of the state's mail-in ballots, urging the court to nullify millions of votes.
Biden is projected to win 306 Electoral College votes — 36 more than needed to beat Trump, who is set to receive 232 such votes.
But Trump is refusing to concede to Biden. The president, more than a month after Election Day, continues to falsely insist he won the race while spreading a wide array of unproven conspiracy theories that purport to show electoral or voter fraud.
The president is also pressuring swing-state officials to take action toward overturning the results of their elections. Trump has heaped criticism on Georgia's Republican governor, Brian Kemp, while angrily demanding that he call a special session of the Peach State's legislature in order to appoint pro-Trump electors.
Trump has personally reached out to Kemp and Pennsylvania House Speaker Bryan Cutler, according to reporting from The Washington Post. In November, Trump hosted Republican lawmakers in Michigan at the White House for a meeting. Those lawmakers said after the event that they had no plans to replace Biden's electors.
At a Covid vaccine summit at the White House on Tuesday afternoon, Trump once again falsely claimed he won the race, adding, "let's see whether or not somebody has the courage, whether it's a legislator or legislatures, or whether it's a justice of the Supreme Court or a number of justices of the Supreme Court ... to do what everybody in this country knows is right."
Even before the election, Trump predicted that the Supreme Court would likely decide the results of the race, and pressed the GOP-controlled Senate to confirm Justice Amy Coney Barrett to the bench in time for it to do so.
In recent weeks, however, as his legal challenges have floundered, Trump has acknowledged that he is unlikely to overturn the results of the 2020 election in court.
"Well, the problem is, it's hard to get into the Supreme Court," Trump told Fox News last month in his first full interview since his Nov. 3 defeat.
"I've got the best Supreme Court advocates, lawyers, that want to argue the case, if it gets there. They said, 'It's very hard to get a case up there,'" Trump added. "Can you imagine, Donald Trump, president of the United States, files a case, and I probably can't get a case."


cnbc--2020-12-08--Michigan, Arizona legislatures postpone work due to Covid diagnosis for Trump lawyer Rudy Giuliani

Former New York City Mayor Rudy Giuliani , personal attorney to U.S. President Donald Trump , speaks about the 2020 U.S. presidential election results during a news conference in Washington , November 19 , 2020 .
The legislatures of Arizona and Michigan said that they would postpone work as a result of a positive coronavirus test for President Donald Trump 's personal lawyer Rudy Giuliani , who appeared without a mask at information sessions hosted by Republican lawmakers from both states in the past week .
Arizona 's Senate and House on Sunday are closing for a week `` out @ @ @ @ @ @ @ cases and concerns relating to covid-19 , '' according to a letter sent to lawmakers .
In Michigan , state Speaker of the House Lee Chatfield said the House would be in session on Tuesday , `` but no voting will take place and attendance will not be taken . ''
`` Multiple representatives have requested time to receive results from recent COVID-19 tests before returning to session , out of an abundance of caution , '' Chatfield said in a statement .
The moves came in reaction to Trump 's announcement Sunday @ @ @ @ @ @ @ been leading the president 's last-ditch , long-shot efforts to reverse Joe Biden 's win in the presidential race , had tested positive for the coronavirus .
The former New York City mayor and top federal prosecutor on Monday was at MedStar Georgetown University Hospital in Washington , D.C. , with mild symptoms , according to a source who spoke to NBC News .
Giuliani had appeared , without a mask and without observing social distancing guidelines , at events hosted by GOP lawmakers in Arizona and Michigan in the days before his @ @ @ @ @ @ @ and others promoted baseless claims of fraud , which they alleged swindled Trump out of electoral victories in Arizona and Michigan , as well as in other states that Biden won .
In a statement issued Sunday night , the Trump campaign said , `` Mayor Giuliani tested negative twice immediately preceding his trip to Arizona , Michigan , and Georgia . ''
`` The Mayor did not experience any symptoms or test positive for COVID-19 until more than 48 hours after his return , '' the campaign said .
No legislators in @ @ @ @ @ @ @ are on the contact tracing list , under current CDC [ Centers for Disease Control and Prevention ] Guidelines . ''
`` Other team members who are defined as having had close contact will be following their physicians ' directives and CDC guidelines on self-isolation and testing . ''
Trump during a White House event on Monday told reporters that `` Rudy 's doing well . ''
`` I just spoke to him .
No temperature .
He actually called me early this morning .
It was the first call I got , @ @ @ @ @ @ @ was hospitalized after testing positive for Covid-19 .
Giuliani 's son , Andrew , who is a special assistant to Trump , tested positive for Covid-19 on Nov. 20 , a day after attending a crowded press conference in Washington led by his father and Jenna Ellis , a senior legal advisor to the Trump campaign .
Neither the elder Giuliani , nor Ellis or another campaign legal advisor , Boris Epshteyn , wore masks or socially distanced during that press conference .
Epshteyn tested positive for coronavirus six days after the press @ @ @ @ @ @ @ the Trump campaign challenge effort after the original boss , David Bossie , tested positive for Covid-19 .
All of the campaign 's legal efforts and those of Trump allies have failed to invalidate any votes for Biden , who is projected to win 306 votes in the Electoral College when it meets Dec. 14 .
To win the presidency , a candidate needs at least 270 electoral votes .

Former New York City Mayor Rudy Giuliani, personal attorney to U.S. President Donald Trump, speaks about the 2020 U.S. presidential election results during a news conference in Washington, November 19, 2020.
The legislatures of Arizona and Michigan said that they would postpone work as a result of a positive coronavirus test for President Donald Trump's personal lawyer Rudy Giuliani, who appeared without a mask at information sessions hosted by Republican lawmakers from both states in the past week.
Arizona's Senate and House on Sunday are closing for a week "out of an abundance of caution for recent cases and concerns relating to covid-19," according to a letter sent to lawmakers.
In Michigan, state Speaker of the House Lee Chatfield said the House would be in session on Tuesday, "but no voting will take place and attendance will not be taken."
"Multiple representatives have requested time to receive results from recent COVID-19 tests before returning to session, out of an abundance of caution," Chatfield said in a statement.
The moves came in reaction to Trump's announcement Sunday on Twitter that Giuliani, who had been leading the president's last-ditch, long-shot efforts to reverse Joe Biden's win in the presidential race, had tested positive for the coronavirus.
The former New York City mayor and top federal prosecutor on Monday was at MedStar Georgetown University Hospital in Washington, D.C., with mild symptoms, according to a source who spoke to NBC News.
Giuliani had appeared, without a mask and without observing social distancing guidelines, at events hosted by GOP lawmakers in Arizona and Michigan in the days before his diagnosis.
At those events, Giuliani and others promoted baseless claims of fraud, which they alleged swindled Trump out of electoral victories in Arizona and Michigan, as well as in other states that Biden won.
In a statement issued Sunday night, the Trump campaign said, "Mayor Giuliani tested negative twice immediately preceding his trip to Arizona, Michigan, and Georgia."
"The Mayor did not experience any symptoms or test positive for COVID-19 until more than 48 hours after his return," the campaign said. No legislators in any state or members of the press are on the contact tracing list, under current CDC [Centers for Disease Control and Prevention] Guidelines."
"Other team members who are defined as having had close contact will be following their physicians' directives and CDC guidelines on self-isolation and testing."
Trump during a White House event on Monday told reporters that "Rudy's doing well."
"I just spoke to him. No temperature. He actually called me early this morning. It was the first call I got," said Trump, who in October was hospitalized after testing positive for Covid-19.
Giuliani's son, Andrew, who is a special assistant to Trump, tested positive for Covid-19 on Nov. 20, a day after attending a crowded press conference in Washington led by his father and Jenna Ellis, a senior legal advisor to the Trump campaign.
Neither the elder Giuliani, nor Ellis or another campaign legal advisor, Boris Epshteyn, wore masks or socially distanced during that press conference. Epshteyn tested positive for coronavirus six days after the press conference.
Giuliani had assumed leadership of the Trump campaign challenge effort after the original boss, David Bossie, tested positive for Covid-19.
All of the campaign's legal efforts and those of Trump allies have failed to invalidate any votes for Biden, who is projected to win 306 votes in the Electoral College when it meets Dec. 14.
To win the presidency, a candidate needs at least 270 electoral votes.


cnbc--2020-12-08--Trump to sign 'America First' executive order on Covid-19 vaccines Tuesday

President Donald Trump is expected to sign an executive order on Tuesday designed to ensure that U.S. efforts to assist other countries in vaccinating their populations against Covid-19 take on a lower priority than domestic inoculations .
In a call with reporters Monday afternoon , a senior administration official described the order as primarily a `` reaffirmation of the president 's commitment to America First . ''
Additionally , the order directs a handful of government agencies , including the State Department and the United States Agency for International Development , to work together to help international partners and allies @ @ @ @ @ @ @ .
CNBC has not reviewed the proposed text of the executive order , which could prove to be largely symbolic .
The plans for the executive order were earlier reported by Fox News .
An administration official told NBC News on Monday that the timeline for providing foreign assistance will be shaped by supply and demand but is anticipated to begin in the second quarter .
President-elect Joe Biden will take office on Jan. 20 and is likely to shape his own policy for obtaining and distributing Covid-19 vaccines , possibly limiting the @ @ @ @ @ @ @ is expected to sign the order after delivering remarks at the start of a Covid-19 summit at the White House on Tuesday , a senior administration official said on Monday 's call .
The event will feature talks with administration officials and drug distributors , who will discuss the process of reviewing vaccine candidates and distributing them , the official said .
Trump has largely ignored the growing coronavirus crisis in recent weeks despite a surge in infections and a mounting death toll that has surpassed 2,000 fatalities per day , instead focusing @ @ @ @ @ @ @ of November 's presidential election .
Nonetheless , the signing will come at a particularly critical phase of vaccine development .
Trump will sign the order just days before the Food and Drug Administration meets , on Thursday , to review a promising vaccine made by Pfizer and German drugmaker BioNTech .
That vaccine may be authorized for use as soon as the end of this week .
The FDA will meet to discuss another candidate , made by Moderna , on Dec. 17 .
While some particularly vulnerable Americans could be vaccinated @ @ @ @ @ @ @ officials are warning that it will take months for everyone who wants a vaccine to receive one .
Health and Human Services Secretary Alex Azar predicted on Sunday that vaccines are not likely to be available to everyone who requests one until the second quarter .
The Trump administration signed a deal over the summer to purchase 100 million doses of Pfizer 's vaccine if it worked , enough to supply 50 million Americans .
On Monday afternoon , The New York Times reported that the administration declined an offer from Pfizer at @ @ @ @ @ @ @ Times , citing unnamed people familiar with the matter , reported that the company may now be limited in how much vaccine it can supply as a result of its commitments to other countries and may not be able to provide additional vaccine to the U.S. until June .
A spokesperson for the HHS , pressed by the Times about whether the government missed an opportunity to purchase more of Pfizer 's vaccine , said , `` We are confident that we will have 100 million doses of Pfizer 's vaccine as agreed @ @ @ @ @ @ @ that , we have five other vaccine candidates . ''
A spokesperson for Pfizer told the Times that `` the company is not able to comment on any confidential discussions that may be taking place with the U.S .
government . ''
The White House and the HHS did not immediately provide details of the executive order .
Pfizer and BioNTech did not reply to emails seeking comment .

President Donald Trump is expected to sign an executive order on Tuesday designed to ensure that U.S. efforts to assist other countries in vaccinating their populations against Covid-19 take on a lower priority than domestic inoculations.
In a call with reporters Monday afternoon, a senior administration official described the order as primarily a "reaffirmation of the president's commitment to America First." Additionally, the order directs a handful of government agencies, including the State Department and the United States Agency for International Development, to work together to help international partners and allies procure Covid vaccines, the official said.
CNBC has not reviewed the proposed text of the executive order, which could prove to be largely symbolic. The plans for the executive order were earlier reported by Fox News.
An administration official told NBC News on Monday that the timeline for providing foreign assistance will be shaped by supply and demand but is anticipated to begin in the second quarter. President-elect Joe Biden will take office on Jan. 20 and is likely to shape his own policy for obtaining and distributing Covid-19 vaccines, possibly limiting the impact of Trump's order.
Trump is expected to sign the order after delivering remarks at the start of a Covid-19 summit at the White House on Tuesday, a senior administration official said on Monday's call. The event will feature talks with administration officials and drug distributors, who will discuss the process of reviewing vaccine candidates and distributing them, the official said.
Trump has largely ignored the growing coronavirus crisis in recent weeks despite a surge in infections and a mounting death toll that has surpassed 2,000 fatalities per day, instead focusing on legal efforts to overturn the results of November's presidential election.
Nonetheless, the signing will come at a particularly critical phase of vaccine development.
Trump will sign the order just days before the Food and Drug Administration meets, on Thursday, to review a promising vaccine made by Pfizer and German drugmaker BioNTech.
That vaccine may be authorized for use as soon as the end of this week. The FDA will meet to discuss another candidate, made by Moderna, on Dec. 17.
While some particularly vulnerable Americans could be vaccinated shortly after the vaccines are approved, officials are warning that it will take months for everyone who wants a vaccine to receive one.
Health and Human Services Secretary Alex Azar predicted on Sunday that vaccines are not likely to be available to everyone who requests one until the second quarter.
The Trump administration signed a deal over the summer to purchase 100 million doses of Pfizer's vaccine if it worked, enough to supply 50 million Americans.
On Monday afternoon, The New York Times reported that the administration declined an offer from Pfizer at the time for additional doses.
The Times, citing unnamed people familiar with the matter, reported that the company may now be limited in how much vaccine it can supply as a result of its commitments to other countries and may not be able to provide additional vaccine to the U.S. until June.
A spokesperson for the HHS, pressed by the Times about whether the government missed an opportunity to purchase more of Pfizer's vaccine, said, "We are confident that we will have 100 million doses of Pfizer's vaccine as agreed to in our contract, and beyond that, we have five other vaccine candidates."
A spokesperson for Pfizer told the Times that "the company is not able to comment on any confidential discussions that may be taking place with the U.S. government."
The White House and the HHS did not immediately provide details of the executive order. Pfizer and BioNTech did not reply to emails seeking comment.


cnbc--2020-12-09--Supreme Court rejects Republicans push to overturn Biden win in Pennsylvania


cnbc--2020-12-09--Sens. Warren, Smith tell Azar they discovered 'significant gaps' in Covid testing

Senator Elizabeth Warren , a Democrat from Massachusetts , wears a protective mask while speaking to a member of the media at the U.S. Capitol in Washington , D.C. , U.S. , on Wednesday , Dec. 2 , 2020 .
Sens .
Elizabeth Warren , D-Mass.
, and Tina Smith , D-Minn. , have informed the secretary of Health and Human Services they have discovered `` significant gaps in COVID-19 testing capacity . ''
In a letter this week to HHS chief Alex Azar , Warren and Smith said they made the discovery after contacting five of the worlds largest @ @ @ @ @ @ @ , ARUP Labs , LabCorp.
, and Mayo Clinic .
They said the labs informed them that they experienced a `` large spike in COVID-19 diagnostic testing needs '' during the summer surge .
The letter said the labs are also developing additional testing capacities but are still short on supplies and are experiencing `` confusion about payment and reimbursement for COVID-19 diagnostic testing as a result of Congressional and Administration inaction . ''
Warren and Smith said the lab companies `` called on Congress and the Administration to clarify when third party @ @ @ @ @ @ @ responsible parties should provide reimbursement for various types of COVID-19 testing , including for diagnostic , screening , or surveillance purposes . ''
The labs also requested more federal funding for additional testing .
`` Our testing program has been incredible , and we actually are also coming out with new tests very shortly that will make the process even easier .
And you wo n't need doctors necessarily to do the test , so we have some incredible tests coming out in a very short period of time , '' Trump boasted @ @ @ @ @ @ @ he signed an executive order to ensure Americans have priority to vaccines .
The coronavirus has killed more than 280,000 people in the United States , according to data from Johns Hopkins University .
The letter also touched on a separate probe into the availability of coronavirus pediatric testing .
They previously sent letters to some of the largest retail testing providers and the National Community Pharmacists Association to `` ask for information about their policies regarding pediatric testing and their plans to expand testing to more age groups , '' Warren and @ @ @ @ @ @ @ , Kroger , Rite Aid , Walgreens , Walmart and the National Community Pharmacists Association .
Warren and Smith , acknowledged that pediatric testing is becoming more widely available but `` most retail providers are not offering testing for young children . ''
The senators provided Azar with possible solutions , including invoking the Defense Production Act and clarifying rules on payments .
Trump also said he would use the Defense Production Act if he needed to prioritize the vaccines , but that he did n't think he would need it .

Senator Elizabeth Warren, a Democrat from Massachusetts, wears a protective mask while speaking to a member of the media at the U.S. Capitol in Washington, D.C., U.S., on Wednesday, Dec. 2, 2020.
Sens. Elizabeth Warren, D-Mass., and Tina Smith, D-Minn., have informed the secretary of Health and Human Services they have discovered "significant gaps in COVID-19 testing capacity."
In a letter this week to HHS chief Alex Azar, Warren and Smith said they made the discovery after contacting five of the worlds largest Covid testing labs: Quest, BioReference, ARUP Labs, LabCorp., and Mayo Clinic.
They said the labs informed them that they experienced a "large spike in COVID-19 diagnostic testing needs" during the summer surge. The letter said the labs are also developing additional testing capacities but are still short on supplies and are experiencing "confusion about payment and reimbursement for COVID-19 diagnostic testing as a result of Congressional and Administration inaction."
Warren and Smith said the lab companies "called on Congress and the Administration to clarify when third party payers, the government, or other responsible parties should provide reimbursement for various types of COVID-19 testing, including for diagnostic, screening, or surveillance purposes."
The labs also requested more federal funding for additional testing.
President Donald Trump has defended his administration's testing program.
"Our testing program has been incredible, and we actually are also coming out with new tests very shortly that will make the process even easier. And you won't need doctors necessarily to do the test, so we have some incredible tests coming out in a very short period of time," Trump boasted Tuesday at a White House event where he signed an executive order to ensure Americans have priority to vaccines.
The coronavirus has killed more than 280,000 people in the United States, according to data from Johns Hopkins University.
The letter also touched on a separate probe into the availability of coronavirus pediatric testing. They previously sent letters to some of the largest retail testing providers and the National Community Pharmacists Association to "ask for information about their policies regarding pediatric testing and their plans to expand testing to more age groups," Warren and Smith told Azar. They contacted CVS, Kroger, Rite Aid, Walgreens, Walmart and the National Community Pharmacists Association.
Warren and Smith, acknowledged that pediatric testing is becoming more widely available but "most retail providers are not offering testing for young children."
The senators provided Azar with possible solutions, including invoking the Defense Production Act and clarifying rules on payments.
Trump also said he would use the Defense Production Act if he needed to prioritize the vaccines, but that he didn't think he would need it.