cnbc--2020-12-09--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

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 do n't bring forward a single person who this happened to .
That 's because it did n't happen , '' Fuchs ' statement said .
The claims in Texas ' lawsuit `` are false and irresponsible , @ @ @ @ @ @ @ , 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 `` can not be counted , '' Texas asks the high @ @ @ @ @ @ @ 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 @ @ @ @ @ @ @ 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 @ @ @ @ @ @ @ 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 '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 @ @ @ @ @ @ @ '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 , @ @ @ @ @ @ @ . ''
`` 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 @ @ @ @ @ @ @ 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 .
@ @ @ @ @ @ @ , 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 @ @ @ @ @ @ @ 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 @ @ @ @ @ @ @ 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 @ @ @ @ @ @ @ 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 @ @ @ @ @ @ @ '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 @ @ @ @ @ @ @ 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 @ @ @ @ @ @ @ 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--2020-12-10--Op-ed: The data is clear – the Paycheck Protection Program is a success

The Paycheck Protection Program is the single largest federal fiscal policy program enacted in recent history .
It has also been the single most effective relief program passed by Congress .
We know this not just from the overwhelming anecdotal evidence from small business owners , but from the actual data that will soon be available in a report from the Senate Small Business Committee .
Enacted nine months ago in the face of sweeping public health lockdowns that stymied economic activity , the program gave small businesses and their employees a fighting chance to survive the coronavirus pandemic .
@ @ @ @ @ @ @ owners across the nation who said the PPP was a life-raft to navigate the pandemic 's tumultuous waters..
It 's also clear from the statistics .
In May , economists expected the economy to lose upwards of 8.3 million jobs and unemployment to reach levels unseen since the Great Depression .
Instead , with more than $ 500 billion in PPP loans injected into small businesses across the nation during April and May , our economy added a record 2.5 million jobs -- all amid a pandemic .
Small and medium-sized businesses are @ @ @ @ @ @ @ accounting for significantly higher proportions of gross domestic product and workers employed than other OECD countries .
In fact , the GDP our small and mid-sized businesses generate is roughly equivalent to the entire economies of countries like Saudi Arabia and Switzerland .
Across the United States , the PPP helped support up to 55 million jobs , including up to 4.5 million in manufacturing , with an average firm size of just 20 employees .
Even before the pandemic , manufacturing was experiencing a widening skills gap .
An inability to retain @ @ @ @ @ @ @ exacerbated that gap and further degraded American global competitiveness .
The PPP acted as an emergency brake on further decline .
Despite cynical attacks , the program 's benefits swept across businesses in every industry and corner of our nation .
And while many in the media and cynical politicians have tried to make a claim of massive fraud , the evidence appears to point otherwise .
As Chairman of the House Select Committee on the Coronavirus Crisis Jim Clyburn , a Democrat , found this September , the PPP fraud rate of @ @ @ @ @ @ @ for the private mortgage market and other CARES Act programs .
And thanks to the work of mission-oriented lenders and community development financial institutions , minority-owned small businesses – long among the most vulnerable to exogenous shocks – benefited especially .
Black and Hispanic-owned firms account for 7.8 % of all small businesses in America , but they received 10.6 % of total PPP loans distributed , resulting in 10 % of the total jobs retained .
Until March , the government had no mechanism to support these small businesses – many staples @ @ @ @ @ @ @ them to lay off employees , who would then have to collect unemployment insurance , or perhaps directing them to apply for a loan that would only serve to increase their debt burden as revenues collapsed .
Given the unprecedented challenge at hand , those options were unacceptable .
American ideals of innovation , productivity , community and ownership are too great to sacrifice .
From manufacturing and construction to retail and food services , the PPP provided a lifeline to the hardest hit small businesses and their employees , laying a foundation @ @ @ @ @ @ @ expired , we were seeing reasons to be hopeful .
`` It speaks volumes ... that one of the most pressing criticisms of the PPP was that it only allowed for businesses to receive one loan , '' economist Doug Holtz-Eakin will note in testimony before my committee .
`` How significant can all other criticisms of the PPP be if its biggest flaw is preventing businesses from accessing it again ? ''
As we enter the second wave of public health lockdowns , we need to allow these small businesses to draw @ @ @ @ @ @ @ for a second round would provide them and their employees with much needed certainty through the winter and – for those who have not already faced closure due to Democrats ' feet-dragging – the ability to keep their doors open .
Sen. Marco Rubio , R-Fla. , is the author of the Paycheck Protection Program and the Chairman of the Senate Committee on Small Business and Entrepreneurship

The Paycheck Protection Program is the single largest federal fiscal policy program enacted in recent history. It has also been the single most effective relief program passed by Congress.
We know this not just from the overwhelming anecdotal evidence from small business owners, but from the actual data that will soon be available in a report from the Senate Small Business Committee.
Enacted nine months ago in the face of sweeping public health lockdowns that stymied economic activity, the program gave small businesses and their employees a fighting chance to survive the coronavirus pandemic.
I've heard firsthand from small business owners across the nation who said the PPP was a life-raft to navigate the pandemic's tumultuous waters.
It's also clear from the statistics.
In May, economists expected the economy to lose upwards of 8.3 million jobs and unemployment to reach levels unseen since the Great Depression. Instead, with more than $500 billion in PPP loans injected into small businesses across the nation during April and May, our economy added a record 2.5 million jobs -- all amid a pandemic.
Small and medium-sized businesses are uniquely important to the American economy, accounting for significantly higher proportions of gross domestic product and workers employed than other OECD countries. In fact, the GDP our small and mid-sized businesses generate is roughly equivalent to the entire economies of countries like Saudi Arabia and Switzerland.
Across the United States, the PPP helped support up to 55 million jobs, including up to 4.5 million in manufacturing, with an average firm size of just 20 employees. Even before the pandemic, manufacturing was experiencing a widening skills gap. An inability to retain skilled employees through the downturn would have exacerbated that gap and further degraded American global competitiveness.
The PPP acted as an emergency brake on further decline. Despite cynical attacks, the program's benefits swept across businesses in every industry and corner of our nation. And while many in the media and cynical politicians have tried to make a claim of massive fraud, the evidence appears to point otherwise.
As Chairman of the House Select Committee on the Coronavirus Crisis Jim Clyburn, a Democrat, found this September, the PPP fraud rate of 0.76% is actually lower than estimates for the private mortgage market and other CARES Act programs.
And thanks to the work of mission-oriented lenders and community development financial institutions, minority-owned small businesses – long among the most vulnerable to exogenous shocks – benefited especially. Black and Hispanic-owned firms account for 7.8% of all small businesses in America, but they received 10.6% of total PPP loans distributed, resulting in 10% of the total jobs retained.
Until March, the government had no mechanism to support these small businesses – many staples of their communities – aside from telling them to lay off employees, who would then have to collect unemployment insurance, or perhaps directing them to apply for a loan that would only serve to increase their debt burden as revenues collapsed.
Given the unprecedented challenge at hand, those options were unacceptable. American ideals of innovation, productivity, community and ownership are too great to sacrifice.
From manufacturing and construction to retail and food services, the PPP provided a lifeline to the hardest hit small businesses and their employees, laying a foundation for growth going forward. Before PPP expired, we were seeing reasons to be hopeful.
"It speaks volumes... that one of the most pressing criticisms of the PPP was that it only allowed for businesses to receive one loan," economist Doug Holtz-Eakin will note in testimony before my committee. "How significant can all other criticisms of the PPP be if its biggest flaw is preventing businesses from accessing it again?"
As we enter the second wave of public health lockdowns, we need to allow these small businesses to draw an additional PPP loan. My proposal for a second round would provide them and their employees with much needed certainty through the winter and – for those who have not already faced closure due to Democrats' feet-dragging – the ability to keep their doors open.
Sen. Marco Rubio, R-Fla., is the author of the Paycheck Protection Program and the Chairman of the Senate Committee on Small Business and Entrepreneurship


cnbc--2020-12-10--McConnell rejects bipartisan Covid relief plan while House adjourns until next week

Few signs of progress toward a coronavirus relief deal emerged Thursday as Congress inches closer to letting millions of Americans fall deeper into financial peril .
They will have to wait longer for Washington to figure out how to help them .
After votes Thursday , House Majority Leader Steny Hoyer , D-Md.
, told representatives the chamber would adjourn until at least Tuesday pending an agreement on pandemic aid and full-year government funding .
The House 's move to end work for the week came as Senate Majority Leader Mitch McConnell 's staff informed congressional leadership offices that Senate @ @ @ @ @ @ @ 908 billion bipartisan proposal , according to NBC News .
Politico first reported the Kentucky Republican 's plan to brush aside the plan , which members of his caucus have helped to craft .
Congressional leaders continue to stress the importance of approving a rescue package in the coming days to prevent about 12 million Americans from losing unemployment benefits and stop families across the country from getting tossed out of their homes .
Despite a flurry of activity to try to reach a deal , lawmakers still have not resolved disputes that @ @ @ @ @ @ @ to a once-in-a-century health and economic crisis .
It remains unclear what kind of package could garner the support of both the GOP-controlled Senate and Democratic-held House .
On Thursday , Democrats again endorsed the bipartisan talks .
Those discussions , however , still have not yielded legislation as lawmakers finalize provisions related to state and local government relief and GOP-backed legal immunity for businesses .
NBC News reported that the group agreed Thursday afternoon on how to distribute $ 160 billion in state and local funds , but has not resolved questions @ @ @ @ @ @ @ Senate floor Thursday , Minority Leader Chuck Schumer , D-N.Y. , described the bipartisan negotiations as `` the only real game in town '' to craft a bill that could get through a divided Congress .
He contended McConnell has tried to trip up those talks in favor of a plan that includes only policies Republicans support .
McConnell targeted Democrats on Thursday for what he called efforts to delay new relief .
He has backed more narrow legislation of about $ 500 billion , which would be based around Paycheck Protection Program @ @ @ @ @ @ @ include additional federal unemployment benefits or direct payments .
McConnell offered this week to drop liability protections and state and local aid from talks .
Democrats rejected the trade-off due to worries that states or cities will have to lay off first responders and teachers without more federal help .
Schumer and House Speaker Nancy Pelosi , D-Calif. , also shot down a $ 916 billion offer from the Trump administration because it did not include a federal jobless benefit supplement .
McConnell on Thursday said he hopes `` our colleagues let Congress @ @ @ @ @ @ @ A lot of Americans simply ca n't afford to wait , '' he said .
The bickering on Capitol Hill over how much money to send to desperate Americans followed more troubling economic news .
Initial jobless claims jumped to 853,000 last week , the highest since September .
About 19 million people are still receiving some form of unemployment benefits as millions of people line up at food banks around the country .
The increase in people seeking jobless aid follows new state and city economic restrictions designed to slow the spread @ @ @ @ @ @ @ unprecedented rate .
The U.S. recorded 3,124 new Covid-19 deaths on Wednesday in the deadliest single day of the pandemic in America .
Pelosi , flanked Thursday by a poster highlighting that the roughly 290,000 American fatalities from Covid-19 have nearly surpassed U.S. combat deaths in World War II , backed the developing bipartisan relief plan as an `` emergency '' bridge to the Biden administration and vaccine deployment .
`` We can not leave here without having a piece of legislation , '' both to send pandemic aid and fund the government @ @ @ @ @ @ @ has passed a one-week federal spending extension to avoid a shutdown through Dec. 18 , and the Senate is set to approve it as soon as Thursday .
Lawmakers hope to buy more time to reach agreement on a pandemic rescue plan and government funding .
Pelosi reiterated that she hopes to package both measures into one piece of legislation .
She suggested Congress could stick around longer if it fails to strike a deal by the 18th .
`` We 've been here after Christmas , you know , '' she said @ @ @ @ @ @ @ Kevin McCarthy , R-Calif. , told CNBC that he thinks Congress can reach a deal by next week .
`` It will have been late , '' he added .
Mnuchin briefed both McCarthy and McConnell on the White House 's latest relief plan before he presented it to Pelosi this week .
It would include both liability protections for businesses and state and local support .
The proposal would temporarily extend pandemic programs expanding eligibility for unemployment insurance , which expire at the end of the month .

Senate Majority Leader Mitch McConnell, a Republican from Kentucky, center, wears a protective mask while returning to his office at the U.S. Capitol in Washington, D.C., on Thursday, Dec. 10, 2020. Al Drago | Bloomberg | Getty Images
Few signs of progress toward a coronavirus relief deal emerged Thursday as Congress inches closer to letting millions of Americans fall deeper into financial peril. They will have to wait longer for Washington to figure out how to help them. After votes Thursday, House Majority Leader Steny Hoyer, D-Md., told representatives the chamber would adjourn until at least Tuesday pending an agreement on pandemic aid and full-year government funding. The House's move to end work for the week came as Senate Majority Leader Mitch McConnell's staff informed congressional leadership offices that Senate Republicans likely would not support a $908 billion bipartisan proposal, according to NBC News. Politico first reported the Kentucky Republican's plan to brush aside the plan, which members of his caucus have helped to craft.
watch now
Congressional leaders continue to stress the importance of approving a rescue package in the coming days to prevent about 12 million Americans from losing unemployment benefits and stop families across the country from getting tossed out of their homes. Despite a flurry of activity to try to reach a deal, lawmakers still have not resolved disputes that have driven months of failure to respond to a once-in-a-century health and economic crisis. It remains unclear what kind of package could garner the support of both the GOP-controlled Senate and Democratic-held House. On Thursday, Democrats again endorsed the bipartisan talks. Those discussions, however, still have not yielded legislation as lawmakers finalize provisions related to state and local government relief and GOP-backed legal immunity for businesses. NBC News reported that the group agreed Thursday afternoon on how to distribute $160 billion in state and local funds, but has not resolved questions about legal immunity. Speaking on the Senate floor Thursday, Minority Leader Chuck Schumer, D-N.Y., described the bipartisan negotiations as "the only real game in town" to craft a bill that could get through a divided Congress. He contended McConnell has tried to trip up those talks in favor of a plan that includes only policies Republicans support.
watch now
McConnell targeted Democrats on Thursday for what he called efforts to delay new relief. He has backed more narrow legislation of about $500 billion, which would be based around Paycheck Protection Program small business loans. It would not include additional federal unemployment benefits or direct payments. McConnell offered this week to drop liability protections and state and local aid from talks. Democrats rejected the trade-off due to worries that states or cities will have to lay off first responders and teachers without more federal help. Schumer and House Speaker Nancy Pelosi, D-Calif., also shot down a $916 billion offer from the Trump administration because it did not include a federal jobless benefit supplement. McConnell on Thursday said he hopes "our colleagues let Congress deliver more help soon." "A lot of Americans simply can't afford to wait," he said.
watch now
The bickering on Capitol Hill over how much money to send to desperate Americans followed more troubling economic news. Initial jobless claims jumped to 853,000 last week, the highest since September. About 19 million people are still receiving some form of unemployment benefits as millions of people line up at food banks around the country. The increase in people seeking jobless aid follows new state and city economic restrictions designed to slow the spread of a virus killing Americans at an unprecedented rate. The U.S. recorded 3,124 new Covid-19 deaths on Wednesday in the deadliest single day of the pandemic in America.
U.S. House Speaker Nancy Pelosi (D-CA) speaks during a news conference on Capitol Hill, in Washington, U.S., December 10, 2020. Erin Scott | Reuters
Pelosi, flanked Thursday by a poster highlighting that the roughly 290,000 American fatalities from Covid-19 have nearly surpassed U.S. combat deaths in World War II, backed the developing bipartisan relief plan as an "emergency" bridge to the Biden administration and vaccine deployment. "We cannot leave here without having a piece of legislation," both to send pandemic aid and fund the government, she told reporters. The House has passed a one-week federal spending extension to avoid a shutdown through Dec. 18, and the Senate is set to approve it as soon as Thursday. Lawmakers hope to buy more time to reach agreement on a pandemic rescue plan and government funding. Pelosi reiterated that she hopes to package both measures into one piece of legislation. She suggested Congress could stick around longer if it fails to strike a deal by the 18th. "We've been here after Christmas, you know," she said. Earlier Thursday, House Minority Leader Kevin McCarthy, R-Calif., told CNBC that he thinks Congress can reach a deal by next week. "It will have been late," he added. Mnuchin briefed both McCarthy and McConnell on the White House's latest relief plan before he presented it to Pelosi this week. It would include both liability protections for businesses and state and local support. The proposal would temporarily extend pandemic programs expanding eligibility for unemployment insurance, which expire at the end of the month.
watch now


cnbc--2020-12-10--Battleground states urge Supreme Court to reject Texas' bid to overturn Biden's wins

U.S. President Donald Trump gestures after delivering a speech at a Double Eagle Energy Holdings LLC oil rig in Midland , Texas , on Wednesday , July 29 , 2020 .
The battleground states whose presidential election results are being challenged by Texas at the Supreme Court urged the justices on Thursday not to take up the case .
The four states targeted in the lawsuit warned in uncharacteristically sharp briefs that granting Texas ' unprecedented request would `` do violence to the Constitution '' and `` disenfranchise millions '' of voters .
Those states — Pennsylvania , Michigan , @ @ @ @ @ @ @ their election results , with Democrat Joe Biden defeating President Donald Trump .
Nearly simultaneously , Washington , D.C. , Attorney General Karl Racine filed a brief at the court on behalf of the District of Columbia and 22 states and territories defending the four states targeted by Texas .
That friend-of-the-court brief was joined by California , Colorado , Connecticut , Delaware , Guam , Hawaii , Illinois , Maine , Maryland , Massachusetts , Minnesota , Nevada , New Jersey , New Mexico , New York , North Carolina , Oregon @ @ @ @ @ @ @ , U.S. Virgin Islands , and Washington .
The flurry of major briefs related to the case — including Trump 's own request to intervene — demonstrated the dramatic and lingering polarization of the U.S. just weeks after one of the most contentious elections in memory .
Pennsylvania in its brief called Texas Attorney General Ken Paxton 's long-shot bid to overturn other states ' elections `` legally indefensible '' and `` an affront to principles of constitutional democracy . ''
`` Texas seeks to invalidate elections in four states for yielding results @ @ @ @ @ @ @ 's scathing brief read .
Dana Nessel , the attorney general of Michigan , told the court in her state 's brief to reject Texas ' case outright .
`` To do otherwise would make this Court the arbiter of all future national elections , '' Nessel wrote .
`` The base of Texas 's claims rests on an assertion that Michigan has violated its own election laws .
Not true , '' Nessel added .
`` That claim has been rejected in the federal and state courts in Michigan , and just @ @ @ @ @ @ @ last-ditch effort to request an audit . ''
Christopher Carr , the attorney general of Georgia , told the court that Texas was seeking to `` transfer Georgia 's electoral powers to the federal judiciary . ''
`` Respect for federalism and the constitutional design prohibits that transfer of power , but this Court should never even reach that issue , '' he wrote .
The replies came one day after Trump asked the high court to let him intervene in the case .
The president , who is refusing to concede to @ @ @ @ @ @ @ as `` the big one '' — but election law experts say there 's little if any chance the court will allow it to proceed .
So far , the justices have not taken any action in the case .
Despite Trump 's frequent pleas , the court has not shown an eagerness to get involved in any litigation related to the presidential election .
For instance , the justices have not yet said whether they will hear a GOP challenge to absentee ballots received after Election Day in Pennsylvania .
On Tuesday @ @ @ @ @ @ @ a Trump ally seeking to overturn the results in that state in a one-line order with no noted dissents .
Still , Paxton 's case has fueled hopes among Trump 's supporters who are desperate for a sweeping court order to cancel Biden 's projected victory .
Large swaths of voters are convinced by the president 's repeated claims , unproven and frequently debunked , that widespread electoral fraud tipped the election to Biden .
Seventeen states that Trump won in the popular vote further fueled those views Wednesday , when they filed @ @ @ @ @ @ @ support of Texas ' case .
On Thursday afternoon , 106 Republican members of Congress , led by Rep. Mike Johnson , R-La.
, signed their own brief supporting the suit from Paxton .
That brief was authored by Phillip Jauregui , an attorney at the Judicial Action Group , which says on its website that it works for `` judicial renewal '' and calls for `` a Third Great Awakening . ''
Trump and his campaign legal team have filed dozens of lawsuits in lower courts seeking to void election results and @ @ @ @ @ @ @ Many of those cases have already been dismissed — but Trump is still pursuing legal challenges in key states , even with less than a week remaining before electors meet to cast their votes .

U.S. President Donald Trump gestures after delivering a speech at a Double Eagle Energy Holdings LLC oil rig in Midland, Texas, on Wednesday, July 29, 2020.
The battleground states whose presidential election results are being challenged by Texas at the Supreme Court urged the justices on Thursday not to take up the case.
The four states targeted in the lawsuit warned in uncharacteristically sharp briefs that granting Texas' unprecedented request would "do violence to the Constitution" and "disenfranchise millions" of voters.
Those states — Pennsylvania, Michigan, Wisconsin and Georgia — have all certified their election results, with Democrat Joe Biden defeating President Donald Trump.
Nearly simultaneously, Washington, D.C., Attorney General Karl Racine filed a brief at the court on behalf of the District of Columbia and 22 states and territories defending the four states targeted by Texas.
That friend-of-the-court brief was joined by California, Colorado, Connecticut, Delaware, Guam, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, U.S. Virgin Islands, and Washington.
The flurry of major briefs related to the case — including Trump's own request to intervene — demonstrated the dramatic and lingering polarization of the U.S. just weeks after one of the most contentious elections in memory.
Pennsylvania in its brief called Texas Attorney General Ken Paxton's long-shot bid to overturn other states' elections "legally indefensible" and "an affront to principles of constitutional democracy."
"Texas seeks to invalidate elections in four states for yielding results with which it disagrees," Pennsylvania's scathing brief read.
Dana Nessel, the attorney general of Michigan, told the court in her state's brief to reject Texas' case outright.
"To do otherwise would make this Court the arbiter of all future national elections," Nessel wrote.
"The base of Texas's claims rests on an assertion that Michigan has violated its own election laws. Not true," Nessel added. "That claim has been rejected in the federal and state courts in Michigan, and just yesterday the Michigan Supreme Court rejected a last-ditch effort to request an audit."
Christopher Carr, the attorney general of Georgia, told the court that Texas was seeking to "transfer Georgia's electoral powers to the federal judiciary."
"Respect for federalism and the constitutional design prohibits that transfer of power, but this Court should never even reach that issue," he wrote.
The replies came one day after Trump asked the high court to let him intervene in the case. The president, who is refusing to concede to Biden, has hyped Texas' case as "the big one" — but election law experts say there's little if any chance the court will allow it to proceed.
So far, the justices have not taken any action in the case. Despite Trump's frequent pleas, the court has not shown an eagerness to get involved in any litigation related to the presidential election.
For instance, the justices have not yet said whether they will hear a GOP challenge to absentee ballots received after Election Day in Pennsylvania. On Tuesday, they turned back an appeal from a Trump ally seeking to overturn the results in that state in a one-line order with no noted dissents.
Still, Paxton's case has fueled hopes among Trump's supporters who are desperate for a sweeping court order to cancel Biden's projected victory. Large swaths of voters are convinced by the president's repeated claims, unproven and frequently debunked, that widespread electoral fraud tipped the election to Biden.
Seventeen states that Trump won in the popular vote further fueled those views Wednesday, when they filed a brief to the Supreme Court in support of Texas' case.
On Thursday afternoon, 106 Republican members of Congress, led by Rep. Mike Johnson, R-La., signed their own brief supporting the suit from Paxton.
That brief was authored by Phillip Jauregui, an attorney at the Judicial Action Group, which says on its website that it works for "judicial renewal" and calls for "a Third Great Awakening."
Trump and his campaign legal team have filed dozens of lawsuits in lower courts seeking to void election results and have state legislatures appoint pro-Trump electors.
Many of those cases have already been dismissed — but Trump is still pursuing legal challenges in key states, even with less than a week remaining before electors meet to cast their votes.


cnbc--2020-12-10--Biden secretary of State pick Blinken has ties to venture capital fund with national security portfo

Biden secretary of State pick Blinken has ties to venture capital fund with national security portfolio

Antony Blinken , U.S. President-elect Joe Biden 's nominee for secretary of state , speaks as President-elect Biden announces his national security nominees and appointees at his transition headquarters in Wilmington , Delaware , November 24 , 2020 .
The companies within Ridgeline 's portfolio include data and tech start-ups that have received government contracts , including some deals with the Department of Defense , according to public disclosure reports .
Another one of its portfolio companies is partially funded by a nonprofit venture firm that originally was created to assist the Central Intelligence Agency .
The fund 's website @ @ @ @ @ @ @ strategic partner of Ridgeline 's .
Another of the advisory firm 's co-founders , Nitin Chadda , is the investment co-chair for Ridgeline Partners .
Chadda served as senior advisor to the secretary of Defense during Obama 's second term .
The fund , Ridgeline Partners , was co-founded by Blinken 's WestExec and `` provides strategic insight on U.S. & allied national security capability needs and emerging opportunities to help grow '' the fund 's portfolio , according to the WestExec website .
Antony Blinken , Biden 's choice to be secretary @ @ @ @ @ @ @ 2017 with other former government officials , including Michele Flournoy , a former undersecretary of Defense for policy under President Barack Obama .
President-elect Joe Biden 's pick to lead the State Department co-founded a business advisory firm that helped launch a little known venture capital fund with a heavy national security portfolio .
It 's yet another example of the business ties among Biden 's appointees raising questions about potential conflicts of interest .
Blinken , a managing partner at WestExec , has been on a leave of absence from the firm @ @ @ @ @ @ @ was also involved with Pine Island Capital Partners .
The investment firm was recently featured in a prospectus for a special purpose acquisition company , pitching access to those interested in buying a stake .
Biden 's recent choice for secretary of Defense , retired Gen. Lloyd Austin , is also part of Pine Capital 's advisory team in Washington , D.C. Pine Island is listed as a strategic partner of WestExec .
Neera Tanden , Biden 's choice to head the Office of Management and Budget , has been running a nonprofit @ @ @ @ @ @ @ Street financiers and Silicon Valley giants .
Progressives are calling for more transparency about Biden appointees linked to the Ridgeline and the companies in its portfolio .
`` We need to understand exactly who is connected to this firm and the companies in its portfolio - many of which rely on government contracts or investments – how this will relate to decisions which they are likely to have to make , and whether potential conflicts can even be cured , '' David Segal , the executive director of the progressive Demand Progress , @ @ @ @ @ @ @ 's website says that it `` invests in commercially viable technology companies that are critical to national security . ''
The firm 's site also lists eight members of WestExec 's team , including Chadda and Flournoy , whom Biden reportedly considered for Defense secretary before he picked Austin .
The website does n't describe any potential roles by the WestExec leaders , and Blinken is not listed on the fund 's homepage .
A spokesperson for WestExec declined to answer detailed questions on its working relationship with Ridgeline and referred CNBC to @ @ @ @ @ @ @ that gives a brief overview of their partnership .
The representative also said WestExec has no role in Ridgeline-backed companies applying for or receiving contracts .
Andrew Bates , a spokesman for the Biden transition team , told CNBC in a statement that , while Blinken has not been involved in the company 's operations , he will divest his interest in Ridgeline if he is confirmed by the Senate .
The statement did not say how much he has invested in the company .
`` Joe Biden has pledged the most ethically @ @ @ @ @ @ @ every Cabinet member will abide by all disclosure requirements and strict ethics rules – including recusals when appropriate , '' Bates said .
As the official confirmation process begins , Blinken will have to file a public financial disclosure report , which could give a glimpse into how much he has made since starting WestExec and any stake he has in Ridgeline .
Ridgeline 's other co-founders have a mix of experience in finance , venture capital and various government apparatuses .
Ben Walker , a co-founder and partner at Ridgeline , was @ @ @ @ @ @ @ another venture capital firm .
He also has experience as a member of the defense council for the Truman National Security Project .
Andrew McMahon is also listed as a co-founder and partner .
Among his many other prior experiences , McMahon 's LinkedIn page says he was a policy analyst at the Office of Management and Budget during the Obama administration .
Ryan Clinton is another co-founder and partner at the fund .
His LinkedIn profile says he has a background in `` defense technology . ''
Just prior to running Rigeline @ @ @ @ @ @ @ defense technology company that was co-founded by longtime Trump ally Palmer Luckey .
Clinton 's LinkedIn page says he worked on `` business development and growth , '' and his profile suggests his work for Anduril focused on the Department of Defense .
Walker , McMahon and Clinton did not return requests for comment .
Of the 13 companies currently listed in Ridgeline 's portfolio , at least three have seen significant government contracts .
Opentrons , a New York-based start-up that says it makes robots for biologists , has picked up almost @ @ @ @ @ @ @ 2019 .
The Departments of Commerce , Agriculture and the Interior recently bought services from Opentrons .
Wallaroo Labs , a New York-based data and technology company , is also listed in Ridgeline 's portfolio .
In late 2019 , Wallaroo received a Department of Defense contract worth just under $ 50,000 .
Fluree is also a Ridgeline portfolio company .
It received a nearly $ 50,000 contract from the DOD late last year .
The data company is based out of North Carolina and Ridgeline is listed among a number of tech @ @ @ @ @ @ @ including Amazon Web Services , the U.S. Air Force and the Google Cloud Platform .
Australian technology firm Myriota is part of the portfolio , too .
Though the start-up does n't appear to have any recent government contracts linked to it , it is funded , in part , by In-Q-Tel , a nonprofit that was created to help provide high end technology to the CIA , a report on the agency 's website says .
In-Q-Tel combined with other investors to spend $ 28 million in Series B funding to grow @ @ @ @ @ @ @ a press release from April .
In-Q-Tel 's latest 990 disclosure form from 2018 says the group is a 501 ( c ) ( 3 ) and finished that year with more than $ 450 million in net assets .
`` ln-Q-Tel identifies , adapts , and delivers innovative technology resolutions that serve the national security interests of the United States government and its allies , '' the filing says under its mission statement .

Antony Blinken, U.S. President-elect Joe Biden's nominee for secretary of state, speaks as President-elect Biden announces his national security nominees and appointees at his transition headquarters in Wilmington, Delaware, November 24, 2020.
The companies within Ridgeline's portfolio include data and tech start-ups that have received government contracts, including some deals with the Department of Defense, according to public disclosure reports. Another one of its portfolio companies is partially funded by a nonprofit venture firm that originally was created to assist the Central Intelligence Agency.
The fund's website also says that WestExec acts as a strategic partner of Ridgeline's. Another of the advisory firm's co-founders, Nitin Chadda, is the investment co-chair for Ridgeline Partners. Chadda served as senior advisor to the secretary of Defense during Obama's second term.
The fund, Ridgeline Partners, was co-founded by Blinken's WestExec and "provides strategic insight on U.S. & allied national security capability needs and emerging opportunities to help grow" the fund's portfolio, according to the WestExec website .
Antony Blinken, Biden's choice to be secretary of State, co-founded WestExec Advisors in 2017 with other former government officials, including Michele Flournoy, a former undersecretary of Defense for policy under President Barack Obama.
President-elect Joe Biden's pick to lead the State Department co-founded a business advisory firm that helped launch a little known venture capital fund with a heavy national security portfolio.
It's yet another example of the business ties among Biden's appointees raising questions about potential conflicts of interest. Blinken, a managing partner at WestExec, has been on a leave of absence from the firm since joining the Biden campaign.
Blinken was also involved with Pine Island Capital Partners. The investment firm was recently featured in a prospectus for a special purpose acquisition company, pitching access to those interested in buying a stake. Biden's recent choice for secretary of Defense, retired Gen. Lloyd Austin, is also part of Pine Capital's advisory team in Washington, D.C. Pine Island is listed as a strategic partner of WestExec.
Neera Tanden, Biden's choice to head the Office of Management and Budget, has been running a nonprofit that has been largely funded by Wall Street financiers and Silicon Valley giants.
Progressives are calling for more transparency about Biden appointees linked to the Ridgeline and the companies in its portfolio.
"We need to understand exactly who is connected to this firm and the companies in its portfolio - many of which rely on government contracts or investments – how this will relate to decisions which they are likely to have to make, and whether potential conflicts can even be cured," David Segal, the executive director of the progressive Demand Progress, told CNBC in an email.
Ridgeline's website says that it "invests in commercially viable technology companies that are critical to national security." The firm's site also lists eight members of WestExec's team, including Chadda and Flournoy, whom Biden reportedly considered for Defense secretary before he picked Austin. The website doesn't describe any potential roles by the WestExec leaders, and Blinken is not listed on the fund's homepage.
A spokesperson for WestExec declined to answer detailed questions on its working relationship with Ridgeline and referred CNBC to a part of the firm's website that gives a brief overview of their partnership. The representative also said WestExec has no role in Ridgeline-backed companies applying for or receiving contracts.
Andrew Bates, a spokesman for the Biden transition team, told CNBC in a statement that, while Blinken has not been involved in the company's operations, he will divest his interest in Ridgeline if he is confirmed by the Senate. The statement did not say how much he has invested in the company.
"Joe Biden has pledged the most ethically rigorous administration in American history, and every Cabinet member will abide by all disclosure requirements and strict ethics rules – including recusals when appropriate," Bates said.
As the official confirmation process begins, Blinken will have to file a public financial disclosure report, which could give a glimpse into how much he has made since starting WestExec and any stake he has in Ridgeline.
Ridgeline's other co-founders have a mix of experience in finance, venture capital and various government apparatuses. Ben Walker, a co-founder and partner at Ridgeline, was a founding partner of Harpoon Ventures, another venture capital firm. He also has experience as a member of the defense council for the Truman National Security Project.
Andrew McMahon is also listed as a co-founder and partner. Among his many other prior experiences, McMahon's LinkedIn page says he was a policy analyst at the Office of Management and Budget during the Obama administration.
Ryan Clinton is another co-founder and partner at the fund. His LinkedIn profile says he has a background in "defense technology." Just prior to running Rigeline, he worked at Anduril, a defense technology company that was co-founded by longtime Trump ally Palmer Luckey. Clinton's LinkedIn page says he worked on "business development and growth," and his profile suggests his work for Anduril focused on the Department of Defense.
Walker, McMahon and Clinton did not return requests for comment.
Of the 13 companies currently listed in Ridgeline's portfolio, at least three have seen significant government contracts. Opentrons, a New York-based start-up that says it makes robots for biologists, has picked up almost $90,000 in government contracts since late 2019. The Departments of Commerce, Agriculture and the Interior recently bought services from Opentrons.
Wallaroo Labs, a New York-based data and technology company, is also listed in Ridgeline's portfolio. In late 2019, Wallaroo received a Department of Defense contract worth just under $50,000.
Fluree is also a Ridgeline portfolio company. It received a nearly $50,000 contract from the DOD late last year. The data company is based out of North Carolina and Ridgeline is listed among a number of tech and military giants as its partners, including Amazon Web Services, the U.S. Air Force and the Google Cloud Platform.
Australian technology firm Myriota is part of the portfolio, too. Though the start-up doesn't appear to have any recent government contracts linked to it, it is funded, in part, by In-Q-Tel, a nonprofit that was created to help provide high end technology to the CIA, a report on the agency's website says.
In-Q-Tel combined with other investors to spend $28 million in Series B funding to grow Myriota's satellite network, according to a press release from April. In-Q-Tel's latest 990 disclosure form from 2018 says the group is a 501(c)(3) and finished that year with more than $450 million in net assets.
"ln-Q-Tel identifies, adapts, and delivers innovative technology resolutions that serve the national security interests of the United States government and its allies," the filing says under its mission statement.


cnbc--2020-12-10--Biden picks more Obama veterans for key roles: Denis McDonough at VA and Susan Rice as domestic advi

Biden picks more Obama veterans for key roles: Denis McDonough at VA and Susan Rice as domestic advisor

Denis McDonough , White House Chief of Staff to President Barack Obama , appears on `` Meet the Press '' in Washington , D.C. President-elect Joe Biden has tapped Denis McDonough , the onetime chief of staff to President Barack Obama , to serve as secretary of Veterans Affairs , Biden 's transition team announced Thursday .
McDonough 's selection was unveiled amid the latest batch of new additions to key posts in the upcoming Biden administration , which will also include former United Nations Ambassador Susan Rice as director of the White House Domestic Policy Council .
The announcement @ @ @ @ @ @ @ Iowa Gov .
Tom Vilsack for Agriculture secretary , Ohio Rep. Marcia Fudge for secretary of the Department of Housing and Urban Development , and trade lawyer Katherine Tai for U.S. trade representative .
With less than six weeks to go until Biden officially replaces President Donald Trump in the White House , the incoming administration is sending clear signals that it will prioritize candidates with deep experience in government and politics to lead it .
McDonough , 51 , had served as Obama 's chief of staff for the entirety of the @ @ @ @ @ @ @ .
McDonough had previously been Obama 's deputy national security advisor , as well as the chief of staff of the National Security Council .
Rice , 56 , an alumna of the administrations of Obama and former President Bill Clinton , will not require confirmation by the Senate to serve as domestic policy director in Biden 's White House .
She served as U.S. ambassador to the U.N. from 2009 until 2013 , when she was selected as Obama 's national security advisor .
Rice 's critics , which include numerous Republican @ @ @ @ @ @ @ the public over the 2012 attack on a U.S. diplomatic building in Benghazi , Libya , where Ambassador Christopher Stevens and three others were killed .
Rice has defended her record on the attack , noting that multiple Republican-led congressional committees did not find she intentionally misled the public .
Rice had reportedly been considered among multiple candidates for the more prestigious and powerful role of secretary of state — a position requiring confirmation by the Senate , in which the GOP currently holds majority control .
Rice had also been in the @ @ @ @ @ @ @ , and in the 2020 election was rumored to be part of Biden 's list of potential running mates .
Biden ultimately selected California Sen. Kamala Harris to be his vice presidential pick .
In late November , Biden chose his longtime advisor Anthony Blinken as his nominee for secretary of state .

Denis McDonough, White House Chief of Staff to President Barack Obama, appears on "Meet the Press" in Washington, D.C.
President-elect Joe Biden has tapped Denis McDonough, the onetime chief of staff to President Barack Obama, to serve as secretary of Veterans Affairs, Biden's transition team announced Thursday.
McDonough's selection was unveiled amid the latest batch of new additions to key posts in the upcoming Biden administration, which will also include former United Nations Ambassador Susan Rice as director of the White House Domestic Policy Council.
The announcement also revealed Biden's picks of former Iowa Gov. Tom Vilsack for Agriculture secretary, Ohio Rep. Marcia Fudge for secretary of the Department of Housing and Urban Development, and trade lawyer Katherine Tai for U.S. trade representative.
With less than six weeks to go until Biden officially replaces President Donald Trump in the White House, the incoming administration is sending clear signals that it will prioritize candidates with deep experience in government and politics to lead it.
McDonough, 51, had served as Obama's chief of staff for the entirety of the former president's second term in office. McDonough had previously been Obama's deputy national security advisor, as well as the chief of staff of the National Security Council.
Rice, 56, an alumna of the administrations of Obama and former President Bill Clinton, will not require confirmation by the Senate to serve as domestic policy director in Biden's White House. She served as U.S. ambassador to the U.N. from 2009 until 2013, when she was selected as Obama's national security advisor.
Rice's critics, which include numerous Republican lawmakers, have accused her of misleading the public over the 2012 attack on a U.S. diplomatic building in Benghazi, Libya, where Ambassador Christopher Stevens and three others were killed. Rice has defended her record on the attack, noting that multiple Republican-led congressional committees did not find she intentionally misled the public.
Rice had reportedly been considered among multiple candidates for the more prestigious and powerful role of secretary of state — a position requiring confirmation by the Senate, in which the GOP currently holds majority control.
Rice had also been in the running for that Cabinet role in 2012, and in the 2020 election was rumored to be part of Biden's list of potential running mates. Biden ultimately selected California Sen. Kamala Harris to be his vice presidential pick.
In late November, Biden chose his longtime advisor Anthony Blinken as his nominee for secretary of state.


cnbc--2020-12-10--Supreme Court says Muslims placed on no-fly list can sue FBI agents for damages

The Supreme Court ruled Thursday in favor of three Muslim men who say they were placed or kept on the government 's no-fly list in retaliation for refusing to serve as terrorism informants for the Federal Bureau of Investigation .
The court wrote in a unanimous opinion authored by Justice Clarence Thomas that Muhammad Tanvir , Jameel Algibhah and Naveed Shinwari may sue individual FBI agents for money damages under a federal law protecting religious exercise .
Thomas wrote in the brief opinion that the Religious Freedom Restoration Act `` permits litigants , when appropriate , to obtain money damages @ @ @ @ @ @ @ . ''
Justice Amy Coney Barrett , the newest member of the court , did not participate in the case .
The case was one of four decided on Thursday morning , among the first decisions in the current term , which will end over the summer .
All of the cases were decided unanimously .
The court did not take any action on two Republican challenges before it concerning the 2020 election , including Texas ' effort to overturn President Donald Trump 's loss in four battleground states .
Tanvir , Algibhah @ @ @ @ @ @ @ the FBI told them that they could only be removed from the government 's no-fly list if they `` served as government spies in their religious communities . ''
The men said they were approached by FBI special agents and pressured to provide information about other Muslims .
Each of the men initially answered agents ' questions truthfully , their attorney Ramzi Kassem wrote in court papers , but `` none wanted to serve as an informant on his Muslim community , in part because to do so violated his religious beliefs .
@ @ @ @ @ @ @ , the FBI agents persisted — in some instances threatening individual Respondents with deportation and arrest and in other instances offering financial incentives and assistance with family members ' immigration to the United States , '' Kassem wrote .
`` In each case , the agents relied upon what they assumed would be the irresistible coercion of the No Fly List , '' he added .
After the three men sued , they were eventually told that they were no longer on the list .
They continued to press for financial damages , @ @ @ @ @ @ @ `` prohibited from flying , sometimes when they were headed to visit loved ones or to start a new job , or on their way home from a trip abroad , stranding them overseas . ''
Placement on the secretive no-fly list , which is overseen by the FBI , prevents someone from boarding an aircraft that travels to , from or over the United States .
The size of the list has grown dramatically since the Sept. 11 , 2001 , attacks , and according to some reports includes more than 80,000 @ @ @ @ @ @ @ case was whether RFRA allows for individuals whose religious exercise was burdened by the government to sue individual government employees for money damages .
The law itself says that someone whose rights were violated may `` obtain appropriate relief against a government . ''
A federal district court held that RFRA did not permit such money damages , but the 2nd U.S .
Circuit Court of Appeals reversed that decision .
The government urged the court to undo the appeals court ruling , arguing that a decision in favor of the Muslim men @ @ @ @ @ @ @ agencies to function .
Former Solicitor General Noel Francisco , who has since returned to private practice , wrote in a brief that damages `` will serve as a powerful incentive for potential plaintiffs to sue federal employees at all levels of decisionmaking , more broadly affecting the government 's operations . ''
`` For instance , prison officials are charged with accommodating the religious practices of approximately 180,000 federal inmates , while balancing prisoners ' needs against the demands of prison safety and security , '' Francisco wrote .
Francisco also argued @ @ @ @ @ @ @ damages presented a constitutional separation-of-powers problem .
The top court rejected the government 's reasoning .
Thomas wrote that if lawmakers believed that it would be a better policy to shield government employees from damages , `` Congress is free to do so .
But there are no constitutional reasons why we must do so in its stead . ''
`` A damages remedy is not just 'appropriate ' relief as viewed through the lens of suits against Government employees , '' Thomas wrote .
`` It is also the only form of @ @ @ @ @ @ @ , '' he added , citing `` wasted plane tickets . ''
After the ruling came down , Kassem , a professor at The City University of New York School of Law , said in a statement that the court `` vindicated our clients ' courageous stand for their religious freedom as Muslims who would not spy on their own faith community . ''
`` The Court 's unanimous decision also sends a clear message to FBI agents who should think twice now before abusing the power to put people on the No-Fly @ @ @ @ @ @ @ We 're glad the Supreme Court unanimously emphasized that the government ca n't expect to be let off the hook by simply changing its tune at the last second , '' said Lori Windham , senior counsel at the nonprofit Becket .
`` This is a good decision that makes it easier to hold the government accountable when it violates Americans ' religious liberties . ''
The Department of Justice did not respond to a request for comment .
The case is Tanzin v. Tanvir , No .
19-71 .

The Supreme Court ruled Thursday in favor of three Muslim men who say they were placed or kept on the government's no-fly list in retaliation for refusing to serve as terrorism informants for the Federal Bureau of Investigation.
The court wrote in a unanimous opinion authored by Justice Clarence Thomas that Muhammad Tanvir, Jameel Algibhah and Naveed Shinwari may sue individual FBI agents for money damages under a federal law protecting religious exercise.
Thomas wrote in the brief opinion that the Religious Freedom Restoration Act "permits litigants, when appropriate, to obtain money damages against federal officials in their individual capacities." Justice Amy Coney Barrett, the newest member of the court, did not participate in the case.
The case was one of four decided on Thursday morning, among the first decisions in the current term, which will end over the summer. All of the cases were decided unanimously. The court did not take any action on two Republican challenges before it concerning the 2020 election, including Texas' effort to overturn President Donald Trump's loss in four battleground states.
Tanvir, Algibhah and Shinwari argued at the court that the FBI told them that they could only be removed from the government's no-fly list if they "served as government spies in their religious communities."
The men said they were approached by FBI special agents and pressured to provide information about other Muslims. Each of the men initially answered agents' questions truthfully, their attorney Ramzi Kassem wrote in court papers, but "none wanted to serve as an informant on his Muslim community, in part because to do so violated his religious beliefs."
"Rather than accepting that refusal, the FBI agents persisted — in some instances threatening individual Respondents with deportation and arrest and in other instances offering financial incentives and assistance with family members' immigration to the United States," Kassem wrote.
"In each case, the agents relied upon what they assumed would be the irresistible coercion of the No Fly List," he added.
After the three men sued, they were eventually told that they were no longer on the list. They continued to press for financial damages, however, saying that they had been "prohibited from flying, sometimes when they were headed to visit loved ones or to start a new job, or on their way home from a trip abroad, stranding them overseas."
Placement on the secretive no-fly list, which is overseen by the FBI, prevents someone from boarding an aircraft that travels to, from or over the United States. The size of the list has grown dramatically since the Sept. 11, 2001, attacks, and according to some reports includes more than 80,000 names.
The legal question in the case was whether RFRA allows for individuals whose religious exercise was burdened by the government to sue individual government employees for money damages. The law itself says that someone whose rights were violated may "obtain appropriate relief against a government."
A federal district court held that RFRA did not permit such money damages, but the 2nd U.S. Circuit Court of Appeals reversed that decision. The government urged the court to undo the appeals court ruling, arguing that a decision in favor of the Muslim men could unduly burden the ability of federal agencies to function.
Former Solicitor General Noel Francisco, who has since returned to private practice, wrote in a brief that damages "will serve as a powerful incentive for potential plaintiffs to sue federal employees at all levels of decisionmaking, more broadly affecting the government's operations."
"For instance, prison officials are charged with accommodating the religious practices of approximately 180,000 federal inmates, while balancing prisoners' needs against the demands of prison safety and security," Francisco wrote.
Francisco also argued that interpreting RFRA to allow for money damages presented a constitutional separation-of-powers problem.
The top court rejected the government's reasoning. Thomas wrote that if lawmakers believed that it would be a better policy to shield government employees from damages, "Congress is free to do so. But there are no constitutional reasons why we must do so in its stead."
"A damages remedy is not just 'appropriate' relief as viewed through the lens of suits against Government employees," Thomas wrote. "It is also the only form of relief that can remedy some RFRA violations," he added, citing "wasted plane tickets."
After the ruling came down, Kassem, a professor at The City University of New York School of Law, said in a statement that the court "vindicated our clients' courageous stand for their religious freedom as Muslims who would not spy on their own faith community."
"The Court's unanimous decision also sends a clear message to FBI agents who should think twice now before abusing the power to put people on the No-Fly List," he said.
Religious liberty groups cheered the court's decision.
"We're glad the Supreme Court unanimously emphasized that the government can't expect to be let off the hook by simply changing its tune at the last second," said Lori Windham, senior counsel at the nonprofit Becket. "This is a good decision that makes it easier to hold the government accountable when it violates Americans' religious liberties."
The Department of Justice did not respond to a request for comment.
The case is Tanzin v. Tanvir, No. 19-71.


cnbc--2020-12-10--Biden picks longtime China critic Katherine Tai as top U.S. trade official

President-elect Joe Biden on Thursday named Katherine Tai , a trade lawyer with a history of taking on China , as his incoming administration 's pick for the United States ' top trade representative .
If confirmed by the Senate , Tai would inherit a critical , Cabinet-level position tasked with enforcing America 's import rules and brokering trading terms with China and other nations .
Tai , who is Asian-American , would also be the first woman of color to serve as the USTR .
She is fluent in Mandarin .
In choosing Tai , the senior trade lawyer @ @ @ @ @ @ @ , the Biden team likely signals an intent to return to a more multilateral trade approach to advance U.S. trade interests and confront growing economic competition from China .
The president-elect heralded Tai 's experience in a press release on Thursday as key to important insights while the incoming administration reviews the trade deal outgoing President Donald Trump brokered with Beijing .
`` Her deep experience will allow the Biden-Harris administration to hit the ground running on trade , and harness the power of our trading relationships to help the U.S. dig out @ @ @ @ @ @ @ the President-elect 's vision of a pro-American worker trade strategy , '' the Biden transition team wrote .
Tai would succeed current trade czar Robert Lighthizer , whose achievements during the Trump administration include a more-forceful tact in negotiations with Beijing and the imposition of hundreds of billions of dollars worth of tariffs on goods imported from China .
Though Tai may favor multilateral enforcement mechanisms more than Lighthizer , her leadership as USTR would n't necessarily signal a change to the tougher stance toward China .
She has said that China should @ @ @ @ @ @ @ They both also have a long history of dealing with China 's unfair practices , the most pressing trade issue of our time , '' according to former top White House trade negotiator Clete Willems .
`` Where Katherine 's approach is most likely to differ is on how she uses the WTO system and alliances to pressure China to change behavior . ''
From 2007 to 2014 , Tai successfully litigated Washington 's disputes against Beijing at the WTO , the global trade organization based in Geneva , Switzerland .
Lighthizer and @ @ @ @ @ @ @ viewed as slow-moving bureaucracy and China 's influence at the WTO and World Bank , often opted to work around the WTO and take a more direct approach through tariffs .
The U.S. still has import duties on $ 370 billion of Chinese imports .
`` As the former head of USTR 's China trade enforcement , Katherine has experience bringing and winning joint WTO disputes against China while partnering with countries like the EU and Japan and is likely to pursue a similar approach , '' Willems , now a partner at @ @ @ @ @ @ @ .
Willems also noted that Tai 's fluency in Mandarin would command respect at the negotiating table with China .
In August , Tai called for a different approach to China from the years-long tariff war waged by Lighthizer and said the use of import taxes are actually a defensive maneuver .
Rep. Don Beyer , D-Va. , said in a press release Wednesday evening that Tai would be a smart choice for USTR based on their time working together on the Ways and Means Committee .
`` She is exactly the right @ @ @ @ @ @ @ rationality to our trade policy and restore the respect of our allies around the world , '' Beyer said in the release .
The committee 's chairman , Massachusetts Democrat Richard Neal , offered similar sentiments in a release on Thursday .
`` Her time with Ways and Means is filled with many accomplishments , but none greater than the key role she played behind the scenes in our successful work to improve the U.S.-Mexico-Canada Agreement and secure widespread support for its passage , '' Neal said .
`` As the United States @ @ @ @ @ @ @ partners around the world and address increasingly perilous challenges from China , Katherine will be an honorable and effective representative for this nation , our people , and our interests , '' he added .
Those comments are likely to reassure to Biden , who has suggested he would favor a return to a more multilateral , ally-based approach and a move away from President Donald Trump 's nationalist , `` America First '' approach .
Still , Biden said in a recent New York Times interview that he wo n't immediately remove @ @ @ @ @ @ @ weigh a variety of tactics when considering how best to compete with Beijing .
`` I 'm not going to make any immediate moves , and the same applies to the tariffs .
I 'm not going to prejudice my options , '' Biden told columnist Thomas Friedman in an interview earlier this month .
The president-elect has declined to say whether he would support joining specific trade agreements .
One of President Donald Trump 's first acts in office was to remove the U.S. from the Trans-Pacific Partnership , which was negotiated @ @ @ @ @ @ @ nations .
The TPP excluded China and was a cornerstone of Obama 's efforts to cement U.S. influence in Asia .
China has since signed the Regional Comprehensive Economic Partnership with 14 other countries , a trade agreement that excludes the U.S. and covers about 30 % of the world 's economy .
Biden has promised to be more detailed about which agreements he would support after his inauguration , but has repeatedly stressed the importance of working with allies to set global trade 's `` rules of the road . ''

Katherine Tai speaks during a House Ways and Means Committee meeting to consider the US-Mexico-Canada (USMCA) trade agreement in 2019. CSPAN
President-elect Joe Biden on Thursday named Katherine Tai, a trade lawyer with a history of taking on China, as his incoming administration's pick for the United States' top trade representative. If confirmed by the Senate, Tai would inherit a critical, Cabinet-level position tasked with enforcing America's import rules and brokering trading terms with China and other nations. Tai, who is Asian-American, would also be the first woman of color to serve as the USTR. She is fluent in Mandarin. In choosing Tai, the senior trade lawyer on the House Ways and Means Committee, the Biden team likely signals an intent to return to a more multilateral trade approach to advance U.S. trade interests and confront growing economic competition from China. The president-elect heralded Tai's experience in a press release on Thursday as key to important insights while the incoming administration reviews the trade deal outgoing President Donald Trump brokered with Beijing. "Her deep experience will allow the Biden-Harris administration to hit the ground running on trade, and harness the power of our trading relationships to help the U.S. dig out of the COVID-induced economic crisis and pursue the President-elect's vision of a pro-American worker trade strategy," the Biden transition team wrote. Tai would succeed current trade czar Robert Lighthizer, whose achievements during the Trump administration include a more-forceful tact in negotiations with Beijing and the imposition of hundreds of billions of dollars worth of tariffs on goods imported from China.
China's Vice Premier Liu He turns with U.S. Trade Representative Robert Lighthizer during a meeting with U.S. President Donald Trump in the Oval Office at the White House in Washington, February 22, 2019. Carlos Barria | Reuters
Though Tai may favor multilateral enforcement mechanisms more than Lighthizer, her leadership as USTR wouldn't necessarily signal a change to the tougher stance toward China. She has said that China should be addressed forcefully and strategically. "They both also have a long history of dealing with China's unfair practices, the most pressing trade issue of our time," according to former top White House trade negotiator Clete Willems. "Where Katherine's approach is most likely to differ is on how she uses the WTO system and alliances to pressure China to change behavior." From 2007 to 2014, Tai successfully litigated Washington's disputes against Beijing at the WTO, the global trade organization based in Geneva, Switzerland.
Lighthizer and his team, frustrated with what they viewed as slow-moving bureaucracy and China's influence at the WTO and World Bank, often opted to work around the WTO and take a more direct approach through tariffs. The U.S. still has import duties on $370 billion of Chinese imports. "As the former head of USTR's China trade enforcement, Katherine has experience bringing and winning joint WTO disputes against China while partnering with countries like the EU and Japan and is likely to pursue a similar approach," Willems, now a partner at Akin Gump, added in an email. Willems also noted that Tai's fluency in Mandarin would command respect at the negotiating table with China.
U.S. President-elect Joe Biden announces the members of his health team, at the Queen Theater December 08, 2020 in Wilmington, Delaware. Chip Somodevilla | Getty Images
In August, Tai called for a different approach to China from the years-long tariff war waged by Lighthizer and said the use of import taxes are actually a defensive maneuver. Rep. Don Beyer, D-Va., said in a press release Wednesday evening that Tai would be a smart choice for USTR based on their time working together on the Ways and Means Committee. "She is exactly the right kind of cooperative leader to help return rationality to our trade policy and restore the respect of our allies around the world," Beyer said in the release. The committee's chairman, Massachusetts Democrat Richard Neal, offered similar sentiments in a release on Thursday. "Her time with Ways and Means is filled with many accomplishments, but none greater than the key role she played behind the scenes in our successful work to improve the U.S.-Mexico-Canada Agreement and secure widespread support for its passage," Neal said.


cnbc--2020-12-10--Supreme Court rejects Republican 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.
watch now
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.
watch now


cnbc--2020-12-11--Biden picks longtime China critic Katherine Tai as top U.S. trade official