usatoday--2020-02-29--Federal court temporarily halts Trump's 'Remain in Mexico' policy — then reverses itself

TUCSON , Ariz. – A federal appeals court has blocked the Trump administration ’ s policy of returning asylum-seekers to Mexico to await court hearings , a practice immigrant advocates have denounced as inhumane and deadly .
The decision on Friday by the 9th U.S .
Circuit Court of Appeals in San Francisco deals a blow to the Trump administration .
The process — called the Migrant Protection Protocols , or MPP , also known as `` Remain in Mexico '' — had been seen as another tool in President Donald Trump ’ s asylum crackdown .
Throngs of migrants @ @ @ @ @ @ @ crossings in Ciudad Juarez and Matamoros , hoping to be let into the U.S .
But the decision — and migrants ' hopes — lasted only a few hours .
Later on Friday , the 9th Circuit judges granted an emergency stay on the injunction , as requested by the Trump administration , effectively keeping MPP in place while further arguments are heard .
The case appears to be headed to the U.S. Supreme Court .
`` This evening , with support of DOJ attorneys and CBP ’ s declaration , the 9th @ @ @ @ @ @ @ order enjoining MPP , '' Acting CBP Commissioner Mark Morgan tweeted Late Friday .
`` @ CBP will immediately reinstate MPP ! ''
Since the U.S. Department of Homeland Security rolled out the program in January 2019 , the U.S. government has sent back more than 60,000 people to seven Mexican border cities from Tijuana to Matamoros .
Those included some of those most dangerous areas of the border , exposing migrants to assaults , kidnappings , murders and extortion .
U.S. authorities have argued that the policy keeps migrants from slipping into @ @ @ @ @ @ @ crossing from the U.S. southern border .
“ This is really a tremendous decision recognizing the illegality of the Remain in Mexico program , ” said Elissa Steglich , co-director of the Immigration Clinic at the University of Texas School of Law in Austin , who makes regular trips to Texas border towns to interview MPP migrants and monitor their legal proceedings .
“ It means that asylum-seekers can now have access to the U.S. asylum system in a humane way.
” A key question remains : What happens to the thousands of @ @ @ @ @ @ @ program and will they be allowed to enter the U.S. to wait out their court dates ?
“ There should be immediate relief for those currently in the MPP program , ” Steglich said .
“ Right now , it ’ s unclear what will happen.
” The 9th Circuit issued a separate ruling on Friday morning that reinstated a lower court 's injunction blocking the Trump administration from enforcing a rule that made migrants ineligible for asylum if they crossed the U.S.-Mexico border in between the ports of entry .
Eleven migrants @ @ @ @ @ @ @ , and a collection of six civil rights advocates including Innovation Law Lab , Al Otro Lado and Tahirih Justice Center , filed a lawsuit last year , arguing that the policy violated U.S. immigration law .
A federal district court in California had issued a ruling blocking the policy during the case , but MPP continued while the U.S. government appealed .
In an 81-page opinion published on Friday morning , a three-judge panel with the 9th U.S .
Circuit Court of Appeals in California found that the program `` is inconsistent @ @ @ @ @ @ @ be blocked entirely .
Judges split 2-1 on the decision .
With an injunction in place , the case now likely returns to the district court to consider the suit itself .
During the time of the appeal , Homeland Security had expanded the program along the U.S.-Mexico border .
The U.S. government rolled out the Migrant Protection Protocols in San Diego-Tijuana in January 2019 .
It later began sending asylum-seekers to Mexico in Calexico-Mexicali at the California border ; El Paso-Ciudad Juárez , Brownsville-Matamoros , Laredo-Nuevo Laredo and Eagle Pass-Piedras Negras along @ @ @ @ @ @ @ Sonora , at the Arizona border .
`` The panel concluded that there is a significant likelihood that the individual plaintiffs will suffer irreparable harm if the MPP is not enjoined ; uncontested evidence in the record establishes that non-Mexicans returned to Mexico under the MPP risk substantial harm , even death , while they await adjudication of their applications for asylum , '' the court 's opinion read .
Judges William Fletcher and Richard Paez , who were both appointed by President Bill Clinton , voted to block MPP .
Judge Ferdinand @ @ @ @ @ @ @ Reagan , dissented .
Homeland Security Secretary Chad Wolf issued a statement calling the nationwide injunction `` grave and reckless , '' while also accusing the judges of bypassing Congress and undermining the Constitution .
He referred to the Migrant Protection Protocols as a `` gamechanger '' that has allowed the U.S. government to process `` meritorious '' claims more quickly and to reduce fraudulent claims .
`` By implementing MPP we have also effectively reduced the incentive for smugglers and traffickers to use children in their illicit cross-border activity , '' Wolf @ @ @ @ @ @ @ , the safety and security of our border communities , international relationships and regional stability is at risk . ''
He confirmed they 're working with the Justice Department to `` expeditiously '' appeal the court 's `` inexplicable '' decision .
A spokesman for the Justice Department , which litigated on behalf of the government , criticized the 9th Circuit 's decision , as well as the `` impropriety '' of nationwide injunctions to halt some of the administration 's immigration and border enforcement policies .
`` The Ninth Circuit ’ s @ @ @ @ @ @ @ of Congress and the Administration for a policy in effect for over a year , but also extends relief beyond the parties before the Court , '' the department said in a statement .
The American Civil Liberties Union litigated the appeal before the 9th Circuit in October , along with the Southern Poverty Law Center and Center for Gender and Refugee Studies .
Judy Rabinovitz , an attorney with the ACLU ’ s Immigrants ’ Rights Project , argued the case before the judges .
“ The court forcefully rejected the Trump @ @ @ @ @ @ @ strand asylum seekers in Mexico and subject them to grave danger , ” she said in a statement Friday .
“ It ’ s time for the administration to follow the law and stop putting asylum seekers in harm ’ s way.
” Michael Tan , the deputy director for the Immigrants ' Rights Project , said it is almost certain the Trump administration will appeal .
The Justice Department has the option to ask a full panel of the 9th Circuit to review the case , a process known as en banc @ @ @ @ @ @ @ appeal directly to the Supreme Court , as it has done in other high-profile immigration cases , such as the administration 's travel ban .
Regardless of which route it takes , Tan said , the Justice Department could once again ask the courts to stay Friday 's decision , pending an appeal .
`` We 're under no illusion that the administration is going to take this one lying down , '' he said .
Al Otro Lado , a binational legal aid group based in California that has provided assistance to @ @ @ @ @ @ @ Mexicali , claimed victory following the court ’ s decision .
`` A HUGE WIN !
9th circuit has sided with us in our lawsuit and reinstated the block on the ILLEGAL and inhumane Remain in Mexico Policy , ” the group wrote on Twitter .
“ We suspect the government will appeal , but for now we are celebrating !
” Human Rights First has counted 1,001 cases of attacks on MPP migrants , including kidnappings , rape , torture , murder and at least 228 kidnappings or attempted kidnappings of children @ @ @ @ @ @ @ Without Borders also reported that , in October alone , 75 % of the migrants in the MPP program they spoke to in Nuevo Laredo had been recently kidnapped .
The labor union for federal asylum officers , the American Federation of Government Employees Local 1924 , condemned the policy in an amicus briefing filed in June to go along with the lawsuit .
“ MPP abandons our tradition of providing a safe haven to the persecuted and violates our international and domestic legal obligations , ” the union wrote .
Scott Weaver @ @ @ @ @ @ @ 50 MPP clients in Matamoros and Nuevo Laredo , said he was encouraged to hear of the court ’ s decision but didn ’ t know what it meant for his clients .
He feared ICE would now detain MPP migrants in U.S. immigration detention facilities as their asylum process played out , which would be better than the Mexican border towns they ’ re currently in but still not ideal , he said .
He would like to see them paroled during their court process , he said .
“ I ’ @ @ @ @ @ @ @ ” Weaver said .
“ I ’ m sure they ’ ll be more hurdles for my clients.
” Across the border , José Ascención Moreno Mena expressed his satisfaction with the court 's ruling given the `` unnecessary risks '' the policy exposed returned migrants to .
He leads the Coalición Pro Defense del Migrante , a collective of shelters and aid groups for migrants in Tijuana and Mexicali , the two cities where U.S. officials first implemented `` Remain in Mexico . ''
Dec. 2018 : New Trump administration policy requires @ @ @ @ @ @ @ bans US entry Despite a vast network of shelters in cities all along Mexican side of the border , many of them are continuously full , forcing migrants returned under MPP to find other accommodations .
`` All these people are forced to go to places that are inhospitable , places where they run lots of risks .
And since they do n't know the city well , many times they end up in places that are not very safe , '' he said .
He said it was hard to track how @ @ @ @ @ @ @ or extortion because no one is tracking that , and because migrants are afraid to report it .
Pastor Lorenzo Ortiz was driving a group of migrants from Nuevo Laredo to Monterrey when he got the news that the `` Remain in Mexico '' policy had been temporarily halted .
Then calls began pouring in to his cellphone from returned migrants stranded in Nuevo Laredo , asking if they should rush the international bridge to the U.S. “ There was a little bit of a panic , ” said Ortiz , who runs @ @ @ @ @ @ @ Nuevo Laredo .
The ruling `` created some conflict and confusion , '' he said .
`` I ’ m telling people to just wait , don ’ t do anything wrong that could impact your case.
” Ortiz said he hopes the U.S. government now takes the steps they did when throngs of Cuban migrants piled up at the foot of the bridge in Nuevo Laredo after the government abolished the `` wet foot/dry foot '' rule , which eased the way for Cubans reaching U.S. soil to stay in the U.S. @ @ @ @ @ @ @ President Obama , Customs and Border Protection officers took around 20 to 30 Cubans a day until they were all processed into the U.S. within about nine months , he said .
Ortiz said he doubts he will see the same orderly reaction this time around .
“ It sounds like good news , but I don ’ t think it ’ ll really be good news , ” he said .
“ Trump will find a way to stop this.
” Rafael Carranza covers the border and is based in Tucson , @ @ @ @ @ @ @ the USA TODAY Network .
Follow Rafael Carranza and Rick Jervis on Twitter : @ RafaelCarranza and @ MrRJervis .

Rafael Carranza and Rick Jervis, USA TODAY

Federal court temporarily halts Trump’s ‘Remain in Mexico’ policy — then reverses itself
Show Caption Hide Caption Federal court blocks Trump administration's 'Remain in Mexico' policy The Ninth Circuit Court of Appeals made the ruling regarding the program on Friday. Wibbitz
TUCSON, Ariz. – A federal appeals court has blocked the Trump administration’s policy of returning asylum-seekers to Mexico to await court hearings, a practice immigrant advocates have denounced as inhumane and deadly.
The decision on Friday by the 9th U.S. Circuit Court of Appeals in San Francisco deals a blow to the Trump administration. The process — called the Migrant Protection Protocols, or MPP, also known as "Remain in Mexico" — had been seen as another tool in President Donald Trump’s asylum crackdown.
Throngs of migrants in the program began gathering at international crossings in Ciudad Juarez and Matamoros, hoping to be let into the U.S. But the decision — and migrants' hopes — lasted only a few hours. Later on Friday, the 9th Circuit judges granted an emergency stay on the injunction, as requested by the Trump administration, effectively keeping MPP in place while further arguments are heard. The case appears to be headed to the U.S. Supreme Court.
"This evening, with support of DOJ attorneys and CBP’s declaration, the 9th Circuit granted a stay of its earlier order enjoining MPP," Acting CBP Commissioner Mark Morgan tweeted Late Friday. "@CBP will immediately reinstate MPP!"
Since the U.S. Department of Homeland Security rolled out the program in January 2019, the U.S. government has sent back more than 60,000 people to seven Mexican border cities from Tijuana to Matamoros. Those included some of those most dangerous areas of the border, exposing migrants to assaults, kidnappings, murders and extortion.
Feb. 27: President Trump's immigration crackdown inundates Supreme Court
Watch: Thousands chant against immigration policy across USA
U.S. authorities have argued that the policy keeps migrants from slipping into the U.S. and deters other migrants considering crossing from the U.S. southern border.
“This is really a tremendous decision recognizing the illegality of the Remain in Mexico program,” said Elissa Steglich, co-director of the Immigration Clinic at the University of Texas School of Law in Austin, who makes regular trips to Texas border towns to interview MPP migrants and monitor their legal proceedings. “It means that asylum-seekers can now have access to the U.S. asylum system in a humane way.”
A key question remains: What happens to the thousands of migrants currently in Mexico in the MPP program and will they be allowed to enter the U.S. to wait out their court dates?
“There should be immediate relief for those currently in the MPP program,” Steglich said. “Right now, it’s unclear what will happen.”
The 9th Circuit issued a separate ruling on Friday morning that reinstated a lower court's injunction blocking the Trump administration from enforcing a rule that made migrants ineligible for asylum if they crossed the U.S.-Mexico border in between the ports of entry.
The lawsuit
Eleven migrants sent back to Mexico under the program, and a collection of six civil rights advocates including Innovation Law Lab, Al Otro Lado and Tahirih Justice Center, filed a lawsuit last year, arguing that the policy violated U.S. immigration law.
A federal district court in California had issued a ruling blocking the policy during the case, but MPP continued while the U.S. government appealed.
In an 81-page opinion published on Friday morning, a three-judge panel with the 9th U.S. Circuit Court of Appeals in California found that the program "is inconsistent" with U.S. federal law and should be blocked entirely. Judges split 2-1 on the decision.
With an injunction in place, the case now likely returns to the district court to consider the suit itself.
During the time of the appeal, Homeland Security had expanded the program along the U.S.-Mexico border.
The U.S. government rolled out the Migrant Protection Protocols in San Diego-Tijuana in January 2019. It later began sending asylum-seekers to Mexico in Calexico-Mexicali at the California border; El Paso-Ciudad Juárez, Brownsville-Matamoros, Laredo-Nuevo Laredo and Eagle Pass-Piedras Negras along the Texas border; and Nogales-Nogales, Sonora, at the Arizona border.
In California: ICE ignores state immigration laws
"The panel concluded that there is a significant likelihood that the individual plaintiffs will suffer irreparable harm if the MPP is not enjoined; uncontested evidence in the record establishes that non-Mexicans returned to Mexico under the MPP risk substantial harm, even death, while they await adjudication of their applications for asylum," the court's opinion read.
Judges William Fletcher and Richard Paez, who were both appointed by President Bill Clinton, voted to block MPP. Judge Ferdinand Fernandez, an appointee of President Ronald Reagan, dissented.
Homeland Security Secretary Chad Wolf issued a statement calling the nationwide injunction "grave and reckless," while also accusing the judges of bypassing Congress and undermining the Constitution.
He referred to the Migrant Protection Protocols as a "gamechanger" that has allowed the U.S. government to process "meritorious" claims more quickly and to reduce fraudulent claims.
"By implementing MPP we have also effectively reduced the incentive for smugglers and traffickers to use children in their illicit cross-border activity," Wolf said. "Should this ruling stand, the safety and security of our border communities, international relationships and regional stability is at risk."
He confirmed they're working with the Justice Department to "expeditiously" appeal the court's "inexplicable" decision.
A spokesman for the Justice Department, which litigated on behalf of the government, criticized the 9th Circuit's decision, as well as the "impropriety" of nationwide injunctions to halt some of the administration's immigration and border enforcement policies.
"The Ninth Circuit’s decision not only ignores the Constitutional authority of Congress and the Administration for a policy in effect for over a year, but also extends relief beyond the parties before the Court," the department said in a statement.
The American Civil Liberties Union litigated the appeal before the 9th Circuit in October, along with the Southern Poverty Law Center and Center for Gender and Refugee Studies.
Judy Rabinovitz, an attorney with the ACLU’s Immigrants’ Rights Project, argued the case before the judges.
“The court forcefully rejected the Trump administration’s assertion that it could strand asylum seekers in Mexico and subject them to grave danger,” she said in a statement Friday. “It’s time for the administration to follow the law and stop putting asylum seekers in harm’s way.”
Michael Tan, the deputy director for the Immigrants' Rights Project, said it is almost certain the Trump administration will appeal.
The Justice Department has the option to ask a full panel of the 9th Circuit to review the case, a process known as en banc. Or, it can file an appeal directly to the Supreme Court, as it has done in other high-profile immigration cases, such as the administration's travel ban.
Regardless of which route it takes, Tan said, the Justice Department could once again ask the courts to stay Friday's decision, pending an appeal.
"We're under no illusion that the administration is going to take this one lying down," he said.
Al Otro Lado, a binational legal aid group based in California that has provided assistance to asylum-seekers returned under MPP to Tijuana and Mexicali, claimed victory following the court’s decision.
"A HUGE WIN! 9th circuit has sided with us in our lawsuit and reinstated the block on the ILLEGAL and inhumane Remain in Mexico Policy,” the group wrote on Twitter. “We suspect the government will appeal, but for now we are celebrating!”
Returned to violence
Human Rights First has counted 1,001 cases of attacks on MPP migrants, including kidnappings, rape, torture, murder and at least 228 kidnappings or attempted kidnappings of children.
In a recent report, Doctors Without Borders also reported that, in October alone, 75% of the migrants in the MPP program they spoke to in Nuevo Laredo had been recently kidnapped.
The labor union for federal asylum officers, the American Federation of Government Employees Local 1924, condemned the policy in an amicus briefing filed in June to go along with the lawsuit. “MPP abandons our tradition of providing a safe haven to the persecuted and violates our international and domestic legal obligations,” the union wrote.
Scott Weaver, an Austin attorney representing more than 50 MPP clients in Matamoros and Nuevo Laredo, said he was encouraged to hear of the court’s decision but didn’t know what it meant for his clients.
He feared ICE would now detain MPP migrants in U.S. immigration detention facilities as their asylum process played out, which would be better than the Mexican border towns they’re currently in but still not ideal, he said. He would like to see them paroled during their court process, he said.
“I’m concerned about what happens next,” Weaver said. “I’m sure they’ll be more hurdles for my clients.”
Across the border, José Ascención Moreno Mena expressed his satisfaction with the court's ruling given the "unnecessary risks" the policy exposed returned migrants to.
He leads the Coalición Pro Defense del Migrante, a collective of shelters and aid groups for migrants in Tijuana and Mexicali, the two cities where U.S. officials first implemented "Remain in Mexico."
Dec. 2018: New Trump administration policy requires asylum seekers to remain in Mexico, bans US entry
Despite a vast network of shelters in cities all along Mexican side of the border, many of them are continuously full, forcing migrants returned under MPP to find other accommodations.
"All these people are forced to go to places that are inhospitable, places where they run lots of risks. And since they don't know the city well, many times they end up in places that are not very safe," he said.
He said it was hard to track how many migrants sent back had suffered violence or extortion because no one is tracking that, and because migrants are afraid to report it.
Pastor Lorenzo Ortiz was driving a group of migrants from Nuevo Laredo to Monterrey when he got the news that the "Remain in Mexico" policy had been temporarily halted.
Then calls began pouring in to his cellphone from returned migrants stranded in Nuevo Laredo, asking if they should rush the international bridge to the U.S.
“There was a little bit of a panic,” said Ortiz, who runs two shelters filled with MPP migrants in Nuevo Laredo.
The ruling "created some conflict and confusion," he said. "I’m telling people to just wait, don’t do anything wrong that could impact your case.”
Ortiz said he hopes the U.S. government now takes the steps they did when throngs of Cuban migrants piled up at the foot of the bridge in Nuevo Laredo after the government abolished the "wet foot/dry foot" rule, which eased the way for Cubans reaching U.S. soil to stay in the U.S.
After that measure ended in 2017 under President Obama, Customs and Border Protection officers took around 20 to 30 Cubans a day until they were all processed into the U.S. within about nine months, he said.
Ortiz said he doubts he will see the same orderly reaction this time around.
“It sounds like good news, but I don’t think it’ll really be good news,” he said. “Trump will find a way to stop this.”
Rafael Carranza covers the border and is based in Tucson, Ariz. Jervis is based in Austin for the USA TODAY Network. Follow Rafael Carranza and Rick Jervis on Twitter: @RafaelCarranza and @MrRJervis.


usatoday--2020-02-29--Bernie Sanders is the national frontrunner, but Tennessee Democrats are divided over his shot at win

NASHVILLE — Democrats in Tennessee are under no illusion that the deeply red state will go to anyone other than President Donald Trump come November .
But as Democratic presidential candidates scramble this week to make stops or send surrogates to the state ahead of Super Tuesday , those active in the fight for the party ’ s relevance in Tennessee have a new source of heartburn , and it ’ s not the sitting president .
“ I think Senator Sanders obviously taps into the frustration and anger of people who have been let down by Washington , but @ @ @ @ @ @ @ how risky it could be to have Bernie at the top of the ticket , ” said state Senate Minority Leader Jeff Yarbro , who represents Nashville .
Yarbro has been a vocal supporter of Pete Buttigieg , an old Harvard acquaintance who is in a crowded fight to appeal to voters who aren ’ t looking for a Democratic socialist .
While Yarbro doesn ’ t have a race of his own this fall , he fears that state House and state Senate candidates in swing legislative districts here — where Democrats @ @ @ @ @ @ @ in the country will be judged by Sanders ’ more revolutionary message .
On Wednesday , Sanders ’ wife , Jane Sanders , made stops across Nashville throughout the afternoon and evening , marking the first time any high-profile surrogate for the campaign had come to the state this cycle to campaign .
“ I just don ’ t know that Tennessee swings that liberal , ” said Sen. Raumesh Akbari , D-Memphis , who is also chairwoman of the Senate Democratic Caucus .
“ We ’ re not talking about a Democrat @ @ @ @ @ @ @ who says in a tweet he is not in support of a traditional Democratic or traditional Republican Party .
“ He seems to be someone who wants to tear it all down.
” Akbari has thrown her support behind Joe Biden , who she believes can have appeal to a wide swath of voters .
Christopher Hale , who ran for Congress in 2018 and who is active in the state Democratic party , has spent recent weeks traveling to Iowa , New Hampshire , Nevada and South Carolina in support of both @ @ @ @ @ @ @ We are on the Titanic right now , ” Hale said of the Tennessee Democratic Party .
“ A Bernie Sanders victory would be an iceberg into our ship . ''
Hale believes Biden could win the primary in Tennessee based on his national reputation and name recognition , and likewise fears Sanders ' potential effect on some downballot races on the November ballot .
Democrats in the Tennessee General Assembly hold 26 out of 99 seats in the House , and just five out of 33 in the Senate .
Close races @ @ @ @ @ @ @ fall .
“ We won ’ t get those seats back until the second coming of Jesus Christ , ” he said of a possible Sanders nomination .
For a year , Sanders ' campaign in Tennessee has been grassroots To be sure , although Sanders has been the national frontrunner since winning in New Hampshire and Nevada , Tennessee Democrats overall are far more moderate than their counterparts in other parts of the country .
Hillary Clinton defeated Sanders by a 2-to-1 margin in the state 's 2016 primary , 66 percent @ @ @ @ @ @ @ this year , the more moderate candidates have put a greater emphasis on Tennessee , where Sanders himself has not campaigned .
Jane Sanders on Wednesday said her husband ’ s electability in Tennessee next week should not be questioned with his record in Iowa , New Hampshire and “ crushing victory ” in Nevada .
Tennessee voters , she said , will vote for Sanders if they want a candidate who will represent the working class , compared to other Democratic candidates who are accepting money from billionaires or running their own @ @ @ @ @ @ @ Moderate Democrats are offering half the loaf , '' she said in an interview .
`` They are coming up with ideas that help a bit , but do n't really get to the root causes of the issues . ''
Sanders , who this week has purchased his first television ad in the state , employs five staff members in Tennessee , but has had an active grassroots volunteer effort since he launched his 2020 bid last February .
The campaign reports that they 've received 80,000 donations totaling $ 1.2 million @ @ @ @ @ @ @ Bloomberg , Biden appear to have captured Tennesseans ’ attention As he has done in other states around the country , billionaire Mike Bloomberg has poured money into Tennessee , where the former New York mayor has employed 43 paid staff members and opened seven offices .
He has blanketed the airwaves with television ads .
While most of the candidates have n't returned to Tennessee since last year , Friday will mark Bloomberg ’ s fourth trip to the state in just over two months .
Bloomberg ’ s campaign declined to @ @ @ @ @ @ @ in Tennessee appears to dwarf that of any other candidate .
Nashville-area resident Lamar Gordon attended one of Bloomberg 's rallies and said he was leaning toward voting for him , despite not agreeing with all of his policies .
“ I was kind of leaning toward Joe Biden but he ’ s kind of slipping , ” Gordon said .
Marie Shoemaker in Memphis was unsure when she would vote in the Democratic presidential primary — if she would vote this past Tuesday , the last day of early voting , or @ @ @ @ @ @ @ But who she is voting for isn ’ t in doubt .
Shoemaker ’ s support is with Biden .
Her chief concern , beyond protecting the Affordable Care Act , was finding someone who `` can actually beat Trump.
” “ I think Joe Biden can beat him , '' she said .
`` I don ’ t think Bernie Sanders can . ''
The certified public accountant thinks Sanders is somewhat too far to the left to win the general election .
She believes Biden will restore and protect legislation passed @ @ @ @ @ @ @ Affordable Care Act 's passage in 2010 allowed her to go to the doctor for the first time in years , she said .
For a time , the public exchange was how she received her insurance , and without such an option , “ people can ’ t get help.
” “ He ’ s OK , ” she said .
“ I think he has too much baggage , ” citing Bloomberg ’ s “ stop and frisk ” policy that largely targeted African Americans and other minorities and reports on @ @ @ @ @ @ @ Right now we don ’ t need that baggage , ” she said .
But elsewhere in Memphis , notable politicians in the majority black city have supported and even embraced Bloomberg , despite stop and frisk .
At a Feb. 22. breakfast for Bloomberg event hosted by former U.S. Rep. Harold Ford Sr. and Memphis Mayor Jim Strickland , state Rep. Antonio Parkinson , a Democrat from the city , was among other African Americans who were satisfied that Bloomberg had apologized for the policy .
“ Every one of them has @ @ @ @ @ @ @ African-American community , ” Parkinson said from inside Ford ’ s packed funeral home banquet hall .
“ Now that that is even , which one of them can win ?
Which one of them has a history of governing … and which one of them has the resources to get it done ?
” Likewise , Gordon , the Nashville Bloomberg supporter , shrugged at the former mayor 's old policy .
`` I thought it was real bad , but hey , everybody makes mistakes , '' Gordon said .
Campaigning @ @ @ @ @ @ @ Democrats in the city saw during the 2016 presidential primary , said Gary Bynum , chair of the Davidson County Democratic Party .
`` The sheer number of candidates that have been on the Democratic side this year has just opened the door for a lot of people to get involved in the process , '' Bynum said .
At a recent Nashville meetup of Buttigieg supporters , Denise Sesler showed up early to help set up for the gathering held at Wine Down Nashville , a small wine bar in the Donelson @ @ @ @ @ @ @ I ever made calls for was H.W .
Bush , when I was 20 years old , '' Sesler said .
After being a longtime Republican , Sesler left the party in 2016 and voted for Clinton .
This time , she 's all in for Buttigieg , hosting small events in her Hillsboro Village home to tell friends about the 38-year-old former South Bend , Indiana mayor , and visiting other counties to knock on doors .
`` He 's a war veteran , he 's a Christian , he 's empathetic @ @ @ @ @ @ @ articulate , '' Sesler said .
`` And I am personally fine with his experience .
I don ’ t think he needs 30 years of Washington experience . ''
Elizabeth Warren 's campaign has been canvassing weekly since November .
She has 30 staff members in the state , and in recent days has relied on actress Ashley Judd to make appearances in her place in Tennessee .
They 've bought ads with black-owned radio stations across the state .
Tom Steyer , a billionare philanthropist , has hired community leaders to @ @ @ @ @ @ @ areas .
Steyer 's campaign employs 15 in Tennessee .
U.S. Sen. Amy Klobuchar of Minnesota makes her first stop in Tennessee on Friday and is now running television ads in the state as part of an ad buy across Super Tuesday locations .
While a number of Democratic voters who spoke with USA TODAY Network in Tennessee said they were open to supporting any Democrat facing Trump in November , Jason Bennett , of Murfreesboro , said he was n't sure he could vote for anyone but Sanders .
“ If you @ @ @ @ @ @ @ good battle , I 'm good with that , ” Bennett said .
“ I do n't want to go winning a battle that ’ s not a good battle.
” Bennett , who has at one point been homeless , said he is drawn to Sanders largely because of his health care ideas .
Sanders is calling for Medicare for all , and Bennett said he has not had health insurance since 2008 because he ca n't afford it .
With a split vote , Sanders could pull off a win in @ @ @ @ @ @ @ political science professor at Vanderbilt University and director of the Vanderbilt Poll , said polling nationwide on the primary race has been somewhat unclear .
But it has illustrated the predicament the more moderate-leaning Democrats find themselves in amid a crowded field .
`` A majority of Tennessee Democrats voting for Bernie Sanders , I do n't see it , '' Geer said .
`` Do I see how Sanders could somehow win a split vote ?
Yeah , I could see that . ''
Most of the Democrats interviewed across the state @ @ @ @ @ @ @ who can beat Trump — and to many , that doesn ’ t look like Sanders .
“ I don ’ t think that Bernie Sanders gives us our best shot at winning the 2020 election , '' Yarbro said .
`` And the stakes are really high . ''
Yihyun Jeong and Joel Ebert in Nashville , Sam Hardiman in Memphis , Tyler Whetsone in Knoxville , Brinley Hineman and Nancy DeGennaro in Murfreesboro and Jennifer Babich in Clarksville contributed .
Reach Natalie Allison at nallison @ tennessean.com .
Follow her on @ @ @ @ @ @ @ read more stories like this ?
A subscription to one of our Tennessee publications gets you unlimited access to all the latest politics news , podcasts like Grand Divisions , plus newsletters , a personalized mobile experience and the ability to tap into stories , photos and videos from throughout the USA TODAY Network 's 261 daily sites .

Bernie Sanders is the national frontrunner, but Tennessee Democrats are divided over his shot at winning
Show Caption Hide Caption What is Super Tuesday and why is it important? A previous version of this video displayed an incorrect date in a graphic. It was 1988 when 14 Southern and border states held their primaries. Just the FAQs, USA TODAY
NASHVILLE — Democrats in Tennessee are under no illusion that the deeply red state will go to anyone other than President Donald Trump come November.
But as Democratic presidential candidates scramble this week to make stops or send surrogates to the state ahead of Super Tuesday, those active in the fight for the party’s relevance in Tennessee have a new source of heartburn, and it’s not the sitting president.
It’s Bernie Sanders.
“I think Senator Sanders obviously taps into the frustration and anger of people who have been let down by Washington, but people shouldn’t kid themselves about how risky it could be to have Bernie at the top of the ticket,” said state Senate Minority Leader Jeff Yarbro, who represents Nashville.
Yarbro has been a vocal supporter of Pete Buttigieg, an old Harvard acquaintance who is in a crowded fight to appeal to voters who aren’t looking for a Democratic socialist.
While Yarbro doesn’t have a race of his own this fall, he fears that state House and state Senate candidates in swing legislative districts here — where Democrats are in a superminority — and elsewhere in the country will be judged by Sanders’ more revolutionary message.
On Wednesday, Sanders’ wife, Jane Sanders, made stops across Nashville throughout the afternoon and evening, marking the first time any high-profile surrogate for the campaign had come to the state this cycle to campaign.
“I just don’t know that Tennessee swings that liberal,” said Sen. Raumesh Akbari, D-Memphis, who is also chairwoman of the Senate Democratic Caucus. “We’re not talking about a Democrat, we’re talking about someone who says in a tweet he is not in support of a traditional Democratic or traditional Republican Party.
“He seems to be someone who wants to tear it all down.”
Akbari has thrown her support behind Joe Biden, who she believes can have appeal to a wide swath of voters.
Christopher Hale, who ran for Congress in 2018 and who is active in the state Democratic party, has spent recent weeks traveling to Iowa, New Hampshire, Nevada and South Carolina in support of both the Biden and Buttigieg campaigns.
“We are on the Titanic right now,” Hale said of the Tennessee Democratic Party. “A Bernie Sanders victory would be an iceberg into our ship."
Hale believes Biden could win the primary in Tennessee based on his national reputation and name recognition, and likewise fears Sanders' potential effect on some downballot races on the November ballot.
Democrats in the Tennessee General Assembly hold 26 out of 99 seats in the House, and just five out of 33 in the Senate. Close races are expected in multiple swing districts this fall.
“We won’t get those seats back until the second coming of Jesus Christ,” he said of a possible Sanders nomination.
For a year, Sanders' campaign in Tennessee has been grassroots
To be sure, although Sanders has been the national frontrunner since winning in New Hampshire and Nevada, Tennessee Democrats overall are far more moderate than their counterparts in other parts of the country.
Hillary Clinton defeated Sanders by a 2-to-1 margin in the state's 2016 primary, 66 percent to 32 percent. And so far this year, the more moderate candidates have put a greater emphasis on Tennessee, where Sanders himself has not campaigned.
Jane Sanders on Wednesday said her husband’s electability in Tennessee next week should not be questioned with his record in Iowa, New Hampshire and “crushing victory” in Nevada.
Democratic candidates debate before South Carolina and Super Tuesday Sanders and Bloomberg take on attacks from other candidates in final debate before South Carolina and Super Tuesday primaries. USA TODAY
Tennessee voters, she said, will vote for Sanders if they want a candidate who will represent the working class, compared to other Democratic candidates who are accepting money from billionaires or running their own campaign from their own fortunes.
“Moderate Democrats are offering half the loaf," she said in an interview. "They are coming up with ideas that help a bit, but don't really get to the root causes of the issues."
Sanders, who this week has purchased his first television ad in the state, employs five staff members in Tennessee, but has had an active grassroots volunteer effort since he launched his 2020 bid last February.
The campaign reports that they've received 80,000 donations totaling $1.2 million in Tennessee in that time period.
Bloomberg, Biden appear to have captured Tennesseans’ attention
As he has done in other states around the country, billionaire Mike Bloomberg has poured money into Tennessee, where the former New York mayor has employed 43 paid staff members and opened seven offices. He has blanketed the airwaves with television ads.
While most of the candidates haven't returned to Tennessee since last year, Friday will mark Bloomberg’s fourth trip to the state in just over two months.
Bloomberg’s campaign declined to provide spending totals, but his investment in Tennessee appears to dwarf that of any other candidate.
Nashville-area resident Lamar Gordon attended one of Bloomberg's rallies and said he was leaning toward voting for him, despite not agreeing with all of his policies.
“I was kind of leaning toward Joe Biden but he’s kind of slipping,” Gordon said.
Marie Shoemaker in Memphis was unsure when she would vote in the Democratic presidential primary — if she would vote this past Tuesday, the last day of early voting, or a week later on election day.
But who she is voting for isn’t in doubt. Shoemaker’s support is with Biden.
Her chief concern, beyond protecting the Affordable Care Act, was finding someone who "can actually beat Trump.”
“I think Joe Biden can beat him," she said. "I don’t think Bernie Sanders can."
The certified public accountant thinks Sanders is somewhat too far to the left to win the general election. She believes Biden will restore and protect legislation passed under former President Barack Obama.
The Affordable Care Act's passage in 2010 allowed her to go to the doctor for the first time in years, she said. For a time, the public exchange was how she received her insurance, and without such an option, “people can’t get help.”
Shoemaker was tepid on Bloomberg.
“He’s OK,” she said. “I think he has too much baggage,” citing Bloomberg’s “stop and frisk” policy that largely targeted African Americans and other minorities and reports on his treatment of female employees.
“Right now we don’t need that baggage,” she said.
But elsewhere in Memphis, notable politicians in the majority black city have supported and even embraced Bloomberg, despite stop and frisk.
At a Feb. 22. breakfast for Bloomberg event hosted by former U.S. Rep. Harold Ford Sr. and Memphis Mayor Jim Strickland, state Rep. Antonio Parkinson, a Democrat from the city, was among other African Americans who were satisfied that Bloomberg had apologized for the policy.
“Every one of them has things that have been unfavorable to the African-American community,” Parkinson said from inside Ford’s packed funeral home banquet hall. “Now that that is even, which one of them can win? Which one of them has a history of governing … and which one of them has the resources to get it done?”
Likewise, Gordon, the Nashville Bloomberg supporter, shrugged at the former mayor's old policy.
"I thought it was real bad, but hey, everybody makes mistakes," Gordon said.
Democratic campaigning in Nashville far exceeds 2016
Campaigning in Nashville this year far exceeds what Democrats in the city saw during the 2016 presidential primary, said Gary Bynum, chair of the Davidson County Democratic Party.
"The sheer number of candidates that have been on the Democratic side this year has just opened the door for a lot of people to get involved in the process," Bynum said.
At a recent Nashville meetup of Buttigieg supporters, Denise Sesler showed up early to help set up for the gathering held at Wine Down Nashville, a small wine bar in the Donelson area.
"The only other person I ever made calls for was H.W. Bush, when I was 20 years old," Sesler said.
After being a longtime Republican, Sesler left the party in 2016 and voted for Clinton. This time, she's all in for Buttigieg, hosting small events in her Hillsboro Village home to tell friends about the 38-year-old former South Bend, Indiana mayor, and visiting other counties to knock on doors.
"He's a war veteran, he's a Christian, he's empathetic, he's intelligent, he's articulate," Sesler said. "And I am personally fine with his experience. I don’t think he needs 30 years of Washington experience."
Elizabeth Warren's campaign has been canvassing weekly since November. She has 30 staff members in the state, and in recent days has relied on actress Ashley Judd to make appearances in her place in Tennessee. They've bought ads with black-owned radio stations across the state.
Tom Steyer, a billionare philanthropist, has hired community leaders to knock on doors in their own local areas. Steyer's campaign employs 15 in Tennessee.
U.S. Sen. Amy Klobuchar of Minnesota makes her first stop in Tennessee on Friday and is now running television ads in the state as part of an ad buy across Super Tuesday locations.
While a number of Democratic voters who spoke with USA TODAY Network in Tennessee said they were open to supporting any Democrat facing Trump in November, Jason Bennett, of Murfreesboro, said he wasn't sure he could vote for anyone but Sanders.
“If you lose a battle that’s a good battle, I'm good with that,” Bennett said. “I don't want to go winning a battle that’s not a good battle.”
Bennett, who has at one point been homeless, said he is drawn to Sanders largely because of his health care ideas. Sanders is calling for Medicare for all, and Bennett said he has not had health insurance since 2008 because he can't afford it.
With a split vote, Sanders could pull off a win in Tennessee, pollster says
John Geer, political science professor at Vanderbilt University and director of the Vanderbilt Poll, said polling nationwide on the primary race has been somewhat unclear. But it has illustrated the predicament the more moderate-leaning Democrats find themselves in amid a crowded field.
"A majority of Tennessee Democrats voting for Bernie Sanders, I don't see it," Geer said. "Do I see how Sanders could somehow win a split vote? Yeah, I could see that."
Most of the Democrats interviewed across the state were resolved just to get a candidate who can beat Trump — and to many, that doesn’t look like Sanders.
“I don’t think that Bernie Sanders gives us our best shot at winning the 2020 election," Yarbro said. "And the stakes are really high."
Yihyun Jeong and Joel Ebert in Nashville, Sam Hardiman in Memphis, Tyler Whetsone in Knoxville, Brinley Hineman and Nancy DeGennaro in Murfreesboro and Jennifer Babich in Clarksville contributed.
Reach Natalie Allison at nallison@tennessean.com. Follow her on Twitter at @natalie_allison.
Want to read more stories like this? A subscription to one of our Tennessee publications gets you unlimited access to all the latest politics news, podcasts like Grand Divisions, plus newsletters, a personalized mobile experience and the ability to tap into stories, photos and videos from throughout the USA TODAY Network's 261 daily sites.


usatoday--2020-02-29--Former Trump White House counsel Don McGahn doesn't have to testify after court dismisses lawsuit

WASHINGTON – A federal appeals court on Friday ruled that former White House counsel Don McGahn does not have to testify before the House Judiciary Committee in one of multiple , lingering investigations of President Donald Trump .
In a 2-1 decision , the appeals court ruled that the Constitution forbids federal courts `` from becoming an ombudsman '' who resolves disputes between the executive and legislative branches of government .
The decision hands the president a key legal victory and could close the door for testimony from some of his closest aides whom House Democrats have sought to hear @ @ @ @ @ @ @ on the 'judicial Power ' for good reasons .
Interbranch disputes are deeply political and often quite partisan , '' U.S. Court of Appeals for the D.C .
Circuit Judge Thomas Griffith wrote .
`` By restricting the role of the Judiciary , '' the Constitution `` preserves the 'public confidence ' in the federal courts . ''
In her dissenting opinion , U.S. Court of Appeals for the D.C .
Circuit Judge Judith Rogers said the court 's decision `` all but assures future Presidential stonewalling of Congress , and further impairs @ @ @ @ @ @ @ constitutional duties . ''
The committee subpoenaed McGahn in April 2019 to ask about potential obstruction of justice by Trump during special counsel Robert Mueller ’ s investigation of Russian interference in the 2016 election .
But the Justice Department has argued that he is immune from being compelled to testify , to protect the confidential advice that all presidents receive from top aides .
Justice Department spokeswoman Brianna Herlihy said the ruling recognizes that the House of Representatives `` can not invoke the power of the courts in its political disputes '' @ @ @ @ @ @ @ Nadler , D-N.Y. , said the House Judiciary Committee will seek a rehearing before the full appeals court .
`` If upheld , [ the ruling ] would destroy the power of Congress to gather information and hold this or any future administration accountable , '' said Nadler , the committee 's chairman .
`` Now more than ever , the courts can not abandon their responsibility to resolve legal disputes involving the President . ''
The court 's decision overturns a ruling by U.S. District Judge Ketanji Brown , who said in @ @ @ @ @ @ @ have the power '' to prevent his aides from responding to congressional subpoenas .
The McGahn case deals with the Russia probe rather than the Ukraine inquiry that resulted in the House impeaching Trump on Dec. 18 .
But the Senate acquitted him handily on Feb. 5 of charges that he abused the power of his office and obstructed Congress .
Despite that verdict , House Democrats said they would continue to investigate Trump on a variety of subjects .
The Supreme Court is scheduled to hear two cases March 31 where House @ @ @ @ @ @ @ financial records from his accountant , Mazars USA , and his lender , Deutsche Bank .
The McGahn case is one of two the appeals court heard during oral arguments last month .
The other sought access to grand jury evidence gathered in the Mueller investigation .
House general counsel Douglas Letter told the judges on the grand jury panel that the evidence could potentially lead to another impeachment .
“ That is on the table ; there is no doubt , ” Letter said .
Megan Barbero , House associate general counsel @ @ @ @ @ @ @ ’ s testimony could potentially lead to additional articles of impeachment for obstructing Mueller ’ s inquiry .
“ It is the pattern of misconduct that would be relevant , ” Barbero said .
U.S. District Court judges supported both subpoenas .
`` Stated simply , the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings , '' Jackson said in her McGahn ruling .
But the Justice Department appealed both rulings by arguing that both McGahn 's testimony and grand jury evidence should remain @ @ @ @ @ @ @ because he is featured several times in Mueller 's report , under episodes of possible obstruction .
•In June 2017 , Trump called McGahn at home and told him Mueller should be removed because he had conflicts of interest , according to the Mueller report .
McGahn decided he would rather resign than carry out that order .
He feared a repeat of the `` Saturday Night Massacre , '' which happened when top Justice Department officials resigned rather than carry out former President Richard Nixon 's order to fire the Watergate prosecutor @ @ @ @ @ @ @ Oval Office and pressured him again , according to the Mueller report .
McGahn refused .
McGahn later told Trump 's then-chief of staff , Reince Priebus , that the president had asked him to `` do crazy s -- - , '' according to the report .
•After news broke in early 2018 about Trump 's efforts to have Mueller fired , the president told White House staffers to tell McGahn to dispute the story and create a record stating he had not been ordered to remove Mueller , according to the @ @ @ @ @ @ @ .
He later told Mueller 's investigators that the news stories were accurate .
The Justice Department 's arguments about defying the subpoenas were met with deep skepticism from members of both appeals panels .
“ Has there ever been an instance of such a broad scale of defiance of Congress ?
” Judge Thomas Griffith asked Justice Department lawyer Hashim Mooppan , referring to the Trump administration 's refusal to cooperate with the House impeachment inquiry .
“ Has that ever happened ?
” Mooppan acknowledged there may be no precedent , @ @ @ @ @ @ @ s testimony by arguing the courts have no authority to intervene in a largely political dispute .
Judges spent most of the 80-minute hearing in the McGahn case questioning whether they should decide the matter at all .
Judge Karen Henderson pointedly asked Mooppan whether the administration believes the House could never ask the courts to enforce a subpoena against the executive branch .
“ That is our position , your honor , ” Mooppan said .
Judge Judith Rogers said judges were wrestling with whether and how to mediate in a period @ @ @ @ @ @ @ , when “ either they have to duke it out or nothing happens.
” “ That ’ s what we ’ re struggling with here , ” Rogers said .

Bart Jansen and Kristine Phillips, USA TODAY

Former Trump White House counsel Don McGahn doesn't have to testify after court dismisses lawsuit
Show Caption Hide Caption Don McGahn ignores House subpoena, Rep. Nadler says 'not acceptable' The White House's former top lawyer, Don McGahn, defied a congressional subpoena and skipped a hearing. USA TODAY
WASHINGTON – A federal appeals court on Friday ruled that former White House counsel Don McGahn does not have to testify before the House Judiciary Committee in one of multiple, lingering investigations of President Donald Trump.
In a 2-1 decision, the appeals court ruled that the Constitution forbids federal courts "from becoming an ombudsman" who resolves disputes between the executive and legislative branches of government. The decision hands the president a key legal victory and could close the door for testimony from some of his closest aides whom House Democrats have sought to hear from.
"The Constitution imposes limitations on the 'judicial Power' for good reasons. Interbranch disputes are deeply political and often quite partisan," U.S. Court of Appeals for the D.C. Circuit Judge Thomas Griffith wrote. "By restricting the role of the Judiciary," the Constitution "preserves the 'public confidence' in the federal courts."
In her dissenting opinion, U.S. Court of Appeals for the D.C. Circuit Judge Judith Rogers said the court's decision "all but assures future Presidential stonewalling of Congress, and further impairs the House's ability to perform its constitutional duties."
The committee subpoenaed McGahn in April 2019 to ask about potential obstruction of justice by Trump during special counsel Robert Mueller’s investigation of Russian interference in the 2016 election. But the Justice Department has argued that he is immune from being compelled to testify, to protect the confidential advice that all presidents receive from top aides.
Justice Department spokeswoman Brianna Herlihy said the ruling recognizes that the House of Representatives "cannot invoke the power of the courts in its political disputes" with the White House.
Rep. Jerrold Nadler, D-N.Y., said the House Judiciary Committee will seek a rehearing before the full appeals court.
"If upheld, [the ruling] would destroy the power of Congress to gather information and hold this or any future administration accountable," said Nadler, the committee's chairman. "Now more than ever, the courts cannot abandon their responsibility to resolve legal disputes involving the President."
The court's decision overturns a ruling by U.S. District Judge Ketanji Brown, who said in November that the president "does not have the power" to prevent his aides from responding to congressional subpoenas.
The McGahn case deals with the Russia probe rather than the Ukraine inquiry that resulted in the House impeaching Trump on Dec. 18. But the Senate acquitted him handily on Feb. 5 of charges that he abused the power of his office and obstructed Congress.
Despite that verdict, House Democrats said they would continue to investigate Trump on a variety of subjects. The Supreme Court is scheduled to hear two cases March 31 where House panels are seeking access to Trump's financial records from his accountant, Mazars USA, and his lender, Deutsche Bank.
The McGahn case is one of two the appeals court heard during oral arguments last month. The other sought access to grand jury evidence gathered in the Mueller investigation.
House general counsel Douglas Letter told the judges on the grand jury panel that the evidence could potentially lead to another impeachment.
“That is on the table; there is no doubt,” Letter said.
Megan Barbero, House associate general counsel, told the other panel that McGahn’s testimony could potentially lead to additional articles of impeachment for obstructing Mueller’s inquiry.
“It is the pattern of misconduct that would be relevant,” Barbero said.
U.S. District Court judges supported both subpoenas. "Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings," Jackson said in her McGahn ruling.
But the Justice Department appealed both rulings by arguing that both McGahn's testimony and grand jury evidence should remain confidential.
McGahn's testimony is tantalizing because he is featured several times in Mueller's report, under episodes of possible obstruction.
•In June 2017, Trump called McGahn at home and told him Mueller should be removed because he had conflicts of interest, according to the Mueller report. McGahn decided he would rather resign than carry out that order. He feared a repeat of the "Saturday Night Massacre," which happened when top Justice Department officials resigned rather than carry out former President Richard Nixon's order to fire the Watergate prosecutor.
•Trump met with McGahn in the Oval Office and pressured him again, according to the Mueller report. McGahn refused. McGahn later told Trump's then-chief of staff, Reince Priebus, that the president had asked him to "do crazy s---," according to the report.
•After news broke in early 2018 about Trump's efforts to have Mueller fired, the president told White House staffers to tell McGahn to dispute the story and create a record stating he had not been ordered to remove Mueller, according to the report. McGahn, again, refused. He later told Mueller's investigators that the news stories were accurate.
McGahn resigned in October 2018.
The Justice Department's arguments about defying the subpoenas were met with deep skepticism from members of both appeals panels.
“Has there ever been an instance of such a broad scale of defiance of Congress?” Judge Thomas Griffith asked Justice Department lawyer Hashim Mooppan, referring to the Trump administration's refusal to cooperate with the House impeachment inquiry. “Has that ever happened?”
Mooppan acknowledged there may be no precedent, yet he pressed to block McGahn’s testimony by arguing the courts have no authority to intervene in a largely political dispute.
Judges spent most of the 80-minute hearing in the McGahn case questioning whether they should decide the matter at all. Judge Karen Henderson pointedly asked Mooppan whether the administration believes the House could never ask the courts to enforce a subpoena against the executive branch.
“That is our position, your honor,” Mooppan said.
Judge Judith Rogers said judges were wrestling with whether and how to mediate in a period of noncooperation between the branches of government, when “either they have to duke it out or nothing happens.”
“That’s what we’re struggling with here,” Rogers said.


usatoday--2020-03-02--Pete Buttigieg suspends his campaign for the White House

Former Mayor of South Bend , Indiana , Pete Buttigieg has suspended his campaign for the Democratic presidential nomination .

Buttigieg ends his presidential campaign
Former Mayor of South Bend, Indiana, Pete Buttigieg has suspended his campaign for the Democratic presidential nomination.
USA TODAY, Wochit


usatoday--2020-03-02--Hashtag 'ThankYouPete' trends on Twitter after Buttigieg suspends presidential bid

INDIANAPOLIS – Shortly after former South Bend Mayor Pete Buttigieg announced that he was ending his campaign for the Democratic presidential nomination , the hashtag # thankyoupete began trending nationally on Twitter .
Buttigieg , the former mayor of South Bend , Indiana , who rose from political obscurity made history as the first openly gay man to win delegates in the race for the nomination of a major political party .
His exit from the race comes a day after his disappointing fourth-place finish in South Carolina and two days before Super Tuesday , when he was expected to @ @ @ @ @ @ @ Sen. Bernie Sanders and resurgence of former Vice President Joe Biden .
Buttigieg is heading back to South Bend , Indiana , where he plans to deliver a speech around 8:30 p.m. , his campaign told IndyStar .
`` Pete got into this race because our politics weren ’ t working , '' a campaign aide told IndyStar .
`` Our country was torn apart ; Washington wasn ’ t able to deliver solutions for everyday Americans ; systemic issues demanded urgent action . ''
President Donald Trump tweeted that Buttigieg 's decision @ @ @ @ @ @ @ would be a boon for former Vice President Joe Biden and the start of the end of Vermont Sen. Bernie Sanders presidential bid .
`` Pete Buttigieg is OUT .
All of his SuperTuesday votes will go to Sleepy Joe Biden .
Great timing .
This is the REAL beginning of the Dems taking Bernie out of play - NO NOMINATION , AGAIN ! ''

Hashtag 'ThankYouPete' trends on Twitter after Buttigieg suspends presidential bid
Show Caption Hide Caption Buttigieg ends his presidential campaign Former Mayor of South Bend, Indiana, Pete Buttigieg has suspended his campaign for the Democratic presidential nomination. USA TODAY, Wochit
INDIANAPOLIS – Shortly after former South Bend Mayor Pete Buttigieg announced that he was ending his campaign for the Democratic presidential nomination, the hashtag #thankyoupete began trending nationally on Twitter.
Buttigieg, the former mayor of South Bend, Indiana, who rose from political obscurity made history as the first openly gay man to win delegates in the race for the nomination of a major political party.
His exit from the race comes a day after his disappointing fourth-place finish in South Carolina and two days before Super Tuesday, when he was expected to continue to struggle amid the dominance of Sen. Bernie Sanders and resurgence of former Vice President Joe Biden.
Dear @PeteButtigieg,
Thank you.
Thank you for giving me hope that change can happen to our political system.
Thank you for the way you ran your campaign.
Thank you.
Please give me a chance to vote for you someday.#ThankYouPete — Heather C (@Heather34947654) March 1, 2020
Buttigieg is heading back to South Bend, Indiana, where he plans to deliver a speech around 8:30 p.m., his campaign told IndyStar.
I am STILL so incredibly honored to have cast my first vote for @PeteButtigieg. Thank you Mayor Pete for having the courage to do this for us. We always will have your back 💪🏼 #TeamPete 😭❤ #ThankyouPete pic.twitter.com/nJ9DgK3N62 — Alba 🐝 (@BeaAlba2010) March 1, 2020
"Pete got into this race because our politics weren’t working," a campaign aide told IndyStar. "Our country was torn apart; Washington wasn’t able to deliver solutions for everyday Americans; systemic issues demanded urgent action."
Pete Buttigieg drops out of the presidential race
The former South Bend, Indiana, mayor was the most successful openly gay candidate in primary history.
#thankyoupete #lgbt #PeteButtigieg pic.twitter.com/DrJKjZzqew — LGBT Feed Los Angeles (@lgbtfeedla) March 1, 2020
President Donald Trump tweeted that Buttigieg's decision - which comes before Super Tuesday - would be a boon for former Vice President Joe Biden and the start of the end of Vermont Sen. Bernie Sanders presidential bid.
"Pete Buttigieg is OUT. All of his SuperTuesday votes will go to Sleepy Joe Biden. Great timing. This is the REAL beginning of the Dems taking Bernie out of play - NO NOMINATION, AGAIN!"


usatoday--2020-03-02--Super Tuesday: California has huge role in Dem primary, but new vote centers a concern

LOS ANGELES – California 's primary , moved up by months and with a massive delegates haul , is expected to play a critical role in picking a Democratic presidential nominee Tuesday .
But the earlier date is n't the only change .
Voters in Los Angeles and several other counties must figure how and where to vote .
The Golden State joins 14 other states and territories in taking part in Super Tuesday , where its 415 pledged delegates will make up 30 % of the haul awarded on the pivotal primary day .
In some past elections , @ @ @ @ @ @ @ an election date so late in the primary season that it often rendered the contest meaningless in picking a presidential nominee .
This time , Californians are weighing in days after former Vice President Joe Biden 's decisive win in South Carolina , which hurt the early momentum of progressive U.S. Sen. Bernie Sanders of Vermont .
A recent Monmouth University poll showed Californians preferring Sanders with about 24 % of likely voters , followed by Biden with 17 % and former New York Mayor Mike Bloomberg with 10 % .
But after @ @ @ @ @ @ @ sentiments could change by Tuesday .
'This campaign has taken off ' : Biden 's blowout win in South Carolina could reshape nomination fight With the chance to vote earlier come myriad voting changes in California .
In Los Angeles County , one of the nation 's most populous when it comes to registered voters , the number of polling places is being sharply reduced – from about 4,500 to 976 .
And fancy new balloting machines could lead to confusion or a slowdown as voters learn to use them .
Some fear @ @ @ @ @ @ @ candidate a voter selects .
`` It could be an ugly , ugly Tuesday , '' said Frederic Woocher , an attorney who filed suit earlier this year on behalf of the city of Beverly Hills over the design of the machines , with some candidates fearing voters may not see their names on the long list of options .
President Donald Trump , as a shoo-in on the Republican ballot , need not worry .
Democrats , however , will be voting in a hotly contested primary in which no candidate yet @ @ @ @ @ @ @ Twenty candidates are on the Democratic ballot , including several who have already dropped out .
Besides the presidential contest , the most memorable thing about this year 's California primary will be the new voting protocols , starting with a more aggressive vote-by-mail campaign in several counties .
`` The California presidential primary may be on Super Tuesday , but for millions of Californians , it 's really Super February , '' said Secretary of State Alex Padilla in a statement .
Staking it all on Super Tuesday : How billionaire Michael @ @ @ @ @ @ @ Instead of having to request a vote-by-mail ballot , those registered in 14 California counties , including populous ones like Sacramento , Fresno , Santa Clara and Orange , are automatically receiving a ballot .
The biggest changes are coming in Los Angeles County , home to 5.4 million registered voters – more than the population of 42 states , according to Mike Sanchez , spokesman for the county registrar-recorder 's office .
It 's yet to be seen whether the more than 75 % reduction in polling places results in long lines @ @ @ @ @ @ @ , people can cast their ballots early , in-person : More than 43,000 ballots had been cast at the centers through Friday afternoon , Sanchez said .
The remaining voters will have to see if their voting location has changed and , if they wait until Tuesday , face the specter of lines to vote .
`` Despite substantial efforts to inform the electorate of new voting centers , no doubt some voters will be surprised to find their local precincts closed on Election Day , '' said Jeff Lewis , a political @ @ @ @ @ @ @ Los Angeles .
Officials believe fewer polling stations are required not just because of early voting , but also because more people are casting ballots by mail .
Statewide , some 67.7 % of ballots cast in the 2018 primary elections arrived by mail , compared to 25.3 % in 1998 , figures show .
The county also had to find locations where , unlike some home garages that used to serve as neighborhood polling sites , they would be able to have electricity for the new voting machines .
The machines can @ @ @ @ @ @ @ size to be enlarged , but some are concerned that they will lead to confusion .
In its lawsuit against the county , the city of Beverly Hills contends the machines have a design flaw .
Their digital readout can only display four candidates or other voting choices at a time .
For more , voters need to hit a `` more '' button to view the following page .
Attorney Woocher said the court agreed with the county that there was n't enough time to make changes in the system in time @ @ @ @ @ @ @ issue remains .
It 's drawn the attention of candidates like U.S. Rep. Ted Lieu and Rep. Jimmy Gomez , both Los Angeles-area Democrats , who tweeted concerns that voters may not be able to find their names on the ballot .
At one vote center at a recreation center near the Baldwin Hills section of Los Angeles , voters were n't exactly rushing to cast ballots .
Only one had voted in person by 10:30 a.m. Thursday , followed by 19 all of Wednesday , though workers there were expecting the pace @ @ @ @ @ @ @ Others dropped off completed ballots .
`` People do n't know you can vote over 11 days , '' said Chrissy Clark , among those staffing the station .
To help get out the word at a high school , she said her daughter covered her backpack in `` I voted '' stickers .
The changes result from passage of a state law , the Voter 's Choice Act , in 2016 .
In formulating the new system , California officials visited Colorado , which has been a leader in early voting and @ @ @ @ @ @ @ , said Amber McReynolds , CEO of the National Vote At Home Institute and former director of elections in Denver .
Utah , Washington and Oregon have also had extended voting periods and extensive vote-at-home efforts .
All , McReynolds said , have seen higher voter participation levels .
She said , too , that increased voter participation did not appear to impact results .
She noted that in a Colorado general election in 2014 , the Democratic governor was reelected but the incumbent Democratic senator was turned out of office .
The @ @ @ @ @ @ @ n't help one side or the other , '' she said .
Losing momentum ?
Sanders supporters denounce news outlets calling S.C. primary for Biden 'with 0 % ' of the vote Not all agree early voting helps turnout .
A 2013 study conducted by four University of Wisconsin researchers and published in the American Journal of Political Science asserts that early voting by itself suppresses turnout because it reduces the significance of the election and provides less of an incentive for campaigns to get voters to the polls .
But early voting @ @ @ @ @ @ @ , a professor of political science at the University of Georgia , because of the flexibility it affords people with busy lives at home and at work .
The system , however , stands the best chance of working when voters are fully informed of the changes .
`` Early voting can certainly make things easier for those who want to vote , but removing Election Day polling places can cause some problems , '' said Michael Hanmer , professor of government and politics at the University of Maryland .
`` The information @ @ @ @ @ @ @ and how the candidates and parties mobilize supporters will matter a great deal . ''
'You brought me back ' : Joe Biden rallies supporters after convincing South Carolina primary win

LOS ANGELES – California's primary, moved up by months and with a massive delegates haul, is expected to play a critical role in picking a Democratic presidential nominee Tuesday.
But the earlier date isn't the only change. Voters in Los Angeles and several other counties must figure how and where to vote.
The Golden State joins 14 other states and territories in taking part in Super Tuesday, where its 415 pledged delegates will make up 30% of the haul awarded on the pivotal primary day. In some past elections, Californians had to wait until June, an election date so late in the primary season that it often rendered the contest meaningless in picking a presidential nominee.
What is Super Tuesday and why is it a dealbreaker for presidential candidate campaigns? A previous version of this video displayed an incorrect date in a graphic. It was 1988 when 14 Southern and border states held their primaries. Just the FAQs, USA TODAY
This time, Californians are weighing in days after former Vice President Joe Biden's decisive win in South Carolina, which hurt the early momentum of progressive U.S. Sen. Bernie Sanders of Vermont. A recent Monmouth University poll showed Californians preferring Sanders with about 24% of likely voters, followed by Biden with 17% and former New York Mayor Mike Bloomberg with 10%. But after the South Carolina contest, Californians' sentiments could change by Tuesday.
'This campaign has taken off': Biden's blowout win in South Carolina could reshape nomination fight
With the chance to vote earlier come myriad voting changes in California. In Los Angeles County, one of the nation's most populous when it comes to registered voters, the number of polling places is being sharply reduced – from about 4,500 to 976. And fancy new balloting machines could lead to confusion or a slowdown as voters learn to use them.
A voter prepares her ballot in a voting booth during early voting for the California presidential primary election at a new L.A. County Mobile Vote Center Mario Tama, Getty Images
Some fear the new machines could even influence which candidate a voter selects.
"It could be an ugly, ugly Tuesday," said Frederic Woocher, an attorney who filed suit earlier this year on behalf of the city of Beverly Hills over the design of the machines, with some candidates fearing voters may not see their names on the long list of options.
President Donald Trump, as a shoo-in on the Republican ballot, need not worry. Democrats, however, will be voting in a hotly contested primary in which no candidate yet has a lock on the nomination. Twenty candidates are on the Democratic ballot, including several who have already dropped out.
Besides the presidential contest, the most memorable thing about this year's California primary will be the new voting protocols, starting with a more aggressive vote-by-mail campaign in several counties.
"The California presidential primary may be on Super Tuesday, but for millions of Californians, it's really Super February," said Secretary of State Alex Padilla in a statement.
Staking it all on Super Tuesday: How billionaire Michael Bloomberg is campaigning for the White House
Instead of having to request a vote-by-mail ballot, those registered in 14 California counties, including populous ones like Sacramento, Fresno, Santa Clara and Orange, are automatically receiving a ballot.
The biggest changes are coming in Los Angeles County, home to 5.4 million registered voters – more than the electorates in 42 states, according to Mike Sanchez, spokesman for the county registrar-recorder's office.
It's yet to be seen whether the more than 75% reduction in polling places results in long lines Tuesday. Along with voting by mail, people can cast their ballots early, in-person: More than 43,000 ballots had been cast at the centers through Friday afternoon, Sanchez said.
The remaining voters will have to see if their voting location has changed and, if they wait until Tuesday, face the specter of lines to vote.
Election security: California has pushed to beef up election security, but ultimately the fate rests with local officials
A voter prepares her ballot in a voting booth during early voting for the California presidential primary election at a new L.A. County Mobile Vote Center outside Universal Studios Hollywood Mario Tama, Getty Images
"Despite substantial efforts to inform the electorate of new voting centers, no doubt some voters will be surprised to find their local precincts closed on Election Day," said Jeff Lewis, a political science professor at the University of California Los Angeles.
Officials believe fewer polling stations are required not just because of early voting, but also because more people are casting ballots by mail. Statewide, some 67.7% of ballots cast in the 2018 primary elections arrived by mail, compared to 25.3% in 1998, figures show.
The county also had to find locations where, unlike some home garages that used to serve as neighborhood polling sites, they would be able to have electricity for the new voting machines. The machines can support 13 languages and allow the type size to be enlarged, but some are concerned that they will lead to confusion.
In its lawsuit against the county, the city of Beverly Hills contends the machines have a design flaw. Their digital readout can only display four candidates or other voting choices at a time. For more, voters need to hit a "more" button to view the following page.
Attorney Woocher said the court agreed with the county that there wasn't enough time to make changes in the system in time for the March primary, so the issue remains.
It's drawn the attention of candidates like U.S. Rep. Ted Lieu and Rep. Jimmy Gomez, both Los Angeles-area Democrats, who tweeted concerns that voters may not be able to find their names on the ballot.
This big ballot flaw also affects other Members including @RepRoybalAllard and @RepJimmyGomez. Many voters in those districts also need to hit the “more” button to see their names if they are voting electronically. https://t.co/pbsIRbpjBA — Ted Lieu (@tedlieu) February 26, 2020
At one vote center at a recreation center near the Baldwin Hills section of Los Angeles, voters weren't exactly rushing to cast ballots. Only one had voted in person by 10:30 a.m. Thursday, followed by 19 all of Wednesday, though workers there were expecting the pace to pick up on the weekend. Others dropped off completed ballots.
"People don't know you can vote over 11 days," said Chrissy Clark, among those staffing the station. To help get out the word at a high school, she said her daughter covered her backpack in "I voted" stickers.
The changes result from passage of a state law, the Voter's Choice Act, in 2016.
In formulating the new system, California officials visited Colorado, which has been a leader in early voting and mailing ballots in advance to all voters, said Amber McReynolds, CEO of the National Vote At Home Institute and former director of elections in Denver. Utah, Washington and Oregon have also had extended voting periods and extensive vote-at-home efforts. All, McReynolds said, have seen higher voter participation levels.
She said, too, that increased voter participation did not appear to impact results. She noted that in a Colorado general election in 2014, the Democratic governor was reelected but the incumbent Democratic senator was turned out of office. The split "kind of shows it doesn't help one side or the other," she said.
Losing momentum? Sanders supporters denounce news outlets calling S.C. primary for Biden 'with 0%' of the vote
Voters prepare their ballots in voting booths during early voting for the California presidential primary election at a new L.A. County Mobile Vote Center Mario Tama, Getty Images
Not all agree early voting helps turnout. A 2013 study conducted by four University of Wisconsin researchers and published in the American Journal of Political Science asserts that early voting by itself suppresses turnout because it reduces the significance of the election and provides less of an incentive for campaigns to get voters to the polls.
'You brought me back': Joe Biden rallies supporters after convincing South Carolina primary win
But early voting has become popular, said Trey Hood, a professor of political science at the University of Georgia, because of the flexibility it affords people with busy lives at home and at work.
The system, however, stands the best chance of working when voters are fully informed of the changes.
"Early voting can certainly make things easier for those who want to vote, but removing Election Day polling places can cause some problems," said Michael Hanmer, professor of government and politics at the University of Maryland. "The information campaign from election officials about early voting and how the candidates and parties mobilize supporters will matter a great deal."
Corrections & Clarifications: Clarifies that 42 states have fewer registered voters than Los Angeles County, according to a spokesman for the county registrar-recorder.