freebeacon--2020-05-06--De Blasio: Universal Healthcare Would’ve Helped to ‘Beat Back’ Coronavirus

New York City mayor Bill de Blasio suggested on Wednesday that a universal health care system would have `` beat back '' the coronavirus outbreak .
`` This is a real wakeup call , and certainly it speaks powerfully to why we need a more universal approach to health care , which if we had had it , I think , would have been one of the ways to beat back this disease .
Universal health care and universal testing would have been the ways to stop this thing , '' de Blasio said on MSNBC 's Morning Joe .
@ @ @ @ @ @ @ health care systems and testing strategies `` did a hell of a lot better '' than the United States in fighting the virus , which should spur a reevaluation of `` the whole approach to health care . ''
According to a Johns Hopkins University report , the United States has the second-lowest coronavirus death rate of any developed nation .
Most of the countries with higher death rates than America 's have universal health care systems , and countries with single-payer health care systems , such as the United Kingdom , have @ @ @ @ @ @ @ In early April , the New York Times published a report saying de Blasio had made numerous mistakes in responding to the coronavirus during the previous month .
He faced criticism for ignoring warning signs about the pandemic , according to the Times , and he also misinformed New Yorkers about the danger posed by the virus and failed to follow his own guidelines by going to the gym .

New York City mayor Bill de Blasio suggested on Wednesday that a universal health care system would have "beat back" the coronavirus outbreak.
"This is a real wakeup call, and certainly it speaks powerfully to why we need a more universal approach to health care, which if we had had it, I think, would have been one of the ways to beat back this disease. Universal health care and universal testing would have been the ways to stop this thing," de Blasio said on MSNBC's Morning Joe.
The mayor also said countries with universal health care systems and testing strategies "did a hell of a lot better" than the United States in fighting the virus, which should spur a reevaluation of "the whole approach to health care."
According to a Johns Hopkins University report, the United States has the second-lowest coronavirus death rate of any developed nation. Most of the countries with higher death rates than America's have universal health care systems, and countries with single-payer health care systems, such as the United Kingdom, have struggled with shortages of coronavirus tests.
In early April, the New York Times published a report saying de Blasio had made numerous mistakes in responding to the coronavirus during the previous month. He faced criticism for ignoring warning signs about the pandemic, according to the Times, and he also misinformed New Yorkers about the danger posed by the virus and failed to follow his own guidelines by going to the gym.


freebeacon--2020-05-06--Speculation About Kim’s Death Could Be a Sign of Waning Relations Between North Korea, China

As speculation about the medical condition of North Korean dictator Kim Jong Un has died down since North Korean state media reported his emergence after a three-week absence , many are questioning the origins of those rumors .
Analysts told the Washington Free Beacon that rumors about Kim 's demise were shopped around by sources in China , a sign that the relationship between the two countries has taken a hit .
While China continues to be a reliable trade partner to North Korea , the relationship between the two countries is tense and has a long , complex history @ @ @ @ @ @ @ colder , China was wary its own interests were n't being considered as North Korea entered dialogues with South Korea and the United States in 2018 .
Kim disappeared from all state media reports after April 11 .
He did not attend a public ceremony commemorating the April 15 birthday of his grandfather , founder of the Democratic People 's Republic of Korea , Kim Il Sung .
There was some speculation that something had gone wrong during an April 14 launch of new cruise missiles .
Some observers speculated that Kim had @ @ @ @ @ @ @ others reported that he had had a cardiac episode sometime in the middle of April .
By the end of April , signs emerged that Kim was alive .
North Korea watchers told the Free Beacon that rumors of Kim 's death came from China .
Chinese sources gave accounts in the April 24 issue of a Japanese weekly magazine that Kim had suffered a cardiac event in the countryside .
Those sources said he was taken to the hospital for an emergency procedure which was unsuccessful .
And Reuters reported on April @ @ @ @ @ @ @ team of Chinese doctors and medical personnel were dispatched to the DPRK in an effort to aid in Kim 's recovery .
A North Korea analyst told the Free Beacon that the near-total control of North Korea over external telephone and internet communications meant it was hard to believe Chinese medical personnel would be able to transmit news quickly out of the country .
`` But whether or not the story is true is not the issue , '' continued the analyst .
`` From Pyongyang 's standpoint this was a betrayal of @ @ @ @ @ @ @ if it is all fake then Beijing was deliberately trying to undermine Kim and create an image of weakness in front of the Americans . ''
That mistrust took a turn for the worse on April 27 with the release of a video on the Telegram mobile messaging app showing the Chinese military relocating vehicles and equipment to Dandong , the largest Chinese city on the border with North Korea and the site of a steady flow of illegal cross-border commercial activity , as well as weapons sales .
Intelligence sources confirmed reports @ @ @ @ @ @ @ a normal rotation or deployment for China 's PLA or even a training exercise .
`` This is Beijing pre-positioning units in case of a collapse in the DPRK regime ’ s control and they are preparing for any eventuality , '' said an intelligence officer with experience in tracking Chinese military movements .
This all raises the issue of who and what could have benefited from these false rumors about Kim 's health .
The intelligence officer suggested the rumors were a diversion to get the world 's mind off blaming China @ @ @ @ @ @ @ entire world is furious with [ China ] over the COVID-19 epidemic—the perception that Beijing could have contained the outbreak but purposely elected not to—with the result that damage to the world ’ s economy is now off the scale , '' the officer said .
`` It is entirely possible that this was the Chinese Communist Party fecklessly looking for a diversion—any diversion—so that the world ’ s attention might shift to another crisis and forget about plans for ‘ how to get even with China . '
''

As speculation about the medical condition of North Korean dictator Kim Jong Un has died down since North Korean state media reported his emergence after a three-week absence, many are questioning the origins of those rumors.
Analysts told the Washington Free Beacon that rumors about Kim's demise were shopped around by sources in China, a sign that the relationship between the two countries has taken a hit.
While China continues to be a reliable trade partner to North Korea, the relationship between the two countries is tense and has a long, complex history of mutual suspicion. As relations grew colder, China was wary its own interests weren't being considered as North Korea entered dialogues with South Korea and the United States in 2018.
Kim disappeared from all state media reports after April 11. He did not attend a public ceremony commemorating the April 15 birthday of his grandfather, founder of the Democratic People's Republic of Korea, Kim Il Sung. There was some speculation that something had gone wrong during an April 14 launch of new cruise missiles.
Some observers speculated that Kim had been injured during the launch, while others reported that he had had a cardiac episode sometime in the middle of April. By the end of April, signs emerged that Kim was alive.
North Korea watchers told the Free Beacon that rumors of Kim's death came from China.
Chinese sources gave accounts in the April 24 issue of a Japanese weekly magazine that Kim had suffered a cardiac event in the countryside. Those sources said he was taken to the hospital for an emergency procedure which was unsuccessful.
And Reuters reported on April 24 that three sources verified that a team of Chinese doctors and medical personnel were dispatched to the DPRK in an effort to aid in Kim's recovery.
A North Korea analyst told the Free Beacon that the near-total control of North Korea over external telephone and internet communications meant it was hard to believe Chinese medical personnel would be able to transmit news quickly out of the country.
"But whether or not the story is true is not the issue," continued the analyst. "From Pyongyang's standpoint this was a betrayal of confidence if it has been true and if it is all fake then Beijing was deliberately trying to undermine Kim and create an image of weakness in front of the Americans."
That mistrust took a turn for the worse on April 27 with the release of a video on the Telegram mobile messaging app showing the Chinese military relocating vehicles and equipment to Dandong, the largest Chinese city on the border with North Korea and the site of a steady flow of illegal cross-border commercial activity, as well as weapons sales.
Intelligence sources confirmed reports that these movements were not part of a normal rotation or deployment for China's PLA or even a training exercise.
"This is Beijing pre-positioning units in case of a collapse in the DPRK regime’s control and they are preparing for any eventuality," said an intelligence officer with experience in tracking Chinese military movements.
This all raises the issue of who and what could have benefited from these false rumors about Kim's health. The intelligence officer suggested the rumors were a diversion to get the world's mind off blaming China for the coronavirus pandemic.
"The entire world is furious with [China] over the COVID-19 epidemic—the perception that Beijing could have contained the outbreak but purposely elected not to—with the result that damage to the world’s economy is now off the scale," the officer said. "It is entirely possible that this was the Chinese Communist Party fecklessly looking for a diversion—any diversion—so that the world’s attention might shift to another crisis and forget about plans for ‘how to get even with China.'"


freebeacon--2020-05-06--Lawsuit Challenges Constitutionality of Wisconsin’s Stay-at-Home Order

Two Wisconsin citizens are challenging the state 's stay-at-home order in court , arguing the executive order is unconstitutional because it singles out religious and political expression .
Democratic governor Tony Evers 's `` Safer at Home '' order prohibits public or private gatherings of more than 10 people except under specific circumstances , such as shopping .
It also restricts religious gatherings to fewer than 10 individuals .
The lawsuit argues that Evers 's policy limits the constitutionally protected religious and political expression of Wisconsin citizens , according to Charles Cooper , the lead attorney for the plaintiffs .
@ @ @ @ @ @ @ state does n't have a compelling interest in addressing this health care crisis .
We concede and recognize that , '' Cooper told the Washington Free Beacon .
`` The point is that the state ca n't single out or discriminate against and disadvantage individuals who seek to leave their homes for these constitutionally protected purposes . ''
The lawsuit comes in the midst of uncertainty over the future of statewide lockdown orders .
Legal challenges have been filed against the policies in a number of states from groups that have faced limitations @ @ @ @ @ @ @ , Second Amendment activists , abortionists , and churches .
Cooper filed the lawsuit on behalf of two Wisconsin citizens who see the order as overreaching and unjust in its treatment of religious gatherings .
`` The state has clearly gone too far , needlessly infringing our most basic constitutional liberties to an extent that is without precedent and that would have been virtually unimaginable in a free society just two months ago , '' Jeré Fabick , one of the plaintiffs , said .
The lawsuit acknowledges the gravity of the coronavirus @ @ @ @ @ @ @ 70,000 lives and crippled economic activity in the United States .
The suit argues that the state 's restrictions , while enacted in good faith , have needlessly trampled on the rights of residents .
The plaintiffs take issue with the singling out of religious gatherings , along with the order 's effective ban on any political demonstration and nonessential travel .
Certain gatherings , such as at grocery stores , are allowed , though individuals are encouraged to practice social distancing .
The plaintiffs say that religious believers have been denied an @ @ @ @ @ @ @ instead face blanket shutdowns from the Evers administration .
`` The petitioners we represent are entirely willing to abide by general masking and social distancing protocols that the state has put in place for other types of groupings , '' Cooper said .
Cooper said the Justice Department has indicated its support for lawsuits challenging stay-at-home restrictions .
In April , Attorney General William Barr issued a memorandum stating that the department will be focusing on overly stringent lockdown orders .
Some states have begun to lift restrictions on businesses and organizations that @ @ @ @ @ @ @ for social distancing and attention to hygiene .
Others argue that it is too soon to lift the orders .
New models indicate that deaths from the coronavirus will exceed 100,000 by the end of the summer , and President Trump 's statement that there could be a vaccine before the end of the year has been met with skepticism .
Evers issued a roadmap for getting Wisconsin back to normal after the worst of the coronavirus pandemic has passed .
The criteria include 14 consecutive days of declining coronavirus case counts and @ @ @ @ @ @ @ .
The timeline for the recovery is not specified .
Evers 's office did not respond to a request for comment on the lawsuit .
Cooper stressed the importance of balancing constitutional rights with concerns about public health .
`` The executive officials in Wisconsin have quite understandably taken firm action to protect the public health of the citizenry .
But they ’ ve gone too far in their restrictions on fundamental constitutional liberties , '' Cooper said .
`` In that respect , they have used a machete where the Constitution requires @ @ @ @ @ @ @ scalpel when they 're restricting those liberties . ''

Two Wisconsin citizens are challenging the state's stay-at-home order in court, arguing the executive order is unconstitutional because it singles out religious and political expression.
Democratic governor Tony Evers's "Safer at Home" order prohibits public or private gatherings of more than 10 people except under specific circumstances, such as shopping. It also restricts religious gatherings to fewer than 10 individuals. The lawsuit argues that Evers's policy limits the constitutionally protected religious and political expression of Wisconsin citizens, according to Charles Cooper, the lead attorney for the plaintiffs.
"The point isn't that the state doesn't have a compelling interest in addressing this health care crisis. We concede and recognize that," Cooper told the Washington Free Beacon. "The point is that the state can't single out or discriminate against and disadvantage individuals who seek to leave their homes for these constitutionally protected purposes."
The lawsuit comes in the midst of uncertainty over the future of statewide lockdown orders. Legal challenges have been filed against the policies in a number of states from groups that have faced limitations due to the coronavirus, including businesses, Second Amendment activists, abortionists, and churches. Cooper filed the lawsuit on behalf of two Wisconsin citizens who see the order as overreaching and unjust in its treatment of religious gatherings.
"The state has clearly gone too far, needlessly infringing our most basic constitutional liberties to an extent that is without precedent and that would have been virtually unimaginable in a free society just two months ago," Jeré Fabick, one of the plaintiffs, said.
The lawsuit acknowledges the gravity of the coronavirus crisis, which has claimed more than 70,000 lives and crippled economic activity in the United States. The suit argues that the state's restrictions, while enacted in good faith, have needlessly trampled on the rights of residents.
The plaintiffs take issue with the singling out of religious gatherings, along with the order's effective ban on any political demonstration and nonessential travel. Certain gatherings, such as at grocery stores, are allowed, though individuals are encouraged to practice social distancing. The plaintiffs say that religious believers have been denied an opportunity to adopt similar safety measures and instead face blanket shutdowns from the Evers administration.
"The petitioners we represent are entirely willing to abide by general masking and social distancing protocols that the state has put in place for other types of groupings," Cooper said.
Cooper said the Justice Department has indicated its support for lawsuits challenging stay-at-home restrictions. In April, Attorney General William Barr issued a memorandum stating that the department will be focusing on overly stringent lockdown orders.
"I am directing each of our United States Attorneys to also be on the lookout for state and local directives that could be violating the constitutional rights and civil liberties of individual citizens," Barr wrote. "If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court." Religious liberty suits have found mixed success in court. A federal judge in Kansas blocked the implementation of a stay-at-home rule because the ban on gatherings of more than 10 people violated religious freedoms. A federal judge in California, however, rejected a pastor's claim that California's lockdown order violated First Amendment rights.
Some states have begun to lift restrictions on businesses and organizations that were deemed nonessential while emphasizing the need for social distancing and attention to hygiene. Others argue that it is too soon to lift the orders. New models indicate that deaths from the coronavirus will exceed 100,000 by the end of the summer, and President Trump's statement that there could be a vaccine before the end of the year has been met with skepticism.
Evers issued a roadmap for getting Wisconsin back to normal after the worst of the coronavirus pandemic has passed. The criteria include 14 consecutive days of declining coronavirus case counts and hospitals showing sufficient treatment and testing capacities. The timeline for the recovery is not specified.
Evers's office did not respond to a request for comment on the lawsuit.
Cooper stressed the importance of balancing constitutional rights with concerns about public health.
"The executive officials in Wisconsin have quite understandably taken firm action to protect the public health of the citizenry. But they’ve gone too far in their restrictions on fundamental constitutional liberties," Cooper said. "In that respect, they have used a machete where the Constitution requires that they take care to use a scalpel when they're restricting those liberties."


freebeacon--2020-05-07--How Do You Solve a Problem Like Illinois?

As a coronavirus-driven cash crunch collides with nearly two decades of unbalanced budgets and exorbitant pension spending , insolvency is on the horizon in Illinois .
The state 's Democratic lawmakers have sounded the alarm , telling their federal counterparts that an unavoidable budget shortfall requires a $ 40 billion bailout .
But state Republicans have blanched at the idea of a bailout that does not fix underlying structural issues that they say would guarantee another ask when the next crisis hits .
The dispute has become a headscratcher for members of Congress , who are already negotiating another round @ @ @ @ @ @ @ who torpedoed other coronavirus money over state funding , have promised that this latest wave will include provisions to make Illinois and other states whole .
Republicans , meanwhile , have been more wary , questioning whether the federal taxpayer should pick up such a large tab without strings attached .
Illinois , which has among the highest tax burdens and worst-funded pension systems in the country , is likely to be used by both sides as a key example in the ensuing back-and-forth .
Grappling with the Prairie State 's dire straits @ @ @ @ @ @ @ lawmakers to deal with bigger questions : whether to bail out other similarly underfunded states—including Sen. Mitch McConnell 's ( R. ) own state of Kentucky—and what , if any , policy concessions they can reasonably extract in the process .
Many states are feeling the fiscal weight of the coronavirus shutdown .
Illinois expects to be particularly hard hit , Illinois Senate president Don Harmon wrote in an April letter to Sen. Dick Durbin ( D. , Ill. ) , facing an estimated $ 14.1 billion revenue shortfall over the coming year @ @ @ @ @ @ @ in block grant funding , as well as $ 10 billion to cover nearly $ 200 billion in outstanding pension liabilities and $ 6 billion in unemployment trust fund aid .
Illinois governor J.B. Pritzker ( D. ) has also called for more money for his and other states , over and above the $ 4.9 billion the state received specifically to fight the coronavirus under the CARES Act .
Harmon and Pritzker 's Democratic counterparts in Congress are listening—Speaker of the House Nancy Pelosi ( D. , Calif. ) has repeatedly said @ @ @ @ @ @ @ a major priority in the next round of coronavirus stimulus .
This relief , Democrats argue , is needed because of the fiscal nightmare in front of states .
State governments are leading the fight against the novel coronavirus but are simultaneously facing massive budget shortfalls , up to 25 percent in the next fiscal year .
Sales tax revenues have dried up while state income taxes have largely been postponed .
States also lack the borrowing power of the federal government , resulting in an even bigger cash crunch just as they @ @ @ @ @ @ @ that the feds should step in ?
Illinois state senator Jason Plummer ( R. ) told the Washington Free Beacon it 's not that simple .
`` When the Illinois State Senate Democratic Caucus requested all that money , they did n't request that money to bail out the families of Illinois .
They requested that money to bail themselves out , '' Plummer said .
`` They 're just going to take that money and plug some holes .
But the things that cause those holes will continue to exist . ''
@ @ @ @ @ @ @ all that 's behind Illinois 's current budget shortfall .
Adam Schuster , budget and tax research director at the conservative group Illinois Policy , noted that some states have substantial `` rainy day funds '' that prepare them for the predictable event of a budget shortfall in case of a financial crisis—Arizona , for example , can cover about a 15 percent shortfall .
Illinois , however , does not ; in fact , Schuster said , it has not had a balanced budget since 2001 .
That fiscal irresponsibility is largely @ @ @ @ @ @ @ : As Schuster described it , `` Illinois has virtually become a pension system with a small state government attached to it . ''
State employees routinely retire in their 50s , after which they can expect millions in payouts over the rest of their lives—benefits guaranteed by the state constitution .
The state lacks the fiscal capacity to fund these liabilities , which is why just 38 percent of its current obligations are funded—the third least-funded state in the nation .
While the pension system is the `` 900-pound elephant in the @ @ @ @ @ @ @ is just the start of the state 's fiscal issues .
He noted that Illinois has more units of government than any other state , 35 percent more than runner-up Texas .
That may be why Illinois taxpayers pay the highest state and local tax rates as a percentage of income in the nation .
The idea of bailing out a situation like Illinois 's is part of what has congressional Republicans blanching at the idea of free money for states .
Sen. Marco Rubio ( R. , Fla. ) , for example @ @ @ @ @ @ @ need to be backstopped , that did not need to extend to states ' self-imposed liabilities .
Those concerns are partially about cost , but they are also about moral hazard—the idea that bailing out irresponsible actors will encourage them to keep making risky bets in the future .
At the same time , Illinois—and other states like it—will almost certainly need federal funds , lest it 's unable to pay policemen , firefighters , and other essential workers .
How to resolve this conundrum ?
A few options have emerged .
States @ @ @ @ @ @ @ funds regardless of their fiscal solvency , likely on the order of $ 500 billion .
That approach appears to be favored by Democratic leadership .
Alternately , some Republicans—including McConnell—have floated the idea of allowing states to go bankrupt , which would require a change in federal law but would allow the restructuring of their debts .
The most likely outcome , however , is that Congress will hammer out a deal where states get money either in exchange for another Republican priority—like payroll tax cuts—or with `` strings '' attached , @ @ @ @ @ @ @ 'd like to see any state taking federal money to certify that its pension systems are sound , it has truly balanced budgets , and it has built up a `` rainy day '' fund—all things with which his state will struggle .
Plummer made clear that if his state gets a bailout , it would need to come with major , mandatory changes to the state 's fiscal conduct .
`` If they want federal money , Washington , D.C. , must demand that Illinois and other states lower their skyrocketing costs @ @ @ @ @ @ @ economies , '' he said .
`` If this does n't happen , Illinois will soon be back begging for more and there will be no incentive for other states to do things the right way . ''

As a coronavirus-driven cash crunch collides with nearly two decades of unbalanced budgets and exorbitant pension spending, insolvency is on the horizon in Illinois.
The state's Democratic lawmakers have sounded the alarm, telling their federal counterparts that an unavoidable budget shortfall requires a $40 billion bailout. But state Republicans have blanched at the idea of a bailout that does not fix underlying structural issues that they say would guarantee another ask when the next crisis hits.
The dispute has become a headscratcher for members of Congress, who are already negotiating another round of coronavirus relief spending. Democrats, who torpedoed other coronavirus money over state funding, have promised that this latest wave will include provisions to make Illinois and other states whole. Republicans, meanwhile, have been more wary, questioning whether the federal taxpayer should pick up such a large tab without strings attached.
Illinois, which has among the highest tax burdens and worst-funded pension systems in the country, is likely to be used by both sides as a key example in the ensuing back-and-forth. Grappling with the Prairie State's dire straits, however, will also force federal lawmakers to deal with bigger questions: whether to bail out other similarly underfunded states—including Sen. Mitch McConnell's (R.) own state of Kentucky—and what, if any, policy concessions they can reasonably extract in the process.
Many states are feeling the fiscal weight of the coronavirus shutdown. Illinois expects to be particularly hard hit, Illinois Senate president Don Harmon wrote in an April letter to Sen. Dick Durbin (D., Ill.), facing an estimated $14.1 billion revenue shortfall over the coming year. Harmon asked for $15 billion in block grant funding, as well as $10 billion to cover nearly $200 billion in outstanding pension liabilities and $6 billion in unemployment trust fund aid.
Illinois governor J.B. Pritzker (D.) has also called for more money for his and other states, over and above the $4.9 billion the state received specifically to fight the coronavirus under the CARES Act. Harmon and Pritzker's Democratic counterparts in Congress are listening—Speaker of the House Nancy Pelosi (D., Calif.) has repeatedly said that fiscal relief for states will be a major priority in the next round of coronavirus stimulus.
This relief, Democrats argue, is needed because of the fiscal nightmare in front of states. State governments are leading the fight against the novel coronavirus but are simultaneously facing massive budget shortfalls, up to 25 percent in the next fiscal year. Sales tax revenues have dried up while state income taxes have largely been postponed. States also lack the borrowing power of the federal government, resulting in an even bigger cash crunch just as they most need it.
Does that mean that the feds should step in? Illinois state senator Jason Plummer (R.) told the Washington Free Beacon it's not that simple.
"When the Illinois State Senate Democratic Caucus requested all that money, they didn't request that money to bail out the families of Illinois. They requested that money to bail themselves out," Plummer said. "They're just going to take that money and plug some holes. But the things that cause those holes will continue to exist."
That's because the coronavirus is not all that's behind Illinois's current budget shortfall. Adam Schuster, budget and tax research director at the conservative group Illinois Policy, noted that some states have substantial "rainy day funds" that prepare them for the predictable event of a budget shortfall in case of a financial crisis—Arizona, for example, can cover about a 15 percent shortfall. Illinois, however, does not; in fact, Schuster said, it has not had a balanced budget since 2001.
That fiscal irresponsibility is largely driven by the state's pension system: As Schuster described it, "Illinois has virtually become a pension system with a small state government attached to it." State employees routinely retire in their 50s, after which they can expect millions in payouts over the rest of their lives—benefits guaranteed by the state constitution. The state lacks the fiscal capacity to fund these liabilities, which is why just 38 percent of its current obligations are funded—the third least-funded state in the nation.
While the pension system is the "900-pound elephant in the room," Plummer said, it is just the start of the state's fiscal issues. He noted that Illinois has more units of government than any other state, 35 percent more than runner-up Texas. That may be why Illinois taxpayers pay the highest state and local tax rates as a percentage of income in the nation.
The idea of bailing out a situation like Illinois's is part of what has congressional Republicans blanching at the idea of free money for states. Sen. Marco Rubio (R., Fla.), for example, said Wednesday that while essential services need to be backstopped, that did not need to extend to states' self-imposed liabilities.
Those concerns are partially about cost, but they are also about moral hazard—the idea that bailing out irresponsible actors will encourage them to keep making risky bets in the future. At the same time, Illinois—and other states like it—will almost certainly need federal funds, lest it's unable to pay policemen, firefighters, and other essential workers.
How to resolve this conundrum?
A few options have emerged. States could receive a massive infusion of federal funds regardless of their fiscal solvency, likely on the order of $500 billion. That approach appears to be favored by Democratic leadership. Alternately, some Republicans—including McConnell—have floated the idea of allowing states to go bankrupt, which would require a change in federal law but would allow the restructuring of their debts.
The most likely outcome, however, is that Congress will hammer out a deal where states get money either in exchange for another Republican priority—like payroll tax cuts—or with "strings" attached, mandating financial responsibility. Schuster said he'd like to see any state taking federal money to certify that its pension systems are sound, it has truly balanced budgets, and it has built up a "rainy day" fund—all things with which his state will struggle.
Plummer made clear that if his state gets a bailout, it would need to come with major, mandatory changes to the state's fiscal conduct.
"If they want federal money, Washington, D.C., must demand that Illinois and other states lower their skyrocketing costs that are squeezing taxpayers and ruining state economies," he said. "If this doesn't happen, Illinois will soon be back begging for more and there will be no incentive for other states to do things the right way."


freebeacon--2020-05-07--Kentucky Lawsuit Seeks to Exempt Religious Gatherings From Stay-at-Home Order

A religious liberty law firm filed a lawsuit Wednesday against Kentucky governor Andy Beshear ( D. ) arguing that in-person religious services should be among those allowed during the stay-at-home order .
First Liberty Institute requested a temporary stay of Beshear 's order on behalf of Tabernacle Baptist Church of Nicholasville , Ky .
The suit argues that the order allows indoor gatherings under specific circumstances , such as mass transit or shopping centers , but excludes religious gatherings .
`` Just because you can , on May 20 , does n't mean that you 're ready , '' Beshear @ @ @ @ @ @ @ should make sure they have had enough time to communicate with their congregations about the safety of religious services .
Beshear added that his administration would be issuing guidance early next week on having larger gatherings .
`` The Constitution forbids the government from burdening churches with restrictions that are not imposed on other entities , '' said Roger Byron , senior counsel for First Liberty Institute .
`` The fundamental rights of religious Americans who seek to abide by the public health guidelines during this pandemic may not be singled out for @ @ @ @ @ @ @ seeing more legal challenges as states begin to gradually reopen their economies .
Two Wisconsin citizens filed a lawsuit against the state 's Democratic governor arguing the lockdown order violated constitutional rights to religious practice and assembly .

A religious liberty law firm filed a lawsuit Wednesday against Kentucky governor Andy Beshear (D.) arguing that in-person religious services should be among those allowed during the stay-at-home order.
First Liberty Institute requested a temporary stay of Beshear's order on behalf of Tabernacle Baptist Church of Nicholasville, Ky. The suit argues that the order allows indoor gatherings under specific circumstances, such as mass transit or shopping centers, but excludes religious gatherings.
The administration "allowed indoor gatherings to occur in numerous, specifically-enumerated circumstances so long as social distancing precautions are observed," the suit states, claiming that excluding religious services places a "substantial burden" on religious exercise. The church is committed to following the Centers for Disease Control's guidance on social distancing during services, according to the suit. It adds that Jessamine County, where the church is located, has also not reported a significant number of coronavirus cases. Like many other states, Kentucky is preparing to lift restrictions in the coming weeks. The first wave of businesses, including construction companies and office-based businesses, may open with limited capacity on May 11, followed by more businesses on May 20 and May 25. Beshear addressed religious gatherings at a press conference Wednesday, urging caution on reintroducing large crowds at religious observances.
"Just because you can, on May 20, doesn't mean that you're ready," Beshear said. He said that faith leaders should make sure they have had enough time to communicate with their congregations about the safety of religious services.
Beshear added that his administration would be issuing guidance early next week on having larger gatherings.
"The Constitution forbids the government from burdening churches with restrictions that are not imposed on other entities," said Roger Byron, senior counsel for First Liberty Institute. "The fundamental rights of religious Americans who seek to abide by the public health guidelines during this pandemic may not be singled out for onerous restrictions."
Stay-at-home orders are seeing more legal challenges as states begin to gradually reopen their economies. Two Wisconsin citizens filed a lawsuit against the state's Democratic governor arguing the lockdown order violated constitutional rights to religious practice and assembly.


freebeacon--2020-05-07--Federal Judge Says Massachusetts Gun Stores Can Reopen Saturday

A federal judge ordered Massachusetts to allow gun stores to reopen on May 9 , in a decision that could pave the way for a future Supreme Court ruling on the constitutionality of shutdowns .
United States District Judge Douglas P. Woodlock said there was `` no justification '' for Gov .
Charlie Baker 's total shutdown of gun stores in the state during the coronavirus pandemic .
He granted a preliminary injunction against the executive order and said stores could reopen so long as they operate on an appointment basis and follow strict social distancing rules .
`` I @ @ @ @ @ @ @ this very small corner of this emergency , we don ’ t surrender our constitutional rights , '' Judge Woodlock said during Thursday 's hearing on the case , according to the Boston Globe .
`` These plaintiffs … have constitutional rights that deserve respect and vindication .
And it becomes necessary for a court to do that . ''
Baker 's office did not return request for comment .
Thursday 's decision created a split in federal courts about the legality of gun store shutdowns , which could trigger a Supreme Court @ @ @ @ @ @ @ While Judge Woodlock ruled the Massachusetts ban was unconstitutional , two federal judges ruled that California localities could shutter gun stores in April .
With the cases facing appeals , higher courts may soon be forced to answer the question as well , according to Josh Blackman , a constitutional law professor at the South Texas College of Law Houston .
`` This case may likely get relief at the Supreme Court because of the narrow nature of the injunction , '' Blackman said .
Gun-rights groups that filed the case against Massachusetts @ @ @ @ @ @ @ influence cases they 've brought against other jurisdictions over the same issue .
`` Constitutional rights are never put on hold because of an emergency , including the outbreak of a virus , '' Alan Gottlieb , founder of the Second Amendment Foundation—a plaintiff in the Massachusetts case—said in a statement .
`` Too many elected officials think otherwise , and we ’ re having to deal with them one lawsuit a time , same as we ’ re taking on Governor Baker . ''
Federal coronavirus guidelines have declared gun stores essential @ @ @ @ @ @ @ Amendment Foundation wants to ensure that states follow those recommendations .
`` We can think of nothing that is more essential than exercising a right protected by the Constitution , especially during a declared state of emergency , '' he said .
`` We will continue pressing these cases wherever they ’ ve shown up because we ’ re not just talking about business here , we ’ re talking about rights . ''
Judge Woodlock denied a request by the state to put a stay on the order as it debates whether @ @ @ @ @ @ @ able to reopen at noon on Saturday .

'In this very small corner of this emergency, we don’t surrender our constitutional rights'
A federal judge ordered Massachusetts to allow gun stores to reopen on May 9, in a decision that could pave the way for a future Supreme Court ruling on the constitutionality of shutdowns.
United States District Judge Douglas P. Woodlock said there was "no justification" for Gov. Charlie Baker's total shutdown of gun stores in the state during the coronavirus pandemic. He granted a preliminary injunction against the executive order and said stores could reopen so long as they operate on an appointment basis and follow strict social distancing rules.
"I have enough information to say, in this very small corner of this emergency, we don’t surrender our constitutional rights," Judge Woodlock said during Thursday's hearing on the case, according to the Boston Globe. "These plaintiffs ... have constitutional rights that deserve respect and vindication. And it becomes necessary for a court to do that."
Baker's office did not return request for comment.
Thursday's decision created a split in federal courts about the legality of gun store shutdowns, which could trigger a Supreme Court review of the policy's constitutionality. While Judge Woodlock ruled the Massachusetts ban was unconstitutional, two federal judges ruled that California localities could shutter gun stores in April. With the cases facing appeals, higher courts may soon be forced to answer the question as well, according to Josh Blackman, a constitutional law professor at the South Texas College of Law Houston.
"This case may likely get relief at the Supreme Court because of the narrow nature of the injunction," Blackman said.
Gun-rights groups that filed the case against Massachusetts celebrated the ruling, saying it could influence cases they've brought against other jurisdictions over the same issue.
"Constitutional rights are never put on hold because of an emergency, including the outbreak of a virus," Alan Gottlieb, founder of the Second Amendment Foundation—a plaintiff in the Massachusetts case—said in a statement. "Too many elected officials think otherwise, and we’re having to deal with them one lawsuit a time, same as we’re taking on Governor Baker."
Federal coronavirus guidelines have declared gun stores essential businesses, and Gottlieb said the Second Amendment Foundation wants to ensure that states follow those recommendations.
"We can think of nothing that is more essential than exercising a right protected by the Constitution, especially during a declared state of emergency," he said. "We will continue pressing these cases wherever they’ve shown up because we’re not just talking about business here, we’re talking about rights."
Judge Woodlock denied a request by the state to put a stay on the order as it debates whether to appeal. Gun stores will be able to reopen at noon on Saturday.


freebeacon--2020-05-07--The End of the Campus Crusade

The End of the Campus Crusade

Hats off to Secretary of Education Betsy DeVos , who earlier this week officially reformed the rules governing sexual misconduct claims on America 's college campuses .
The move made Joe Biden unhappy ; he immediately promised to reverse Devos 's reversal .
Odd , given that the misconduct charge he faces would see him booted from most universities under the old rules , which were implemented when he was vice president .
It 's been hard , however , for Biden 's media allies to find fault with Devos 's plan .
She has carefully designed a program grounded @ @ @ @ @ @ @ comment—a sharp departure from the status quo ante .
President Obama 's changes , issued in an unreviewed `` dear colleague '' letter in 2011 , were swift , revolutionary , and based on shoddy evidence of a campus rape crisis—in particular the claim , parroted by the president at the time , that one in five college-aged women had been raped .
The message to colleges was clear : churn out guilty verdicts or lose your federal funding .
Universities responded with draconian policies , preemptively removing accused students from campus and @ @ @ @ @ @ @ they faced .
The effect was to legally solemnize the academic notion of `` rape culture , '' the idea that every man is a rapist , some just have n't acted yet .
Inevitably , that hurt students , like the young man relentlessly hounded by his college simply because another student said he reminded her of a man who raped her .
He was not alone : Since 2011 , over 600 students have sued their universities for denial of due process .
Devos , by contrast , preferred a slow @ @ @ @ @ @ @ put it , `` the era of rule by letters is over . ''
The result is an effective corrective for the previous regime 's worst excesses .
The new changes do not mandate a higher standard of evidence but require colleges to use the same standards for students and faculty ; the Obama guidance universally imposed a `` more likely than not '' standard for students that they were free to ignore when charges were leveled against their faculty members .
Devos has also restored the right of the accused to , @ @ @ @ @ @ @ right , Antonin Scalia once wrote , designed to preclude inquisitorial justice .
Devos also limited some of the dangerous innovations in campus investigations .
Schools must now let accused students see evidence against them , stopping the suppression of exculpatory facts .
The rules also prohibit the use of `` single investigators , '' officials who act as judge , jury , and executioner in proceedings .
These changes do not tilt the scales of justice against victims ; they balance them , giving accuser and accused alike a fair shot .
@ @ @ @ @ @ @ aid to colleges which for years had to bend to the show-trial demands of the radical left—a state of affairs that DeVos was right to say , was distinctly un-American .

Hats off to Secretary of Education Betsy DeVos, who earlier this week officially reformed the rules governing sexual misconduct claims on America's college campuses.
The move made Joe Biden unhappy; he immediately promised to reverse Devos's reversal. Odd, given that the misconduct charge he faces would see him booted from most universities under the old rules, which were implemented when he was vice president.
It's been hard, however, for Biden's media allies to find fault with Devos's plan. She has carefully designed a program grounded in principle and subjected to rigorous public comment—a sharp departure from the status quo ante.
President Obama's changes, issued in an unreviewed "dear colleague" letter in 2011, were swift, revolutionary, and based on shoddy evidence of a campus rape crisis—in particular the claim, parroted by the president at the time, that one in five college-aged women had been raped.
The message to colleges was clear: churn out guilty verdicts or lose your federal funding. Universities responded with draconian policies, preemptively removing accused students from campus and routinely denying them details about the accusations they faced. The effect was to legally solemnize the academic notion of "rape culture," the idea that every man is a rapist, some just haven't acted yet.
Inevitably, that hurt students, like the young man relentlessly hounded by his college simply because another student said he reminded her of a man who raped her. He was not alone: Since 2011, over 600 students have sued their universities for denial of due process.
Devos, by contrast, preferred a slow, transparent rulemaking process: As she put it, "the era of rule by letters is over." The result is an effective corrective for the previous regime's worst excesses.
The new changes do not mandate a higher standard of evidence but require colleges to use the same standards for students and faculty; the Obama guidance universally imposed a "more likely than not" standard for students that they were free to ignore when charges were leveled against their faculty members. Devos has also restored the right of the accused to, through an adviser, confront their accusers—a right, Antonin Scalia once wrote, designed to preclude inquisitorial justice.
Devos also limited some of the dangerous innovations in campus investigations. Schools must now let accused students see evidence against them, stopping the suppression of exculpatory facts. The rules also prohibit the use of "single investigators," officials who act as judge, jury, and executioner in proceedings.
These changes do not tilt the scales of justice against victims; they balance them, giving accuser and accused alike a fair shot. That's an important corrective, giving aid to colleges which for years had to bend to the show-trial demands of the radical left—a state of affairs that DeVos was right to say, was distinctly un-American.


freebeacon--2020-05-07--MI Lawmakers Seek Subpoena as Whitmer Walks Back Transparency Pledge

Michigan lawmakers may soon subpoena officials from Democrat Gretchen Whitmer 's administration after the governor walked back a pledge to cooperate with an investigation into the state 's coronavirus response .
The state legislature created a special oversight committee to examine Whitmer 's handling of the pandemic after the governor awarded a lucrative coronavirus-related contract to a major Democratic consulting firm .
Committee chairman Matt Hall sent a letter to state house and senate leadership on Tuesday requesting full subpoena power for the committee , noting that the legislature has `` requested information numerous times from the administration and received @ @ @ @ @ @ @ turn away from transparency `` irked '' the Republican state representative .
`` I have received thousands of calls and emails over the past several weeks about decisions made by the administration during the coronavirus outbreak , '' Hall said in a statement .
`` People are facing incredible hardship and they deserve answers from decision-makers . ''
Whitmer told reporters on Monday she would `` absolutely '' allow administration officials to testify before the committee if requested , but her office quickly walked back the pledge .
Just hours after the press @ @ @ @ @ @ @ Gongwer News Service Michigan the oversight committee `` does not have power to compel testimony . ''
She said state officials would `` do their best to accommodate requests to participate '' so long as the requests are `` reasonable '' and `` the committee does not veer into partisan attack . ''
Whitmer rescinded the contract after the Washington Free Beacon revealed that her campaign had previously hired the liberal data firm .
The conflict of interest and subsequent investigation could hurt Whitmer as she navigates a public audition for the role @ @ @ @ @ @ @ Joe Biden .
While she assured Michigan residents during an April CNN interview that she is spending `` every ounce of energy '' on the state 's coronavirus response , an unnamed adviser told the New York Times on Sunday that Whitmer was `` keenly interested '' in the role .
The Michigan Democrat has continued to benefit from national media appearances , including a Wednesday afternoon live stream with Elle magazine that avoided the controversy .
Whitmer 's office did not respond to a request for comment .
Whitmer faced criticism in @ @ @ @ @ @ @ contact tracing project to Great Lakes Community Engagement , an organization run by Democratic political consultant Mike Kolehouse .
Kolehouse planned to use liberal data firm NGP VAN to collect public health information from Michigan residents .
Following Whitmer 's termination of the contract , Kolehouse , who was set to earn nearly $ 200,000 in the deal , took down the website for his consulting firm as well as his Twitter , Facebook , and LinkedIn accounts .
The awarding and subsequent cancellation of the contract raised the eyebrows of Michigan lawmakers @ @ @ @ @ @ @ .
`` If there 's no wrongdoing here , you defend the contract .
You do n't immediately terminate it , '' GOP representative Shane Hernandez told the Free Beacon in April .
`` We deserve to know how this contract came about . ''
State legislators held a special session in the wake of the contract controversy to create the Joint Select Committee on the COVID-19 Pandemic .
While the committee does have the power to subpoena documents , it can not compel state officials to testify .
It will likely look @ @ @ @ @ @ @ Department of Health and Human Services after Whitmer blamed the decision on the agency during an April press conference .
The health department went on to attribute the decision to four individuals—state epidemiologist Dr. Sarah Lyon-Callo , opioid strategy senior adviser Andrea Taverna , HIV/STD programs director Kathryn Macomber , and communicable disease division manager Joe Coyle .
The state legislature 's coronavirus oversight committee is not the only entity investigating Whitmer 's administration in connection to the contract .
Michigan attorney general Dana Nessel agreed to investigate the controversy in late April @ @ @ @ @ @ @ Jim Runestad .
Michigan Republicans have cast doubt on the validity of the Democrat 's investigation , citing the fact that Nessel paid NGP VAN more than $ 5,000 during her 2018 campaign .
An April NBC News report profiling Whitmer described Nessel as a close ally of the governor , saying that `` there 's no one she would rather enter into battle with . ''
`` The people of Michigan deserve to know the truth about what happened with this scheme for political groups to collect COVID data , '' Stu @ @ @ @ @ @ @ attorney general Mike Cox , told the Free Beacon .
`` Because Dana Nessel used NGP VAN in her campaign and her relationship with the Governor and the Governor 's Executive Staff , it would be appropriate that Nessel establish a conflict wall . ''
Nessel 's office did not respond to request for comment .

Michigan lawmakers may soon subpoena officials from Democrat Gretchen Whitmer's administration after the governor walked back a pledge to cooperate with an investigation into the state's coronavirus response.
The state legislature created a special oversight committee to examine Whitmer's handling of the pandemic after the governor awarded a lucrative coronavirus-related contract to a major Democratic consulting firm. Committee chairman Matt Hall sent a letter to state house and senate leadership on Tuesday requesting full subpoena power for the committee, noting that the legislature has "requested information numerous times from the administration and received little in response." Whitmer's turn away from transparency "irked" the Republican state representative.
"I have received thousands of calls and emails over the past several weeks about decisions made by the administration during the coronavirus outbreak," Hall said in a statement. "People are facing incredible hardship and they deserve answers from decision-makers."
Whitmer told reporters on Monday she would "absolutely" allow administration officials to testify before the committee if requested, but her office quickly walked back the pledge. Just hours after the press conference, Whitmer spokeswoman Tiffany Brown told Gongwer News Service Michigan the oversight committee "does not have power to compel testimony." She said state officials would "do their best to accommodate requests to participate" so long as the requests are "reasonable" and "the committee does not veer into partisan attack."
Whitmer rescinded the contract after the Washington Free Beacon revealed that her campaign had previously hired the liberal data firm. The conflict of interest and subsequent investigation could hurt Whitmer as she navigates a public audition for the role of vice president under presumptive Democratic nominee Joe Biden. While she assured Michigan residents during an April CNN interview that she is spending "every ounce of energy" on the state's coronavirus response, an unnamed adviser told the New York Times on Sunday that Whitmer was "keenly interested" in the role. The Michigan Democrat has continued to benefit from national media appearances, including a Wednesday afternoon live stream with Elle magazine that avoided the controversy.
Whitmer's office did not respond to a request for comment.
Whitmer faced criticism in April after her administration awarded a state contact tracing project to Great Lakes Community Engagement, an organization run by Democratic political consultant Mike Kolehouse. Kolehouse planned to use liberal data firm NGP VAN to collect public health information from Michigan residents. Following Whitmer's termination of the contract, Kolehouse, who was set to earn nearly $200,000 in the deal, took down the website for his consulting firm as well as his Twitter, Facebook, and LinkedIn accounts. The awarding and subsequent cancellation of the contract raised the eyebrows of Michigan lawmakers, who quickly called for legislative oversight.
"If there's no wrongdoing here, you defend the contract. You don't immediately terminate it," GOP representative Shane Hernandez told the Free Beacon in April. "We deserve to know how this contract came about."
State legislators held a special session in the wake of the contract controversy to create the Joint Select Committee on the COVID-19 Pandemic. While the committee does have the power to subpoena documents, it cannot compel state officials to testify. It will likely look for information from officials within the Michigan Department of Health and Human Services after Whitmer blamed the decision on the agency during an April press conference. The health department went on to attribute the decision to four individuals—state epidemiologist Dr. Sarah Lyon-Callo, opioid strategy senior adviser Andrea Taverna, HIV/STD programs director Kathryn Macomber, and communicable disease division manager Joe Coyle.
The state legislature's coronavirus oversight committee is not the only entity investigating Whitmer's administration in connection to the contract. Michigan attorney general Dana Nessel agreed to investigate the controversy in late April following a request from GOP state senator Jim Runestad. Michigan Republicans have cast doubt on the validity of the Democrat's investigation, citing the fact that Nessel paid NGP VAN more than $5,000 during her 2018 campaign. An April NBC News report profiling Whitmer described Nessel as a close ally of the governor, saying that "there's no one she would rather enter into battle with."
"The people of Michigan deserve to know the truth about what happened with this scheme for political groups to collect COVID data," Stu Sandler, former aide to Republican state attorney general Mike Cox, told the Free Beacon. "Because Dana Nessel used NGP VAN in her campaign and her relationship with the Governor and the Governor's Executive Staff, it would be appropriate that Nessel establish a conflict wall."
Nessel's office did not respond to request for comment.


freebeacon--2020-05-07--Trump Administration Presses Supreme Court to Stop Release of Secret Mueller Files

The Trump administration on Thursday asked the Supreme Court to delay transmission of secret grand jury materials from former special counsel Robert Mueller 's investigation to House Democrats .
The request follows a March decision from the U.S. Court of Appeals for the D.C .
Circuit , which said Congress can access the materials under a rule allowing disclosure `` in connection with a judicial proceeding , '' meaning an impeachment trial in this instance .
Democrats have left open the possibility of a second impeachment push depending on the contents of the Mueller files .
President Donald Trump outright @ @ @ @ @ @ @ information .
Speaking to reporters in April 2019 , a defiant Trump promised his administration would be `` fighting all subpoenas . ''
The D.C .
Circuit said the administration 's stonewalling made the House Judiciary Committee 's need for the grand jury materials `` especially compelling . ''
Thursday 's request , called a stay application , is one of several matters on the Court 's docket involving investigations of President Trump .
By summer , the justices will also decide whether subpoenas for the president 's financial information from House Democrats @ @ @ @ @ @ @ .
The cases pose a danger to the president 's reelection prospects , as new and potentially damaging information might appear in the dog days of the campaign .
Grand jury materials , including exhibits and transcripts of testimony , are generally kept secret .
Files from the Mueller grand jury proceedings are currently housed in the Department of Justice .
Unless the justices act , the administration will have to release those materials on Monday , `` which would irrevocably lift their secrecy and possibly frustrate the government 's ability to seek @ @ @ @ @ @ @ Francisco told the justices .
House Democrats do not oppose pushing the Monday deadline back one week while the justices consider the request , the application says .
The House Judiciary Committee said in an April court filing that it is prepared to review and act upon the Mueller grand jury materials despite the coronavirus pandemic .
`` The current pandemic notwithstanding , the committee 's investigation is not ‘ dormant , ' '' the filing reads .
`` The committee continues to exercise its investigative and oversight responsibilities ; its staff are @ @ @ @ @ @ @ grand jury materials as soon as they are provided by DOJ ; and the committee remains able to convene formal hearings to further its investigation . ''
Francisco told the justices that the judicial proceeding exception to grand jury secrecy should be interpreted narrowly and does not cover impeachment trials .
`` The ordinary meaning of ‘ judicial proceeding ' is a proceeding before a court—not an impeachment trial before elected legislators , '' he wrote .
He also argued the decision disrupts the balance of power between Congress and the courts .
@ @ @ @ @ @ @ might have to `` scrutinize specific legal theories of impeachment '' to determine whether or not Congress has a compelling need for sealed grand jury materials .
It 's also doubtful , he noted , that a judge could impose rules on lawmakers regarding `` protective limitations on the use of disclosed material . ''
Grand jury information is usually disclosed subject to certain conditions .
The case is No .
19A1035 Department of Justice v. Committee on the Judiciary .
Department of Justice v. Ho… by Washington Free Beacon on Scribd

The Trump administration on Thursday asked the Supreme Court to delay transmission of secret grand jury materials from former special counsel Robert Mueller's investigation to House Democrats.
The request follows a March decision from the U.S. Court of Appeals for the D.C. Circuit, which said Congress can access the materials under a rule allowing disclosure "in connection with a judicial proceeding," meaning an impeachment trial in this instance. Democrats have left open the possibility of a second impeachment push depending on the contents of the Mueller files.
President Donald Trump outright refused to cooperate with congressional requests for information. Speaking to reporters in April 2019, a defiant Trump promised his administration would be "fighting all subpoenas." The D.C. Circuit said the administration's stonewalling made the House Judiciary Committee's need for the grand jury materials "especially compelling."
Thursday's request, called a stay application, is one of several matters on the Court's docket involving investigations of President Trump. By summer, the justices will also decide whether subpoenas for the president's financial information from House Democrats and a Manhattan prosecutor may be enforced. The cases pose a danger to the president's reelection prospects, as new and potentially damaging information might appear in the dog days of the campaign.
Grand jury materials, including exhibits and transcripts of testimony, are generally kept secret. Files from the Mueller grand jury proceedings are currently housed in the Department of Justice.
Unless the justices act, the administration will have to release those materials on Monday, "which would irrevocably lift their secrecy and possibly frustrate the government's ability to seek further review," solicitor general Noel Francisco told the justices.
House Democrats do not oppose pushing the Monday deadline back one week while the justices consider the request, the application says.
The House Judiciary Committee said in an April court filing that it is prepared to review and act upon the Mueller grand jury materials despite the coronavirus pandemic.
"The current pandemic notwithstanding, the committee's investigation is not 'dormant,'" the filing reads. "The committee continues to exercise its investigative and oversight responsibilities; its staff are ready and able to review the requested grand jury materials as soon as they are provided by DOJ; and the committee remains able to convene formal hearings to further its investigation."
Francisco told the justices that the judicial proceeding exception to grand jury secrecy should be interpreted narrowly and does not cover impeachment trials.
"The ordinary meaning of 'judicial proceeding' is a proceeding before a court—not an impeachment trial before elected legislators," he wrote.
He also argued the decision disrupts the balance of power between Congress and the courts. Francisco anticipated that judges in future cases might have to "scrutinize specific legal theories of impeachment" to determine whether or not Congress has a compelling need for sealed grand jury materials.
It's also doubtful, he noted, that a judge could impose rules on lawmakers regarding "protective limitations on the use of disclosed material." Grand jury information is usually disclosed subject to certain conditions.
The case is No. 19A1035 Department of Justice v. Committee on the Judiciary.
Department of Justice v. Ho... by Washington Free Beacon on Scribd


freebeacon--2020-05-07--Call it DeBLOVID-19: Mayor Urged NYCers to ‘Go On With Your Lives’ as City Became Cesspool of Infect

Call it DeBLOVID-19: Mayor Urged NYCers to ‘Go On With Your Lives’ as City Became Cesspool of Infection

`` Let 's Call It Trumpvirus , '' reads the New York Times headline to a Gail Collins opinion column published on Feb. 28—yet another example of the deeply considered , insightful analysis Times readers have come to expect .
However , in light of new research published in the Times on Thursday , perhaps we should start calling it `` DeBLOVID-19 . ''
`` New York City ’ s coronavirus outbreak grew so large by early March that the city became the primary source of new infections in the United States , '' the Times reports .
An analysis @ @ @ @ @ @ @ that `` a wave of infections swept from New York City through much of the country before the city began setting social distancing limits to stop the growth . ''
Nathan Grubaugh , an epidemiologist at the Yale School of Public Health , said researchers `` have enough data to feel pretty confident that New York was the primary gateway for the rest of the country . ''
Even people without access to such data might feel pretty confident drawing that conclusion .
In addition , the conclusion of a recent MIT study—that @ @ @ @ @ @ @ which has remained open during the outbreak , was a `` major disseminator '' of the virus—seems similarly self-evident .
In any event , the findings do not reflect well on New York City mayor Bill de Blasio .
In early March , when the research indicates the city had become `` the primary source of new infections '' in the country , de Blasio was `` encouraging New Yorkers to go on with your lives [ and ] get out on the town despite Coronavirus . ''
That message , posted to @ @ @ @ @ @ @ film recommendation for The Traitor , which de Blasio enthusiastically described as The Wire set in Italy .
Days later , on March 6 , de Blasio was hanging out with Alex Rodriguez and Jennifer Lopez at Gracie Mansion .
On March 7 , de Blasio tweeted a photo of himself and his wife enjoying an `` AMAZING Yemeni breakfast '' at a restaurant in Brooklyn .
On Feb. 28 , de Blasio appeared at a public rally in Union Square Park to celebrate the imposition of a statewide ban on plastics bags @ @ @ @ @ @ @ Blasio was appearing on cable news networks to tout his support for Sen. Bernie Sanders ( I. , Vt. ) , making `` OK Boomer '' jokes , and arguing that `` Coronavirus is further evidence why we need # MedicareForAll . ''
Additionally , the mayor spent the early days of March vociferously criticizing President Trump as well as his predecessor , Michael Bloomberg .
The criticism of Bloomberg is particularly rich , given that in 2006 Bloomberg 's administration began to stockpile medical supplies such as ventilators to prepare for a @ @ @ @ @ @ @ ventilators either broke down or were auctioned off to save money during de Blasio 's first term as mayor , according to a ProPublica report .

"Let's Call It Trumpvirus," reads the New York Times headline to a Gail Collins opinion column published on Feb. 28—yet another example of the deeply considered, insightful analysis Times readers have come to expect. However, in light of new research published in the Times on Thursday, perhaps we should start calling it "DeBLOVID-19."
"New York City’s coronavirus outbreak grew so large by early March that the city became the primary source of new infections in the United States," the Times reports. An analysis of genetic samples of the virus suggests that "a wave of infections swept from New York City through much of the country before the city began setting social distancing limits to stop the growth."
Nathan Grubaugh, an epidemiologist at the Yale School of Public Health, said researchers "have enough data to feel pretty confident that New York was the primary gateway for the rest of the country."
Even people without access to such data might feel pretty confident drawing that conclusion. In addition, the conclusion of a recent MIT study—that the New York City subway system, which has remained open during the outbreak, was a "major disseminator" of the virus—seems similarly self-evident.
In any event, the findings do not reflect well on New York City mayor Bill de Blasio. In early March, when the research indicates the city had become "the primary source of new infections" in the country, de Blasio was "encouraging New Yorkers to go on with your lives [and] get out on the town despite Coronavirus."
That message, posted to Twitter on March 2, included a film recommendation for The Traitor, which de Blasio enthusiastically described as The Wire set in Italy. Days later, on March 6, de Blasio was hanging out with Alex Rodriguez and Jennifer Lopez at Gracie Mansion. On March 7, de Blasio tweeted a photo of himself and his wife enjoying an "AMAZING Yemeni breakfast" at a restaurant in Brooklyn.
On Feb. 28, de Blasio appeared at a public rally in Union Square Park to celebrate the imposition of a statewide ban on plastics bags.
Around the same time, de Blasio was appearing on cable news networks to tout his support for Sen. Bernie Sanders (I., Vt.), making "OK Boomer" jokes, and arguing that "Coronavirus is further evidence why we need #MedicareForAll." Additionally, the mayor spent the early days of March vociferously criticizing President Trump as well as his predecessor, Michael Bloomberg.
The criticism of Bloomberg is particularly rich, given that in 2006 Bloomberg's administration began to stockpile medical supplies such as ventilators to prepare for a possible pandemic. About 500 of those ventilators either broke down or were auctioned off to save money during de Blasio's first term as mayor, according to a ProPublica report.


freebeacon--2020-05-07--Congress Backs Australian Call for Investigation Into China Over Coronavirus Deceit

A bipartisan delegation in Congress is showing support for the Australian government 's call to investigate China over its cover-up of the coronavirus pandemic , according to a letter sent Thursday to the Australian ambassador .
China has already threatened to boycott Australian goods and take other punitive measures against the country after Prime Minister Scott Morrison called for an independent investigation into the Communist Party 's efforts to censor information about the virus and destroy medical samples that could have been used in research .
Australian leaders have also pressed for an investigation into the World Health Organization and @ @ @ @ @ @ @ with China .
Chinese officials are using their state-controlled press organs to discredit Australia and accuse the country of being part of a U.S. plot to undermine Beijing .
The statements include calls for boycotts of Australian foods and other products .
In a sign of a growing consensus in Congress that China must be held accountable for its behavior , a group of more than 20 congressional leaders , in a letter sent to Australia 's ambassador to the United States , rejected Beijing 's intimidation tactics and vowed to back Australia @ @ @ @ @ @ @ parties in the House and Senate signed on to the letter , including Sens .
James Risch ( R. , Idaho ) , Robert Menendez ( D. , N.J. ) , Ben Cardin ( D. , Md . )
, Marco Rubio ( R. , Fla. ) , and Reps. Mike Gallagher ( R. , Wis. ) , Liz Cheney ( R. , Wyo . )
, and Ted Lieu ( D. , Calif. ) , among others .
The lawmakers accused China of engaging in economic blackmail against Australia .
`` Unfortunately @ @ @ @ @ @ @ , Chinese government officials responded to these calls with deeply disturbing and thinly-disguised threats of retaliation , '' they wrote .
`` We unequivocally oppose this behavior and strongly support Foreign Minister Marise Payne 's rejection of ‘ any suggestion that economic coercion is an appropriate response to a call for such an assessment . '
'' In addition to calling for boycotts , Chinese state-controlled media outlets have smeared Australia , recently calling the nation `` gum stuck to the bottom of China 's shoe . ''
These threats are meant to @ @ @ @ @ @ @ to Western nations that China will take punitive action against those who speak out .
An investigation into the WHO and China is warranted , however , as new information indicates that the Communist Party went to great lengths to hide the virus from the world , according to the lawmakers .
`` Given the tremendous toll COVID-19 has taken on the world , it is only natural that Australia—like all nations concerned with upholding best practices for global public health—would want an objective , scientific , evidence-based , and rigorous investigation into @ @ @ @ @ @ @ the lawmakers wrote .
The lawmakers said the pandemic has awakened world leaders to the threat posed by China 's repressive ruling regime—including its routine bullying of Western nations .
`` This incident is part of a broader and concerning pattern from the Chinese government , '' the letter states .
`` As we continue to confront this deadly disease and its consequences , we will be faced with many tough decisions , including those that may arise from the Chinese government 's continued lack of cooperation and transparency . ''
In a @ @ @ @ @ @ @ Gallagher emphasized the importance of backing Australia 's stand against China 's threats of coercion .
`` The Five Eyes Alliance in general , and the U.S.-Australia Alliance in particular , is the foundation of the Free World .
Now more than ever , we must stand united in defense of our Free World values , particularly when one of our own is the target of hostile coercion , '' Gallagher said .
`` This bipartisan , bicameral letter not only denounces Ambassador Cheng [ Jingye ] 's thinly-veiled threats against Australia , @ @ @ @ @ @ @ our mates in Australia , as we have done for 100 years and will do for 100 more . ''
The letter marks a rare point of agreement between congressional leaders and the Trump administration , which has accused China from the start of lying about the virus .
Senior administration officials in recent days have gone public with information indicating that China destroyed critical virus samples and detained scientists who attempted to disclose its dangers to the world .
`` It is pretty clear that at the front end of this the @ @ @ @ @ @ @ '' Secretary of State Mike Pompeo told reporters on Wednesday .
`` That is , they knew more and they did n't share that , and they had an obligation to do so . ''
`` [ WHO director ] Dr. Tedros needs to be just as concerned as the United States and Australia and other countries are that we still do n't have access to the answers we need , '' Pompeo said .
Meanwhile , House Minority Leader Kevin McCarthy ( R. , Calif. ) announced on Thursday that he appointed @ @ @ @ @ @ @ congressional coronavirus oversight committee , which is comprised of both Republicans and Democrats .
It is likely the GOP side will initiate probes of both China and the WHO .

A bipartisan delegation in Congress is showing support for the Australian government's call to investigate China over its cover-up of the coronavirus pandemic, according to a letter sent Thursday to the Australian ambassador.
China has already threatened to boycott Australian goods and take other punitive measures against the country after Prime Minister Scott Morrison called for an independent investigation into the Communist Party's efforts to censor information about the virus and destroy medical samples that could have been used in research. Australian leaders have also pressed for an investigation into the World Health Organization and its top officials over its alleged collusion with China.
Chinese officials are using their state-controlled press organs to discredit Australia and accuse the country of being part of a U.S. plot to undermine Beijing. The statements include calls for boycotts of Australian foods and other products.
In a sign of a growing consensus in Congress that China must be held accountable for its behavior, a group of more than 20 congressional leaders, in a letter sent to Australia's ambassador to the United States, rejected Beijing's intimidation tactics and vowed to back Australia's tough stance. Members of both parties in the House and Senate signed on to the letter, including Sens. James Risch (R., Idaho), Robert Menendez (D., N.J.), Ben Cardin (D., Md.), Marco Rubio (R., Fla.), and Reps. Mike Gallagher (R., Wis.), Liz Cheney (R., Wyo.), and Ted Lieu (D., Calif.), among others.
The lawmakers accused China of engaging in economic blackmail against Australia.
"Unfortunately, and not for the first time, Chinese government officials responded to these calls with deeply disturbing and thinly-disguised threats of retaliation," they wrote. "We unequivocally oppose this behavior and strongly support Foreign Minister Marise Payne's rejection of 'any suggestion that economic coercion is an appropriate response to a call for such an assessment.'"
In addition to calling for boycotts, Chinese state-controlled media outlets have smeared Australia, recently calling the nation "gum stuck to the bottom of China's shoe." These threats are meant to deter an investigation and send a sign to Western nations that China will take punitive action against those who speak out.
An investigation into the WHO and China is warranted, however, as new information indicates that the Communist Party went to great lengths to hide the virus from the world, according to the lawmakers.
"Given the tremendous toll COVID-19 has taken on the world, it is only natural that Australia—like all nations concerned with upholding best practices for global public health—would want an objective, scientific, evidence-based, and rigorous investigation into the origins of the virus," the lawmakers wrote.
The lawmakers said the pandemic has awakened world leaders to the threat posed by China's repressive ruling regime—including its routine bullying of Western nations.
"This incident is part of a broader and concerning pattern from the Chinese government," the letter states. "As we continue to confront this deadly disease and its consequences, we will be faced with many tough decisions, including those that may arise from the Chinese government's continued lack of cooperation and transparency."
In a comment to the Washington Free Beacon, Gallagher emphasized the importance of backing Australia's stand against China's threats of coercion.
"The Five Eyes Alliance in general, and the U.S.-Australia Alliance in particular, is the foundation of the Free World. Now more than ever, we must stand united in defense of our Free World values, particularly when one of our own is the target of hostile coercion," Gallagher said. "This bipartisan, bicameral letter not only denounces Ambassador Cheng [Jingye]'s thinly-veiled threats against Australia, but also demonstrates that America stands with our mates in Australia, as we have done for 100 years and will do for 100 more."
The letter marks a rare point of agreement between congressional leaders and the Trump administration, which has accused China from the start of lying about the virus. Senior administration officials in recent days have gone public with information indicating that China destroyed critical virus samples and detained scientists who attempted to disclose its dangers to the world.
"It is pretty clear that at the front end of this the Chinese Communist Party misled the world," Secretary of State Mike Pompeo told reporters on Wednesday. "That is, they knew more and they didn't share that, and they had an obligation to do so."
"[WHO director] Dr. Tedros needs to be just as concerned as the United States and Australia and other countries are that we still don't have access to the answers we need," Pompeo said.
Meanwhile, House Minority Leader Kevin McCarthy (R., Calif.) announced on Thursday that he appointed several of his members to the new congressional coronavirus oversight committee, which is comprised of both Republicans and Democrats. It is likely the GOP side will initiate probes of both China and the WHO.


freebeacon--2020-05-07--Jayapal: Coronavirus ‘Suffering’ Gives Democrats ‘Leverage’ in Congress

The `` enormous suffering '' that has killed more than 74,000 Americans provides Democrats leverage on legislation addressing the coronavirus , Rep. Pramila Jayapal ( D. , Wash. ) told the liberal website Vox on Wednesday .
`` When you think about traditional situations of crisis … whoever the ruling party is in the White House , that individual has this enormous opportunity to bring people together because that 's what people want in a crisis , '' Jayapal said .
`` None of that has happened… .
For me , the leverage is that there is enormous suffering , @ @ @ @ @ @ @ the boldness and the scale that this crisis demands , then that suffering will continue . ''
Jayapal faced criticism from conservatives in April when she warned Democrats were `` giving away leverage '' if they passed a clean bill replenishing the Paycheck Protection Program , which provides forgivable loans to small businesses reeling from the pandemic .
Democrats held up funding for weeks before they agreed to a $ 484 billion bill that also included additional aid for hospitals and testing .
Jayapal echoed previous calls from Democrats , including California governor @ @ @ @ @ @ @ Majority Whip James Clyburn ( D. , S.C. ) , to see the deadly disease as an opportunity to push liberal policies .
Jayapal defended her earlier reference to leverage , calling the Republican response to the pandemic insufficient .
`` How do we respond to the scale of the suffering ?
If we are just responding to one piece of it , but we are giving away the thing that Republicans are sort of hanging their hat on , then what brings them back to the table for negotiation ? ''
she @ @ @ @ @ @ @ s important for us to not allow ourselves to be pulled into a place where we don ’ t define the agenda , given that we are the ones that seem to be put in the position of really defining what the solution is going to land on . ''
More than 74,000 Americans have died , and 33 million people have lost their jobs in the past two months .

The "enormous suffering" that has killed more than 74,000 Americans provides Democrats leverage on legislation addressing the coronavirus, Rep. Pramila Jayapal (D., Wash.) told the liberal website Vox on Wednesday.
"When you think about traditional situations of crisis ... whoever the ruling party is in the White House, that individual has this enormous opportunity to bring people together because that's what people want in a crisis," Jayapal said. "None of that has happened.... For me, the leverage is that there is enormous suffering, and if we do not respond with the boldness and the scale that this crisis demands, then that suffering will continue."
Jayapal faced criticism from conservatives in April when she warned Democrats were "giving away leverage" if they passed a clean bill replenishing the Paycheck Protection Program, which provides forgivable loans to small businesses reeling from the pandemic. Democrats held up funding for weeks before they agreed to a $484 billion bill that also included additional aid for hospitals and testing.
Jayapal echoed previous calls from Democrats, including California governor Gavin Newsom (D.) and House Majority Whip James Clyburn (D., S.C.), to see the deadly disease as an opportunity to push liberal policies.
Jayapal defended her earlier reference to leverage, calling the Republican response to the pandemic insufficient.
"How do we respond to the scale of the suffering? If we are just responding to one piece of it, but we are giving away the thing that Republicans are sort of hanging their hat on, then what brings them back to the table for negotiation?" she asked. "I think it’s important for us to not allow ourselves to be pulled into a place where we don’t define the agenda, given that we are the ones that seem to be put in the position of really defining what the solution is going to land on."
More than 74,000 Americans have died, and 33 million people have lost their jobs in the past two months.


freebeacon--2020-05-07--DOJ Dropping Criminal Case Against Ex-Trump Adviser Flynn

WASHINGTON ( Reuters ) – The U.S. Justice Department on Thursday abruptly sought to drop the criminal charges against President Donald Trump ’ s former national security adviser Michael Flynn , following mounting pressure from Trump ’ s political allies on the right .
The move comes as Flynn has been seeking to withdraw his 2017 guilty plea in which he admitted to lying to the FBI about interactions with Russia ’ s ambassador to the United States Sergey Kislyak in the weeks before Trump took office .
Flynn was one of several former Trump aides to plead guilty or @ @ @ @ @ @ @ Counsel Robert Mueller ’ s investigation that detailed Moscow ’ s interference in the 2016 U.S. election to boost Trump ’ s candidacy as well as numerous contacts between Trump ’ s campaign and Russia .
The sudden about-face is likely to raise new questions among Trump ’ s critics about the Justice Department ’ s interventions under Attorney General William Barr into high-profile criminal cases involving the president ’ s political allies .
Trump , in reacting to the Justice Department ’ s decision on Thursday , said he was very happy @ @ @ @ @ @ @ the charges comes less than three months after Barr named Jeffrey Jensen , the U.S. attorney for the Eastern District of Missouri , to review the Justice Department ’ s handling of the case .
In a statement , Jensen said he had `` concluded the proper and just course was to dismiss the case '' and he had briefed Barr on these conclusions .
Trump fired Flynn , a retired Army lieutenant general who served as an adviser to the president during the 2016 campaign , as national security adviser after it @ @ @ @ @ @ @ Mike Pence and the FBI about his dealings Kislyak .
The president in March said he was strongly considering a full pardon for Flynn .
He said the FBI and Justice Department had `` destroyed '' Flynn ’ s life and that of his family , and cited an unspecified report that they had lost records related to Flynn .
Flynn was supposed to help cooperate with prosecutors as part of his plea deal .
But he later switched lawyers and tactics , arguing that prosecutors in the case had tricked him into @ @ @ @ @ @ @ Kislyak .
The Justice Department had repeatedly denied allegations of prosecutorial misconduct , and U.S. District Court Judge Emmet Sullivan rejected all of Flynn ’ s claims in December .
The mounting pressure from Trump allies to drop the Flynn case intensified last week after partially redacted documents turned over to Flynn ’ s defense and then made public in the court record showed more about the FBI ’ s thinking ahead of its interview with Flynn that prompted the criminal charges .
In them , an unidentified FBI agent wrote : `` @ @ @ @ @ @ @ to get him to lie , so we can prosecute him or get him fired ? ''
Flynn ’ s allies have argued that those documents bolstered his argument that the FBI was out to get him .
The Justice Department , in its filing , seemed to agree that the new documents undercut the criminal case against Flynn .
`` The government has concluded that the interview of Mr. Flynn was untethered to , and unjustified by , the FBI ’ s counterintelligence investigation into Mr. Flynn – a no longer justifiably @ @ @ @ @ @ @ wrote in its filing on Thursday .
Federal prosecutors had asked the judge in January to sentence Flynn to up to six months in prison , arguing in a court filing that `` the defendant has not learned his lesson .
He has behaved as though the law does not apply to him , and as if there are no consequences for his actions . ''
His sentencing has been deferred several times .
Flynn also served as head of the Pentagon ’ s Defense Intelligence Agency but he was forced out in @ @ @ @ @ @ @ style and opinions on how to combat Islamist militancy .
He joined the Trump 2016 election campaign and at the Republican National Convention that year he led supporters in chants of `` Lock her up , '' in reference to Democratic candidate Hillary Clinton .
Other former Trump aides were convicted of federal crimes following the Russia inquiry .
Stone was sentenced on Feb. 20 to three years and four months in prison for obstruction of justice , witness tampering and lying to lawmakers investigating the Russian election interference .
Paul Manafort , @ @ @ @ @ @ @ was sentenced last year to 3-1/2 years in prison after being convicted of unlawful lobbying and witness tampering , which combined with a sentence in a related case equaled a term of more than seven years behind bars .

WASHINGTON (Reuters) - The U.S. Justice Department on Thursday abruptly sought to drop the criminal charges against President Donald Trump’s former national security adviser Michael Flynn, following mounting pressure from Trump’s political allies on the right.
The move comes as Flynn has been seeking to withdraw his 2017 guilty plea in which he admitted to lying to the FBI about interactions with Russia’s ambassador to the United States Sergey Kislyak in the weeks before Trump took office.
Flynn was one of several former Trump aides to plead guilty or be convicted at trial in former Special Counsel Robert Mueller’s investigation that detailed Moscow’s interference in the 2016 U.S. election to boost Trump’s candidacy as well as numerous contacts between Trump’s campaign and Russia.
The sudden about-face is likely to raise new questions among Trump’s critics about the Justice Department’s interventions under Attorney General William Barr into high-profile criminal cases involving the president’s political allies.
Trump, in reacting to the Justice Department’s decision on Thursday, said he was very happy for Flynn.
The decision to drop the charges comes less than three months after Barr named Jeffrey Jensen, the U.S. attorney for the Eastern District of Missouri, to review the Justice Department’s handling of the case. In a statement, Jensen said he had "concluded the proper and just course was to dismiss the case" and he had briefed Barr on these conclusions.
Trump fired Flynn, a retired Army lieutenant general who served as an adviser to the president during the 2016 campaign, as national security adviser after it emerged that Flynn had misled Vice President Mike Pence and the FBI about his dealings Kislyak.
The president in March said he was strongly considering a full pardon for Flynn. He said the FBI and Justice Department had "destroyed" Flynn’s life and that of his family, and cited an unspecified report that they had lost records related to Flynn.
Flynn was supposed to help cooperate with prosecutors as part of his plea deal. But he later switched lawyers and tactics, arguing that prosecutors in the case had tricked him into lying about his December 2016 conversations with Kislyak.
The Justice Department had repeatedly denied allegations of prosecutorial misconduct, and U.S. District Court Judge Emmet Sullivan rejected all of Flynn’s claims in December.
The mounting pressure from Trump allies to drop the Flynn case intensified last week after partially redacted documents turned over to Flynn’s defense and then made public in the court record showed more about the FBI’s thinking ahead of its interview with Flynn that prompted the criminal charges.
In them, an unidentified FBI agent wrote: "What is our goal? Truth/admission or to get him to lie, so we can prosecute him or get him fired?"
Flynn’s allies have argued that those documents bolstered his argument that the FBI was out to get him.
The Justice Department, in its filing, seemed to agree that the new documents undercut the criminal case against Flynn.
"The government has concluded that the interview of Mr. Flynn was untethered to, and unjustified by, the FBI’s counterintelligence investigation into Mr. Flynn - a no longer justifiably predicated investigation," the Justice Department wrote in its filing on Thursday.
Federal prosecutors had asked the judge in January to sentence Flynn to up to six months in prison, arguing in a court filing that "the defendant has not learned his lesson. He has behaved as though the law does not apply to him, and as if there are no consequences for his actions."
His sentencing has been deferred several times.
Flynn also served as head of the Pentagon’s Defense Intelligence Agency but he was forced out in 2014 in part due to his management style and opinions on how to combat Islamist militancy.
He joined the Trump 2016 election campaign and at the Republican National Convention that year he led supporters in chants of "Lock her up," in reference to Democratic candidate Hillary Clinton.
Other former Trump aides were convicted of federal crimes following the Russia inquiry. Stone was sentenced on Feb. 20 to three years and four months in prison for obstruction of justice, witness tampering and lying to lawmakers investigating the Russian election interference.
Paul Manafort, Trump’s former campaign chairman, was sentenced last year to 3-1/2 years in prison after being convicted of unlawful lobbying and witness tampering, which combined with a sentence in a related case equaled a term of more than seven years behind bars.
(Reporting by Sarah N. Lynch; Editing by Bernadette Baum and Will Dunham)


freebeacon--2020-05-07--Obama’s China Ambassador Compares Trump’s Rhetoric Toward China to Hitler

Barack Obama 's former China ambassador Max Baucus on Wednesday compared President Donald Trump 's criticism of China to Hitler 's political rhetoric .
`` The administration 's rhetoric is so strong against China , it 's over the top .
We 're entering an era which is similar to Joe McCarthy back when he was red-baiting in the State Department and attacking communism , and a little bit like Hitler in the '30s , '' Baucus said on CNN International .
`` Now in the United States , if anybody says anything reasonable about China , he or she @ @ @ @ @ @ @ going to be chopped off .
Back in the '30s in Germany , it was very similar . ''
Baucus held the ambassadorship from 2014 to 2017 and , after Trump 's election , he established business ties to China .
He sits on the board of advisers for the Alibaba Group , one of China 's largest technology firms , and is also on the board of directors of Ingram Micro , which was purchased by a Chinese company in 2016 .
Baucus was a Montana senator from 1978 to 2014 before @ @ @ @ @ @ @ has endorsed Joe Biden for president .
Baucus warned Wednesday that the United States would `` pay a price '' if it continued in the direction of pre-war Nazi Germany by blaming China .
`` I think we 're moving in that direction .
I 'm not saying we 're there yet , '' Baucus said .
`` But there are a lot of very responsible people in America who know that this China-bashing is irresponsible and we 're going to pay a price the more it continues . ''
In late March @ @ @ @ @ @ @ the coronavirus , which originated in the Chinese city of Wuhan .
`` I think that the big lesson here [ is ] that when you take charge and when you tell the entire country , Wuhan , other provinces what to do , they get in gear and get the job done , '' Baucus said at the time .
`` I take my hat off to China for doing so . ''
The Chinese government downplayed the extent of the initial outbreak , cracked down on doctors who tried to sound @ @ @ @ @ @ @ propaganda campaign to deflect blame for the pandemic .

Barack Obama's former China ambassador Max Baucus on Wednesday compared President Donald Trump's criticism of China to Hitler's political rhetoric.
"The administration's rhetoric is so strong against China, it's over the top. We're entering an era which is similar to Joe McCarthy back when he was red-baiting in the State Department and attacking communism, and a little bit like Hitler in the '30s," Baucus said on CNN International.
"Now in the United States, if anybody says anything reasonable about China, he or she feels intimidated, worried his head is going to be chopped off. Back in the '30s in Germany, it was very similar."
Baucus held the ambassadorship from 2014 to 2017 and, after Trump's election, he established business ties to China. He sits on the board of advisers for the Alibaba Group, one of China's largest technology firms, and is also on the board of directors of Ingram Micro, which was purchased by a Chinese company in 2016.
Baucus was a Montana senator from 1978 to 2014 before becoming the ambassador to China. He has endorsed Joe Biden for president.
Baucus warned Wednesday that the United States would "pay a price" if it continued in the direction of pre-war Nazi Germany by blaming China.
"I think we're moving in that direction. I'm not saying we're there yet," Baucus said. "But there are a lot of very responsible people in America who know that this China-bashing is irresponsible and we're going to pay a price the more it continues."
In late March, Baucus praised China's response to the coronavirus, which originated in the Chinese city of Wuhan.
"I think that the big lesson here [is] that when you take charge and when you tell the entire country, Wuhan, other provinces what to do, they get in gear and get the job done," Baucus said at the time. "I take my hat off to China for doing so."
The Chinese government downplayed the extent of the initial outbreak, cracked down on doctors who tried to sound the alarm, and has waged a propaganda campaign to deflect blame for the pandemic.