talkingpointsmemo--2020-05-16--Congress Can Now Work From Home: House OKs Remote Voting

WASHINGTON ( AP ) — It all started with the grandchildren .
As House Majority Leader Steny Hoyer saw it , if he could Face Time with the grandkids , why not have Congress legislate by video chat and avoid the health risks of convening at the Capitol during the coronavirus pandemic ?
And so the silver-haired , 80-year-old congressman from Maryland helped steer the House into one of the more substantial rules changes of its 230 year history .
“ This is no revolutionary , radical change , ” Hoyer told The Associated Press in an interview .
“ @ @ @ @ @ @ @ to happen.
” The House approved the new rules Friday , during what could likely be the chamber ’ s last fully in-person votes for the foreseeable future .
From now on , lawmakers will be allowed to cast House floor votes by proxy — without being “ present ” as the Constitution requires .
The next step will allow them to skip the middle-man and simply vote remotely once leaders approve the technology .
The shift will dramatically change the look , if not the operation , of the legislative branch — @ @ @ @ @ @ @ like others , “ working from home.
” Debate over the changes has been fierce .
As President Donald Trump encourages Americans back to work , Democrats pushed the changes past the objections of Republicans .
“ It ’ s a very sad day inside this House , ” said Minority Leader Kevin McCarthy of California .
Neither Civil War nor Great Depression or any other national crisis had spurred the House to allow its members to vote from home , a sign of how deeply the virus outbreak act is disrupting the @ @ @ @ @ @ @ , a top Trump ally , argued during debate , “ The founders would be ashamed.
” But like the rest of the country , lawmakers are weighing risks and responsibilities .
Since the virus outbreak shuttered Capitol Hill in March , the 435-member House has largely stayed away while the smaller Senate resumed operations .
Several lawmakers and dozens of staff in the sprawling complex have tested positive as the virus hits close .
Democrats argue the House can rely on technology for remote work as the pandemic drags on .
But @ @ @ @ @ @ @ a power grab during the crisis .
Rep. Tom Cole of Oklahoma , the top Republican on the rules panel , warned the changes will fundamentally alter the nature of the institution , “ and not for the better.
” Under the new rules , House lawmakers will no longer be required to travel to Washington to participate in floor votes .
Some will .
But others can assign their vote to another lawmaker who will be at the Capitol to cast it for them .
A single lawmaker can carry 10 proxy @ @ @ @ @ @ @ important , the House committees — the bread and butter of legislative work — will be able to fully function remotely .
Committee hearings are prime-time for lawmakers — the chance to grill officials , spar with colleagues and have much of it captured on C-SPAN .
House lawmakers will be able to draft bills , conduct oversight and even issue subpoenas from the comfort of their homes .
With the Capitol physician warning it could be years before Congress resumes full operations , lawmakers are anxious to show constituents they are working @ @ @ @ @ @ @ must not turn into a super-spreader event , ” said Rep. Jim McGovern , D-Mass.
, the chairman of the Rules Committee .
The changes are expected to be temporary , only through the remainder of this session of Congress , at the end of the year .
Democrats insist the changes should be used only under times of crisis .
But Republicans warn there will be legal challenges to legislation passed during this period , questioning the constitutional legitimacy of proxy votes .
“ You ’ ve got to be here , @ @ @ @ @ @ @ Jim Jordan , R-Ohio .
“ You can ’ t phone it in.
” House Speaker Nancy Pelosi shelved the proposal two weeks ago insisting she wanted any change of this significance to be bipartisan .
McCarthy had proposed a “ hybrid ” plan that would allow the committees to conduct work remotely but stopped short of allowing the proxy floor voting .
A bipartisan task force failed to reach a compromise .
The House has never allowed proxy floor votes , even during some of the most challenging eras in the nation @ @ @ @ @ @ @ the 1918 Spanish Flu epidemic and only stayed away a short time after the 2001 terror attacks .
Proxy votes had been allowed in committees , but that ended decades ago .
For Hoyer , who has spent half is lifetime in Congress — marking his 40th year in the House next week — it ’ s a reminder that technological savvy cuts across generational and institutional lines .
He acknowledges being new to technology but quickly grew “ enamored ” by feeling of proximity video provided .
“ It ’ s a @ @ @ @ @ @ @ As lawmakers pushed for options during the crisis , the leader came on board .
He ’ s not a fan of proxy voting — he would have preferred a video vote — but sees it as a temporary step until they are able to create the remote vote option .
Known as an institutionalist who often welcomes freshmen lawmakers with Capitol tours , Hoyer believes the changes are in keeping with tradition .
“ It is unacceptable to have the Congress sidelined at any point in time , ” he said .
@ @ @ @ @ @ @ to do the same thing the Congress has been doing since its inception , ” he said — conducting oversight and debating and passing legislation “ and sending it to the desk of the president .
”

WASHINGTON (AP) — It all started with the grandchildren.
As House Majority Leader Steny Hoyer saw it, if he could Face Time with the grandkids, why not have Congress legislate by video chat and avoid the health risks of convening at the Capitol during the coronavirus pandemic?
And so the silver-haired, 80-year-old congressman from Maryland helped steer the House into one of the more substantial rules changes of its 230 year history.
“This is no revolutionary, radical change,” Hoyer told The Associated Press in an interview. “This is exactly what the Founders wanted to happen.”
The House approved the new rules Friday, during what could likely be the chamber’s last fully in-person votes for the foreseeable future.
From now on, lawmakers will be allowed to cast House floor votes by proxy — without being “present” as the Constitution requires. The next step will allow them to skip the middle-man and simply vote remotely once leaders approve the technology.
The shift will dramatically change the look, if not the operation, of the legislative branch — launching a 21st century WFH House, like others, “working from home.”
Debate over the changes has been fierce.
As President Donald Trump encourages Americans back to work, Democrats pushed the changes past the objections of Republicans.
“It’s a very sad day inside this House,” said Minority Leader Kevin McCarthy of California.
Neither Civil War nor Great Depression or any other national crisis had spurred the House to allow its members to vote from home, a sign of how deeply the virus outbreak act is disrupting the institutional norms of American life.
McCarthy, a top Trump ally, argued during debate, “The founders would be ashamed.”
But like the rest of the country, lawmakers are weighing risks and responsibilities. Since the virus outbreak shuttered Capitol Hill in March, the 435-member House has largely stayed away while the smaller Senate resumed operations. Several lawmakers and dozens of staff in the sprawling complex have tested positive as the virus hits close.
Democrats argue the House can rely on technology for remote work as the pandemic drags on. But Republicans objected to what they see as a power grab during the crisis.
Rep. Tom Cole of Oklahoma, the top Republican on the rules panel, warned the changes will fundamentally alter the nature of the institution, “and not for the better.”
Under the new rules, House lawmakers will no longer be required to travel to Washington to participate in floor votes. Some will. But others can assign their vote to another lawmaker who will be at the Capitol to cast it for them. A single lawmaker can carry 10 proxy votes to the chamber.
Just as important, the House committees — the bread and butter of legislative work — will be able to fully function remotely. Committee hearings are prime-time for lawmakers — the chance to grill officials, spar with colleagues and have much of it captured on C-SPAN. House lawmakers will be able to draft bills, conduct oversight and even issue subpoenas from the comfort of their homes.
With the Capitol physician warning it could be years before Congress resumes full operations, lawmakers are anxious to show constituents they are working — but safely.
“Convening Congress must not turn into a super-spreader event,” said Rep. Jim McGovern, D-Mass., the chairman of the Rules Committee.
The changes are expected to be temporary, only through the remainder of this session of Congress, at the end of the year. Democrats insist the changes should be used only under times of crisis.
But Republicans warn there will be legal challenges to legislation passed during this period, questioning the constitutional legitimacy of proxy votes.
“You’ve got to be here,” said another Trump ally, Rep. Jim Jordan, R-Ohio. “You can’t phone it in.”
House Speaker Nancy Pelosi shelved the proposal two weeks ago insisting she wanted any change of this significance to be bipartisan. McCarthy had proposed a “hybrid” plan that would allow the committees to conduct work remotely but stopped short of allowing the proxy floor voting. A bipartisan task force failed to reach a compromise.
The House has never allowed proxy floor votes, even during some of the most challenging eras in the nation’s history. Lawmakers convened during the 1918 Spanish Flu epidemic and only stayed away a short time after the 2001 terror attacks. Proxy votes had been allowed in committees, but that ended decades ago.
For Hoyer, who has spent half is lifetime in Congress — marking his 40th year in the House next week — it’s a reminder that technological savvy cuts across generational and institutional lines.
He acknowledges being new to technology but quickly grew “enamored” by feeling of proximity video provided. “It’s a real experience,” he said.
As lawmakers pushed for options during the crisis, the leader came on board. He’s not a fan of proxy voting — he would have preferred a video vote — but sees it as a temporary step until they are able to create the remote vote option.
Known as an institutionalist who often welcomes freshmen lawmakers with Capitol tours, Hoyer believes the changes are in keeping with tradition.
“It is unacceptable to have the Congress sidelined at any point in time,” he said.
“It is the use of technology to do the same thing the Congress has been doing since its inception,” he said — conducting oversight and debating and passing legislation “and sending it to the desk of the president.”


talkingpointsmemo--2020-05-18--Trump Claims He Is Taking Anti-Malaria Drug To Prevent COVID-19 Infection

President Donald Trump said Monday that he is taking the anti-malaria drug hydroxychloroquine in an attempt to prevent against a novel coronavirus infection — despite the Food and Drug Administration warning against using the drug outside of a hospital or clinical setting .
“ I happen to be taking it , ” Trump told reporters Monday , later clarifying that he was combining zinc with the anti-malaria medication .
Trump said he has been taking the medication for a couple of weeks .
“ I ’ m taking the two , the zinc and the hydroxy , ” the President @ @ @ @ @ @ @ tell you is , so far I seem to be okay.
” Asked why he was taking the drug , Trump responded : “ Here ’ s my evidence , I get a lot of positive calls about it.
” Trump has for months promoted hydroxychloroquine as a potential wonder drug for COVID-19 patients , despite a lack of evidence that it ’ s actually effective against the disease .
The drug has been used for years as an anti-malarial .
It ’ s also prescribed to lupus and rheumatoid arthritis patients .
@ @ @ @ @ @ @ its efficacy against COVID-19 .
Last month , the FDA warned against using the drug outside of clinical and hospital settings due to “ reports of serious heart rhythm problems.
” Trump on Monday also disparaged as “ very unscientific ” a study of veterans hospital patients that failed to find hydroxychloroquine effective against the virus .
“ I get a lot of tremendously positive news on the hydroxy , ” Trump said , adding that he ’ s said in the past of the drug : “ What do you have to @ @ @ @ @ @ @ stunned by the revelation .
Host Neil Cavuto , speaking to the Rutgers University professor of medicine Dr. Bob Lahita after the President ’ s remarks , asked if there was a risk of death for Americans following Trump ’ s advice .
“ Be very , very careful of what you put in your mouth and what you swallow , be it liquid or solid , ” the doctor added .
“ Because everything has a trade-off , and these drugs can be very dangerous .
And if they don ’ t @ @ @ @ @ @ @ reason to take them.
” The President made the revelation while attacking Dr. Rick Bright , a vaccine expert who directed a key government office until he was recently demoted .
Bright has said his removal was retaliation for becoming a whistleblower about hydroxychloroquine .
Trump pointed out that Bright signed the request for the FDA to issue an “ emergency use authorization ” ( EUA ) to allow the strategic national stockpile to accept donated doses of hydroxychloroquine .
“ Who signed the application ?
” Trump said Monday .
“ He @ @ @ @ @ @ @ believer at one point , I assume , otherwise he shouldn ’ t have signed it , no matter who told him to.
” But that leaves out key context : The EUA Bright requested would only allow the donated drugs to be prescribed “ to hospitalized teen and adult patients with COVID-19 , as appropriate , when a clinical trial is not available or feasible.
” And in his recent whistleblower complaint , Bright described the EUA as a “ compromise position , ” one he took in order to satisfy higher-ups @ @ @ @ @ @ @ even more widely .
Even after the EUA was issued , Bright alleged , “ the Administration nevertheless continued to push for expanded , unsupervised access to chloroquine and hydroxychloroquine , in blatant violation of the EUA issued by its own FDA and regardless of the risk to the American public.
” This post has been updated .

President Donald Trump said Monday that he is taking the anti-malaria drug hydroxychloroquine in an attempt to prevent against a novel coronavirus infection — despite the Food and Drug Administration warning against using the drug outside of a hospital or clinical setting.
“I happen to be taking it,” Trump told reporters Monday, later clarifying that he was combining zinc with the anti-malaria medication. Trump said he has been taking the medication for a couple of weeks.
“I’m taking the two, the zinc and the hydroxy,” the President said. “And all I can tell you is, so far I seem to be okay.”
Asked why he was taking the drug, Trump responded: “Here’s my evidence, I get a lot of positive calls about it.”
Trump has for months promoted hydroxychloroquine as a potential wonder drug for COVID-19 patients, despite a lack of evidence that it’s actually effective against the disease.
The drug has been used for years as an anti-malarial. It’s also prescribed to lupus and rheumatoid arthritis patients. But large scale studies have not supported its efficacy against COVID-19.
Last month, the FDA warned against using the drug outside of clinical and hospital settings due to “reports of serious heart rhythm problems.”
Trump on Monday also disparaged as “very unscientific” a study of veterans hospital patients that failed to find hydroxychloroquine effective against the virus.
“I get a lot of tremendously positive news on the hydroxy,” Trump said, adding that he’s said in the past of the drug: “What do you have to lose?”
Even Fox News was stunned by the revelation. Host Neil Cavuto, speaking to the Rutgers University professor of medicine Dr. Bob Lahita after the President’s remarks, asked if there was a risk of death for Americans following Trump’s advice.
“That is correct,” Lahita said.
“Be very, very careful of what you put in your mouth and what you swallow, be it liquid or solid,” the doctor added. “Because everything has a trade-off, and these drugs can be very dangerous. And if they don’t have any effect, there is no reason to take them.”
The President made the revelation while attacking Dr. Rick Bright, a vaccine expert who directed a key government office until he was recently demoted. Bright has said his removal was retaliation for becoming a whistleblower about hydroxychloroquine. Trump pointed out that Bright signed the request for the FDA to issue an “emergency use authorization” (EUA) to allow the strategic national stockpile to accept donated doses of hydroxychloroquine.
“Who signed the application?” Trump said Monday. “He did the signing. He was a believer at one point, I assume, otherwise he shouldn’t have signed it, no matter who told him to.”
But that leaves out key context: The EUA Bright requested would only allow the donated drugs to be prescribed “to hospitalized teen and adult patients with COVID-19, as appropriate, when a clinical trial is not available or feasible.”
And in his recent whistleblower complaint, Bright described the EUA as a “compromise position,” one he took in order to satisfy higher-ups’ demand that the drug be distributed even more widely.
Even after the EUA was issued, Bright alleged, “the Administration nevertheless continued to push for expanded, unsupervised access to chloroquine and hydroxychloroquine, in blatant violation of the EUA issued by its own FDA and regardless of the risk to the American public.”
This post has been updated.


talkingpointsmemo--2020-05-18--Pompeo Claims He Didn’t Know That Fired IG Was Investigating Him

Secretary of State Mike Pompeo said Monday that he didn ’ t know the inspector general of the State Department was investigating him for mistreating a political appointee , but confirmed that he recommended his firing to President Donald Trump .
“ I went to the president and made clear to him that Inspector General Linick wasn ’ t performing a function in a way that we had tried to get him to , that was additive for the State Department , very consistent with what the statute says he ’ s supposed to be doing , ” he told @ @ @ @ @ @ @ of activities he ’ s supposed to undertake to make us better , to improve us.
” Linick was reportedly investigating Pompeo for making a political appointee run errands — like walking his dog and picking up dry cleaning — for him and his wife .
“ It is not possible that this decision , or my recommendation rather , to the president rather , was based on any effort to retaliate for any investigation that was going on , or is currently going on , ” he added to the Post .
@ @ @ @ @ @ @ know .
I ’ m not briefed on it .
I usually see these investigations in final draft form 24 hours , 48 hours before the IG is prepared to release them.
” Linick was also wrapping up another , unrelated probe into Pompeo , investigating allegations that Pompeo and President Trump wrongly circumvented Congress to approve billions in arms sales to Saudi Arabia last year .
Pompeo did not address that investigation in his conversation with the Post .
The State Department did not immediately respond to questions from TPM , including @ @ @ @ @ @ @ declined to sit for an interview in the IG ’ s office regarding the Saudi arms deal .
Eliot Engel , chairman of the House Committee on Foreign Affairs , confirmed to TPM the existence of the IG ’ s probe into the arms deal .
“ His office was investigating — at my request — Trump ’ s phony declaration of an emergency so he could send weapons to Saudi Arabia , ” Eliot said of Linick .
“ We don ’ t have the full picture yet , but it ’ @ @ @ @ @ @ @ Linick pushed out before this work could be completed.
” In the same Washington Post article , Brian Bulatao , the State Department ’ s undersecretary for management , painted Linick ’ s ouster as a reaction to suspicions that he was leaking information to the press .
Bulatao said concern had grown about Linick after a “ pattern of unauthorized disclosures , or leaks ” to news outlets , though he could not confirm that the IG was personally behind the leaks .
Linick is the fourth inspector general Trump has fired @ @ @

Secretary of State Mike Pompeo said Monday that he didn’t know the inspector general of the State Department was investigating him for mistreating a political appointee, but confirmed that he recommended his firing to President Donald Trump.
“I went to the president and made clear to him that Inspector General Linick wasn’t performing a function in a way that we had tried to get him to, that was additive for the State Department, very consistent with what the statute says he’s supposed to be doing,” he told the Washington Post. “The kinds of activities he’s supposed to undertake to make us better, to improve us.”
Linick was reportedly investigating Pompeo for making a political appointee run errands — like walking his dog and picking up dry cleaning — for him and his wife.
“It is not possible that this decision, or my recommendation rather, to the president rather, was based on any effort to retaliate for any investigation that was going on, or is currently going on,” he added to the Post. “Because I simply don’t know. I’m not briefed on it. I usually see these investigations in final draft form 24 hours, 48 hours before the IG is prepared to release them.”
Linick was also wrapping up another, unrelated probe into Pompeo, investigating allegations that Pompeo and President Trump wrongly circumvented Congress to approve billions in arms sales to Saudi Arabia last year. Pompeo did not address that investigation in his conversation with the Post.
The State Department did not immediately respond to questions from TPM, including on new reporting from CNN that Pompeo declined to sit for an interview in the IG’s office regarding the Saudi arms deal.
Eliot Engel, chairman of the House Committee on Foreign Affairs, confirmed to TPM the existence of the IG’s probe into the arms deal.
“His office was investigating — at my request — Trump’s phony declaration of an emergency so he could send weapons to Saudi Arabia,” Eliot said of Linick. “We don’t have the full picture yet, but it’s troubling that Secretary Pompeo wanted Mr. Linick pushed out before this work could be completed.”
In the same Washington Post article, Brian Bulatao, the State Department’s undersecretary for management, painted Linick’s ouster as a reaction to suspicions that he was leaking information to the press.
Bulatao said concern had grown about Linick after a “pattern of unauthorized disclosures, or leaks” to news outlets, though he could not confirm that the IG was personally behind the leaks.
Linick is the fourth inspector general Trump has fired this spring.


talkingpointsmemo--2020-05-18--Trump Nominates Cleveland US Attorney To DC Post, Overseeing Flynn Case

President Trump nominated a permanent U.S. Attorney for the District of Columbia on Monday , naming current U.S. Attorney for the Northern District of Ohio Justin Herdman to the position .
The move brings acting U.S. Attorney for D.C. Timothy Shea ’ s brief , fraught tenure to an end , while putting Herdman in charge of a U.S. Attorney ’ s Office that ’ s seen politicized intervention from Attorney General Bill Barr to benefit two associates of the President ’ s .
The office has jurisdiction over some of the country ’ s most sensitive — and politically @ @ @ @ @ @ @ in its ability to prosecute both local and federal crimes in the nation ’ s capital .
These can run the gamut from terrorism to alleged public corruption by politicians and those in their orbit .
Shea signed off on May 7 on an explosive motion to drop charges against former National Security Adviser Michael Flynn , asking a federal judge to allow the Justice Department to stop prosecuting Flynn for a crime to which he pleaded guilty in 2017 .
Barr had tasked U.S. Attorney for the Eastern District of Missouri Jeff @ @ @ @ @ @ @ the Flynn prosecution , and used the product — mischaracterizations and all — as a justification for dropping the case .
That review came as other U.S .
Attorneys around the nation have been tasked with conducting probes investigating various theories that have also been propagated by allies of the President .
John Durham , the U.S. Attorney for Connecticut , is probing alleged criminal wrongdoing related to the origins of the Mueller investigation , while Scott Brady , the U.S. Attorney in Pittsburgh , has jurisdiction over “ matters related to Ukraine.
@ @ @ @ @ @ @ played a role in these investigations .
A former New York City assistant attorney and former Cleveland federal prosecutor , Herdman was recommended for his position in Ohio by both Sens .
Rob Portman ( R-OH ) and Sherrod Brown ( D-OH ) .
“ Justin Herdman is an experienced prosecutor and public servant who has what it takes to serve Ohio ’ s Northern District , ” Brown said in a statement at the time .
Barr applauded Herdman ’ s nomination in a statement Monday , saying that Herdman had “ @ @ @ @ @ @ @ of the Department and this nomination is a reflection [ of ] his sharp intellect , sound judgment , and dedication to the mission of the Department of Justice.
” Herdman ’ s nomination also comes after the DOJ asked for a lighter sentence for Roger Stone , the longtime GOP operative and associate of President Trump ’ s , after a team of career prosecutors had already asked for a tougher term of confinement .
Back in March 2019 , one month after Barr took the reins at the Justice Department , @ @ @ @ @ @ @ Journal article about Barr ’ s efforts to set policy priorities for the Justice Department .
The article described Barr meeting with various U.S .
Attorneys from around the country .
“ He ’ s very interested in what is working and what isn ’ t , ” Herdman was quoted as saying about a meeting he had held with Barr .
“ He was an active listener .
He asked probing questions .
”

President Trump nominated a permanent U.S. Attorney for the District of Columbia on Monday, naming current U.S. Attorney for the Northern District of Ohio Justin Herdman to the position.
The move brings acting U.S. Attorney for D.C. Timothy Shea’s brief, fraught tenure to an end, while putting Herdman in charge of a U.S. Attorney’s Office that’s seen politicized intervention from Attorney General Bill Barr to benefit two associates of the President’s.
The office has jurisdiction over some of the country’s most sensitive — and politically delicate — matters. It is unique in its ability to prosecute both local and federal crimes in the nation’s capital. These can run the gamut from terrorism to alleged public corruption by politicians and those in their orbit.
Shea signed off on May 7 on an explosive motion to drop charges against former National Security Adviser Michael Flynn, asking a federal judge to allow the Justice Department to stop prosecuting Flynn for a crime to which he pleaded guilty in 2017.
Barr had tasked U.S. Attorney for the Eastern District of Missouri Jeff Jensen with carrying out a review of the Flynn prosecution, and used the product — mischaracterizations and all — as a justification for dropping the case.
That review came as other U.S. Attorneys around the nation have been tasked with conducting probes investigating various theories that have also been propagated by allies of the President. John Durham, the U.S. Attorney for Connecticut, is probing alleged criminal wrongdoing related to the origins of the Mueller investigation, while Scott Brady, the U.S. Attorney in Pittsburgh, has jurisdiction over “matters related to Ukraine.”
It does not appear that Herdman played a role in these investigations. A former New York City assistant attorney and former Cleveland federal prosecutor, Herdman was recommended for his position in Ohio by both Sens. Rob Portman (R-OH) and Sherrod Brown (D-OH).
“Justin Herdman is an experienced prosecutor and public servant who has what it takes to serve Ohio’s Northern District,” Brown said in a statement at the time.
Barr applauded Herdman’s nomination in a statement Monday, saying that Herdman had “taken an increasing role in the leadership of the Department and this nomination is a reflection [of] his sharp intellect, sound judgment, and dedication to the mission of the Department of Justice.”
Herdman’s nomination also comes after the DOJ asked for a lighter sentence for Roger Stone, the longtime GOP operative and associate of President Trump’s, after a team of career prosecutors had already asked for a tougher term of confinement.
Back in March 2019, one month after Barr took the reins at the Justice Department, Herdman was quoted in a Wall Street Journal article about Barr’s efforts to set policy priorities for the Justice Department.
The article described Barr meeting with various U.S. Attorneys from around the country.
“He’s very interested in what is working and what isn’t,” Herdman was quoted as saying about a meeting he had held with Barr. “He was an active listener. He asked probing questions.”


talkingpointsmemo--2020-05-18--Church Service Exposed More Than 180 Worshipers To Coronavirus Patient, CA County Says

A Mother ’ s Day church service held in violation of California ’ s coronavirus public health orders resulted in the exposure of over 180 people to the virus .
The Butte County Public Health Department first announced Friday that it had begun a contact tracing operation to respond to a religious service “ where a person with lab-confirmed COVID-19 attended.
” On Sunday , pastor Mike Jacobsen of Palermo Bible Family Church ( PBFC ) confirmed to the Los Angeles Times that PFBC held the service in question .
The COVID-19 carrier who attended the service did not receive @ @ @ @ @ @ @ Butte County officials said .
And Jacobsen claimed in a live-streamed sermon Sunday that the person was asymptomatic at the service and only began feeling sick the following day .
“ They didn ’ t do it intentionally , they didn ’ t come to church intentionally , ” Jacobsen said Sunday .
“ It was never my heart to put our church in harm ’ s way .
That ’ s never been my desire.
” “ Despite the Governor ’ s order , the organization chose to open its doors , @ @ @ @ @ @ @ to COVID-19 , ” the health department said in a statement .
“ This decision comes at a cost of many hours and a financial burden to respond effectively to slow or stop the spread of COVID-19 .
Such decisions can place great risk on the County ’ s ability to continue opening at a faster rate than the State.
” Jacobsen did not respond to TPM ’ s request for comment .
He said during the livestream that he had been contacted by the sheriff ’ s office following the service .
@ @ @ @ @ @ @ had been in the hospital in Sacramento , but he did not describe their condition or say whether their hospitalizations were related to coronavirus .
Acknowledging the exposure during the livestream Sunday , the pastor said he understood that others believed the in-person service was a mistake , but said he disagreed .
“ I didn ’ t feel like the decision we made was irresponsible , and can I tell you , we still don ’ t , ” Jacobsen said .
Earlier , he compared the decision to Peter ’ s @ @ @ @ @ @ @ walk on water at the Sea of Galilee .
“ Some have said , ‘ That wasn ’ t using good common sense , ' ” Jacobsen said , referring to his decision to hold a Mother ’ s Day service .
“ I might ask you , was it common sense for Peter to step out of the boat onto the stormy seas of Galilee to go toward Jesus ?
No , there was no common sense in that .
Faith has nothing to do with making sense.
” “ I want @ @ @ @ @ @ @ pastor said later in the service .
“ I want to leave what makes sense — the comfortable boat that everybody else is in .
If I have to step out in front , I want to do so .
I want lead with a passion because my heart is in the right place .
My desires for the people of God and those who do not yet know God is in the right place .
I want to be one that wins the harvest for Jesus Christ.
” Butte County ’ s @ @ @ @ @ @ @ TPM ’ s request for comment .
But it said in its statement Friday that it was working to establish testing for everyone who attended the service .
“ Individuals attending the service have been notified of their exposure and instructed by BCPH to self-quarantine , ” the department said .
“ Information about how to monitor themselves for symptoms , how to contact BCPH and what to do if they become symptomatic has been provided.
” In a live-streamed Bible study last week , Jacobsen compared depriving in-person worship as akin to @ @ @ @ @ @ @ arms of its mother , ” the Times noted .
During Sunday ’ s service , he used a similar analogy .
“ It would be like me going to somebody else that has children and saying to them , ‘ You know , I can tell you how to raise your kids better than you can.
’ But I can ’ t , because those children belong to somebody else .
”

A Mother’s Day church service held in violation of California’s coronavirus public health orders resulted in the exposure of over 180 people to the virus.
The Butte County Public Health Department first announced Friday that it had begun a contact tracing operation to respond to a religious service “where a person with lab-confirmed COVID-19 attended.” On Sunday, pastor Mike Jacobsen of Palermo Bible Family Church (PBFC) confirmed to the Los Angeles Times that PBFC held the service in question.
The COVID-19 carrier who attended the service did not receive a diagnosis until the day afterward, Butte County officials said. And Jacobsen claimed in a live-streamed sermon Sunday that the person was asymptomatic at the service and only began feeling sick the following day.
“They didn’t do it intentionally, they didn’t come to church intentionally,” Jacobsen said Sunday. “It was never my heart to put our church in harm’s way. That’s never been my desire.”
Public health officials sounded a slightly less sympathetic note.
“Despite the Governor’s order, the organization chose to open its doors, which resulted in exposing the entire congregation to COVID-19,” the health department said in a statement. “This decision comes at a cost of many hours and a financial burden to respond effectively to slow or stop the spread of COVID-19. Such decisions can place great risk on the County’s ability to continue opening at a faster rate than the State.”
Jacobsen did not respond to TPM’s request for comment. He said during the livestream that he had been contacted by the sheriff’s office following the service. Jacobsen also said that two church members had been in the hospital in Sacramento, but he did not describe their condition or say whether their hospitalizations were related to coronavirus.
Acknowledging the exposure during the livestream Sunday, the pastor said he understood that others believed the in-person service was a mistake, but said he disagreed.
“I didn’t feel like the decision we made was irresponsible, and can I tell you, we still don’t,” Jacobsen said.
Earlier, he compared the decision to Peter’s decision to follow Jesus’ command and walk on water at the Sea of Galilee.
“Some have said, ‘That wasn’t using good common sense,'” Jacobsen said, referring to his decision to hold a Mother’s Day service.
“I might ask you, was it common sense for Peter to step out of the boat onto the stormy seas of Galilee to go toward Jesus? No, there was no common sense in that. Faith has nothing to do with making sense.”
“I want to be like Peter,” the pastor said later in the service. “I want to leave what makes sense — the comfortable boat that everybody else is in. If I have to step out in front, I want to do so. I want lead with a passion because my heart is in the right place. My desires for the people of God and those who do not yet know God is in the right place. I want to be one that wins the harvest for Jesus Christ.”
Butte County’s public health department did not respond to TPM’s request for comment. But it said in its statement Friday that it was working to establish testing for everyone who attended the service.
“Individuals attending the service have been notified of their exposure and instructed by BCPH to self-quarantine,” the department said. “Information about how to
monitor themselves for symptoms, how to contact BCPH and what to do if they become symptomatic has been provided.”
In a live-streamed Bible study last week, Jacobsen compared depriving in-person worship as akin to taking “an infant out of the arms of its mother,” the Times noted. During Sunday’s service, he used a similar analogy.
“It would be like me going to somebody else that has children and saying to them, ‘You know, I can tell you how to raise your kids better than you can.’ But I can’t, because those children belong to somebody else.”


talkingpointsmemo--2020-05-18--Music To Trump’s Ears: GOP Chair Says Convention Will Still Be Held In-Person

There are no plans to change the 2020 Republican National Convention in Charlotte , North Carolina from its at least @ @ @ @ @ formally nominates President Donald Trump , according to Republican Party chair Ronna McDaniel .
“ @ @ @ @ @ a virtual convention , ” McDaniel said in a call with reporters on Monday , @ @ @ @ @ The GOP chair said that the convention , scheduled on August 24 to 27 , @ @ @ @ @ away.
” “ And there ’ s ample time for us to adjust , if @ @ @ @ @ reporters .

There are no plans to change the 2020 Republican National Convention in Charlotte, North Carolina from its at least partial in-person format when it formally nominates President Donald Trump, according to Republican Party chair Ronna McDaniel.
“We will not be holding a virtual convention,” McDaniel said in a call with reporters on Monday, per the Associated Press.
The GOP chair said that the convention, scheduled on August 24 to 27, is “quite a ways away.”
“And there’s ample time for us to adjust, if necessary,” she told reporters.


talkingpointsmemo--2020-05-18--Texas Supreme Court Sides With AG To Pause COVID-19 Absentee Voting Push

This piece is part of our weekly Prime series on voting rights , but it has been moved outside of the paywall while we cover COVID-19 .
As most states are proactively trying to expand absentee voting in light of the pandemic , Texas is pushing for the opposite , by aggressively fighting efforts by local officials and voter advocates to make absentee voting easier .
The state ’ s Republican officials secured a preliminary victory in the fight .
Democrats and voting rights groups had gone to court to make fear of contracting the virus a valid excuse for @ @ @ @ @ @ @ indicated they would treat the fear as such .
The groups had some success in lower state courts , and also have a related federal lawsuit pending , but the state Supreme Court on Friday said it was putting the lower state court rulings on hold while it considers the case on its merit .
Friday ’ s ruling was a victory for Texas Attorney General Ken Paxton , who is arguing that only those who show signs of having contracted the virus qualify for the state ’ s exemptions to vote absentee @ @ @ @ @ @ @ in the national fight over pandemic voting : • The ACLU filed a lawsuit in Tennessee , one of the few other states not recognizing the pandemic as a valid excuse to vote absentee , to loosen those restrictions .
• Democrats filed an additional absentee voting lawsuit in federal court challenging Texas ‘ restrictions on ballot harvesting , its signature matching requirements , its deadlines for the process and its lack of paid postage .
• The state supreme court in Pennsylvania dismissed one lawsuit seeking to loosen the deadlines around absentee @ @ @ @ @ @ @ asking a federal court to change the deadlines , among other things , is still alive .
• Disability advocates are suing Wisconsin to get absentee request forms sent to all registered voters and to force the hiring of more poll workers .
• A federal court in Georgia dismissed a lawsuit seeking to delay the June primary there due to the pandemic .
Missouri GOP Gets Measure Cutting Anti-Gerrymandering Reform On Ballot : Missouri voters will be asked this fall to water down several anti-gerrymandering redistricting provisions they approved in 2018 , @ @ @ @ @ @ @ Republicans last week .
The new initiative also would let Missouri exclude non-citizens from its redistricting count , a longstanding goal of the GOP that would shift political power to white voters and away from diverse communities .
Lawsuit Seeks To Loosen North Carolina ’ s Ex-Felon Voting Restrictions : In non-coronavirus election news , voter groups are challenging North Carolina ’ s ban on ex-felon voting while they are on probation , parole , or post-release supervision .
Nearly 60,000 North Carolinians are blocked from voting under the ban , according to @ @ @ @ @ @ @ a disproportionate effect on African Americans .
House Dems Push Major Pandemic Voter Reforms : Voting rights remains a priority for House Democrats in their pandemic-related bills , even if most of the measures stand little chance in the GOP Senate .
• The coronavirus relief bill the House passed Friday expanded absentee and early voting , lowered some of the hurdles to voting absentee and boosted funding for adapting elections to the pandemic .
• The House bill also would give the Census Bureau more time to complete its work , while @ @ @ @ @ @ @ redistricting purposes , as President Trump has pushed .
• A separate House proposal would eliminate the state match requirement for receiving the election funding previously appropriated by Congress in prior COVID-19 response laws .

This piece is part of our weekly Prime series on voting rights, but it has been moved outside of the paywall while we cover COVID-19.
As most states are proactively trying to expand absentee voting in light of the pandemic, Texas is pushing for the opposite, by aggressively fighting efforts by local officials and voter advocates to make absentee voting easier. The state’s Republican officials secured a preliminary victory in the fight. Democrats and voting rights groups had gone to court to make fear of contracting the virus a valid excuse for voting absentee, as some local officials indicated they would treat the fear as such. The groups had some success in lower state courts, and also have a related federal lawsuit pending, but the state Supreme Court on Friday said it was putting the lower state court rulings on hold while it considers the case on its merit. Friday’s ruling was a victory for Texas Attorney General Ken Paxton, who is arguing that only those who show signs of having contracted the virus qualify for the state’s exemptions to vote absentee.
Here are some more legal developments in the national fight over pandemic voting:
The ACLU filed a lawsuit in Tennessee, one of the few other states not recognizing the pandemic as a valid excuse to vote absentee, to loosen those restrictions.
Democrats filed an additional absentee voting lawsuit in federal court challenging Texas ‘ restrictions on ballot harvesting, its signature matching requirements, its deadlines for the process and its lack of paid postage.
‘ restrictions on ballot harvesting, its signature matching requirements, its deadlines for the process and its lack of paid postage. The state supreme court in Pennsylvania dismissed one lawsuit seeking to loosen the deadlines around absentee voting, but another lawsuit that is asking a federal court to change the deadlines, among other things, is still alive.
dismissed one lawsuit seeking to loosen the deadlines around absentee voting, but another lawsuit that is asking a federal court to change the deadlines, among other things, is still alive. Disability advocates are suing Wisconsin to get absentee request forms sent to all registered voters and to force the hiring of more poll workers.
to get absentee request forms sent to all registered voters and to force the hiring of more poll workers. A federal court in Georgia dismissed a lawsuit seeking to delay the June primary there due to the pandemic.
Missouri GOP Gets Measure Cutting Anti-Gerrymandering Reform On Ballot: Missouri voters will be asked this fall to water down several anti-gerrymandering redistricting provisions they approved in 2018, with a ballot initiative advanced by statehouse Republicans last week. The new initiative also would let Missouri exclude non-citizens from its redistricting count, a longstanding goal of the GOP that would shift political power to white voters and away from diverse communities.
Lawsuit Seeks To Loosen North Carolina’s Ex-Felon Voting Restrictions: In non-coronavirus election news, voter groups are challenging North Carolina’s ban on ex-felon voting while they are on probation, parole, or post-release supervision. Nearly 60,000 North Carolinians are blocked from voting under the ban, according to the lawsuit, and the prohibition has a disproportionate effect on African Americans.
House Dems Push Major Pandemic Voter Reforms: Voting rights remains a priority for House Democrats in their pandemic-related bills, even if most of the measures stand little chance in the GOP Senate.


talkingpointsmemo--2020-05-18--Buckle Up For The Next Phase Of The Flynn Case

A proposal was filed Monday outlining potential next steps in cleaning up the mess in the Michael Flynn case .
In the filing , John Gleeson , the retired judge who has been appointed to oppose the government ’ s request to drop the prosecution , suggested he may need to obtain additional facts in the case .
Gleeson was appointed by Flynn ’ s judge , U.S. District Judge Emmet Sullivan of Washington D.C. , last week , after the Justice Department ’ s bombshell move to seek dismissal of the case .
Flynn had pleaded guilty in December @ @ @ @ @ @ @ that year about his Russian contacts .
But in recent months , Flynn has tried walk back that plea and push allegations of prosecutorial misconduct — with his former boss , President Trump , cheering on the effort .
The Justice Department ’ s move last month to try to drop the case is believed to be unprecedented , given the multiple occasions Flynn previously affirmed his guilty plea in court .
In appointing Gleeson , Sullivan has also asked him to examine whether Flynn committed perjury .
Gleeson told Sullivan on Monday @ @ @ @ @ @ @ to file his friend-of-the-court brief addressing the question of whether the court can deny the DOJ request to dismiss the case and if so , the legal standard for doing so .
Gleeson also said by then he ’ d lay out “ any additional factual development I may need before finalizing my argument in opposition to the government ’ s motion in this case.
” Gleeson did not elaborate on what areas of the factual record he may like to look at , or whether it would include how top DOJ officials @ @ @ @ @ @ @ .
Finally , Gleeson told Sullivan that by June 10 he could also address “ whether , based on the record before the Court , it should order the defendant to show cause why he should not be held in criminal contempt for perjury.
” It will be up to Sullivan to approve of Gleeson ’ s proposed June 10 briefing deadline .
Gleeson ’ s Monday filing also suggested that the judge “ set a schedule for responses ( by the government , the defendant , and any other amici ) to @ @ @ @ @ @ @ to those responses , and oral argument.
” Gleeson hinted there could be more to come after this first round of arguments — meaning that , absent a Trump pardon , the Flynn saga could drag on for several more months .
“ Upon the resolution of the issues addressed by my brief or raised in response to it , a schedule for any remaining proceedings could be set , ” Gleeson said .
“ Of course , I will proceed in whatever manner and on whatever timeline the Court directs , and @ @ @ @ @ @ @ resolution of the issues identified in the Court ’ s May 13 order .
”

A proposal was filed Monday outlining potential next steps in cleaning up the mess in the Michael Flynn case.
In the filing, John Gleeson, the retired judge who has been appointed to oppose the government’s request to drop the prosecution, suggested he may need to obtain additional facts in the case.
Gleeson was appointed by Flynn’s judge, U.S. District Judge Emmet Sullivan of Washington D.C., last week, after the Justice Department’s bombshell move to seek dismissal of the case.
Flynn had pleaded guilty in December 2017 to lying to the FBI earlier that year about his Russian contacts. But in recent months, Flynn has tried walk back that plea and push allegations of prosecutorial misconduct — with his former boss, President Trump, cheering on the effort. The Justice Department’s move last month to try to drop the case is believed to be unprecedented, given the multiple occasions Flynn previously affirmed his guilty plea in court.
In appointing Gleeson, Sullivan has also asked him to examine whether Flynn committed perjury.
Gleeson told Sullivan on Monday that he would like until June 10 to file his friend-of-the-court brief addressing the question of whether the court can deny the DOJ request to dismiss the case and if so, the legal standard for doing so.
Gleeson also said by then he’d lay out “any additional factual development I may need before finalizing my argument in opposition to the government’s motion in this case.”
Gleeson did not elaborate on what areas of the factual record he may like to look at, or whether it would include how top DOJ officials went about reversing course in the case.
Finally, Gleeson told Sullivan that by June 10 he could also address “whether, based on the record before the Court, it should order the defendant to show cause why he should not be held in criminal contempt for perjury.”
It will be up to Sullivan to approve of Gleeson’s proposed June 10 briefing deadline. Gleeson’s Monday filing also suggested that the judge “set a schedule for responses (by the government, the defendant, and any other amici) to my filing, a reply by me to those responses, and oral argument.”
Gleeson hinted there could be more to come after this first round of arguments — meaning that, absent a Trump pardon, the Flynn saga could drag on for several more months.
“Upon the resolution of the issues addressed by my brief or raised in response to it, a schedule for any remaining proceedings could be set,” Gleeson said. “Of course, I will proceed in whatever manner and on whatever timeline the Court directs, and I understand the need for an expeditious resolution of the issues identified in the Court’s May 13 order.”
Read the filing below:


talkingpointsmemo--2020-05-18--Barr Chucks Some Anti-Mueller Red Meat But Distances Himself From ‘Obamagate’

Attorney General Bill Barr upped his bashing of special counsel Robert Mueller ’ s Russia probe on Monday while also taking some wind out of the sails of the so-called “ Obamagate ” claims that President Trump and his allies are pushing .
Barr left the door open for “ others ” to face criminal investigation , saying “ some aspects of the matter are being examined as potential crimes.
” Those hints came as Barr lobbed some of his harshest criticisms of the Russia investigation yet .
Barr targeted not just its origins , but the two years that @ @ @ @ @ @ @ a dear friend — led it .
“ What happened to the President in the 2016 election and throughout the first two years of his administration was abhorrent , ” Barr said .
“ It was a grave injustice and it was unprecedented in American history.
” Barr , apparently without irony , decried the “ increasing attempts ” over the “ past decades ” to “ gin up ” allegations of “ criminality ” against one ’ s political opponents “ based on the flimsiest of legal theories.
” President Trump has @ @ @ @ @ @ @ public remarks suggesting that Obama and Biden should both be prosecuted for supposed crimes related to the Russia probe .
Trump has dubbed the crusade “ Obamagate.
” Trump has struggled to explain exactly what crime Obama has committed .
But the effort to put Obama in anti-Russia probe crosshairs comes amid a push by Trump ’ s allies to tar Obama , after internal RNC polling found the former President ’ s approval rating was above that of other political figures .
Barr said Monday he wouldn ’ t comment on Trump @ @ @ @ @ @ @ remarks .
But Barr said that he would not as attorney general allow the “ criminal justice system ” to be “ used for partisan ends.
” The comments came in a press conference the Justice Department held on the FBI investigation into the Pensacola Naval base shooter .
Barr was asked specifically about Trump ’ s calls for Biden and Obama to be prosecuted .
“ We can not allow this process to be hijacked by efforts to drum up criminal investigations of either candidate , ” Barr said .
“ I @ @ @ @ @ @ @ conducted without this kind of interference .
Any effort to pursue an investigation of either candidate has to be approved by me.
” In his comments , Barr appeared to walk both sides of the line by providing more fodder to allow Trump allies to rewrite the history of the 2016 Russia investigation , while also playing down expectations that his own Justice Department would be able to bring charges against the supposed misconduct .
His reference to the Supreme Court ’ s recent Bridgegate ruling — where the court invalidated the prosecution @ @ @ @ @ @ @ s dual approach of feeding Trump ’ s anti-Mueller hysteria , while stopping short of committing to a Justice Department prosecution of Trump ’ s claims .
“ The court said that there ’ s a difference between an abuse of power and a federal crime , ” Barr said .
“ Not every abuse of power — no matter how outrageous — is necessarily a federal crime .
”

Attorney General Bill Barr upped his bashing of special counsel Robert Mueller’s Russia probe on Monday while also taking some wind out of the sails of the so-called “Obamagate” claims that President Trump and his allies are pushing.
Barr said that, based on what he’s seen so far in the review of the Russia probe he launched, he didn’t “expect” former President Obama or Vice President Joe Biden to face criminal investigation as a result of the review.
Barr left the door open for “others” to face criminal investigation, saying “some aspects of the matter are being examined as potential crimes.”
Those hints came as Barr lobbed some of his harshest criticisms of the Russia investigation yet. Barr targeted not just its origins, but the two years that Mueller – whom Barr once touted as a dear friend — led it.
“What happened to the President in the 2016 election and throughout the first two years of his administration was abhorrent,” Barr said. “It was a grave injustice and it was unprecedented in American history.”
Barr, apparently without irony, decried the “increasing attempts” over the “past decades” to “gin up” allegations of “criminality” against one’s political opponents “based on the flimsiest of legal theories.”
President Trump has done just that in several tweets and public remarks suggesting that Obama and Biden should both be prosecuted for supposed crimes related to the Russia probe. Trump has dubbed the crusade “Obamagate.”
Trump has struggled to explain exactly what crime Obama has committed. But the effort to put Obama in anti-Russia probe crosshairs comes amid a push by Trump’s allies to tar Obama, after internal RNC polling found the former President’s approval rating was above that of other political figures.
Barr said Monday he wouldn’t comment on Trump’s or Biden’s campaign remarks. But Barr said that he would not as attorney general allow the “criminal justice system” to be “used for partisan ends.”
The comments came in a press conference the Justice Department held on the FBI investigation into the Pensacola Naval base shooter. Barr was asked specifically about Trump’s calls for Biden and Obama to be prosecuted.
“We cannot allow this process to be hijacked by efforts to drum up criminal investigations of either candidate,” Barr said. “I am committed that this election will be conducted without this kind of interference. Any effort to pursue an investigation of either candidate has to be approved by me.”
In his comments, Barr appeared to walk both sides of the line by providing more fodder to allow Trump allies to rewrite the history of the 2016 Russia investigation, while also playing down expectations that his own Justice Department would be able to bring charges against the supposed misconduct.
His reference to the Supreme Court’s recent Bridgegate ruling — where the court invalidated the prosecution of the scandal — encapsulated Barr’s dual approach of feeding Trump’s anti-Mueller hysteria, while stopping short of committing to a Justice Department prosecution of Trump’s claims.
“The court said that there’s a difference between an abuse of power and a federal crime,” Barr said. “Not every abuse of power — no matter how outrageous — is necessarily a federal crime.”


talkingpointsmemo--2020-05-18--Foreign Affairs Dem Points To Saudi Arms Sale As Possible Reason For IG’s Ouster

House Foreign Affairs Committee Chairman Rep. Eliot Engel ( D-NY ) put forth on Monday a different reason why President Donald Trump may have fired State Department Inspector General Steve Linick last week , beyond the watchdog ’ s investigation into Secretary of State Mike Pompeo ’ s alleged misuse of staff .
“ I have learned that there may be another reason for Mr. Linick ’ s firing , ” Engel said in a statement obtained by TPM .
“ His office was investigating — at my request — Trump ’ s phony declaration of an emergency so he @ @ @ @ @ @ @ “ We don ’ t have the full picture yet , but it ’ s troubling that Secretary Pompeo wanted Mr. Linick pushed out before this work could be completed , ” the Democratic lawmaker added .
The Trump administration came under fire last year when Pompeo oversaw $ 8 billion arms sale to Saudi Arabia and the United Arab Emirates without Congress ’ approval after the administration declared a state of emergency .
Engel ’ s committee held a hearing last June to grill State Department deputy R. Clarke Cooper on the @ @ @ @ @ @ @ the deal , why it was kept hidden from congressional oversight and what conflicts of interest may have driven the deal given White House senior adviser and Trump son-in-law Jared Kushner ’ s friendship with Saudi Crown Prince Mohammed bin Salman .

House Foreign Affairs Committee Chairman Rep. Eliot Engel (D-NY) put forth on Monday a different reason why President Donald Trump may have fired State Department Inspector General Steve Linick last week, beyond the watchdog’s investigation into Secretary of State Mike Pompeo’s alleged misuse of staff.
“I have learned that there may be another reason for Mr. Linick’s firing,” Engel said in a statement obtained by TPM. “His office was investigating — at my request — Trump’s phony declaration of an emergency so he could send weapons to Saudi Arabia.”
“We don’t have the full picture yet, but it’s troubling that Secretary Pompeo wanted Mr. Linick pushed out before this work could be completed,” the Democratic lawmaker added.
The Trump administration came under fire last year when Pompeo oversaw $8 billion arms sale to Saudi Arabia and the United Arab Emirates without Congress’ approval after the administration declared a state of emergency.
Engel’s committee held a hearing last June to grill State Department deputy R. Clarke Cooper on the administration’s decision-making leading up to the deal, why it was kept hidden from congressional oversight and what conflicts of interest may have driven the deal given White House senior adviser and Trump son-in-law Jared Kushner’s friendship with Saudi Crown Prince Mohammed bin Salman.
Kate Riga contributed reporting.


talkingpointsmemo--2020-05-18--Far-Right WA Rep Matt Shea Skips Ballot Deadline After Being Shunned By Colleagues

Months after being shunned by his colleagues over a damaging report on his involvement with the far-right militia movement , Washington state representative Matt Shea will not appear on the ballot for re-election in 2020 after 11 years as a legislator .
Friday ’ s filing deadline to appear on November ’ s ballot came and went without any word from Shea on his House seat , local Washington outlets reported .
Shea did file , however , to run for the neighborhood-level role of Republican precinct captain .
Shea has been marginalized as a political force for months .
@ @ @ @ @ @ @ and kicked out of the House Republican caucus last year after an independent investigation alleged that he had engaged in “ domestic terrorism ” during the Malheur National Wildlife Refuge occupation .
Friday ’ s deadline came a day after the Washington lawmaker received word that he would be fined $ 4,700 for an olive oil vandalism incident related to the Satanic Temple of Washington .
In March , Shea attended a counter-demonstration as the satanists rallied at the state ’ s capitol building .
“ We prayed , claimed , and cleaned @ @ @ @ @ @ @ radical love of God , ” Shea wrote on Facebook .
The state office that oversees the building released footage last week showing Shea holding a bottle of olive oil and walking around the capitol grounds .
The oil Shea allegedly dumped on the porous marble steps , according to the state , cost thousands of dollars to clean up .
Shea on Friday addressed a protest against Washington Gov .
Jay Inslee ’ s ( D ) COVID-19 public health orders at the Spokane city hall , saying that “ tyranny is @ @ @ @ @ @ @ you will.
” “ I submit to you that we should tell Gov .
Inslee today that it is our aim to quarantine tyrants , ” he said , according to video of the event .
Shea ’ s apparent retirement from the state legislature marks the end of an era ; for years , he was perhaps the most prominent elected figure in America directly aligned with the far-right militia movement .
Shea is also a leading figure in the “ Liberty ” movement , which as Rolling Stone reported in 2018 @ @ @ @ @ @ @ eastern regions from its liberal west , creating a 51st state .
Shea made global headlines in 2018 when a document he ’ d written on the “ Biblical Basis For War ” was reported by the Spokesman-Review .
The document included instructions for how a “ holy army ” would institute biblical law , including the instruction , “ If they do not yield — kill all males.
” In 2019 , The Guardian published a leaked exchange in a private chat from 2017 , in which Shea discussed spying on local @ @ @ @ @ @ @ need to be done , ” Shea wrote in one message , referring to background checks .
“ Give me the list.
” Another participant in the chat floated physical violence : “ Fist full of hair , and face slam , to a Jersey barrier , ” the far-right broadcaster Jack Robertson wrote .
“ Of course I have done background checks to protect my family and my community , but that was only in response to threats already coming from the left , ” Shea subsequently said in his own defense @ @ @ @ @ @ @ and Guardian published reports on Shea ’ s ties to a “ Christian warfare ” group called “ Team Rugged.
” The development that effectively doomed Shea ’ s legislative career , however , came in a December 2019 report commissioned by the state legislature into whether Shea had promoted or engaged in political violence .
Independent investigators hired by the legislature determined that Shea had engaged in domestic terrorism through his intimate involvement in the 41-day armed occupation of the Malheur National Wildlife Refuge .
“ Representative Shea developed and circulated military-style @ @ @ @ @ @ @ to supply and support the armed siege , ” the report found .
Shea said he was the victim of a “ sham investigation ” when the report was published in December , comparing himself to President Donald Trump .
But as a result of the report ’ s findings , Shea was booted from the legislature ’ s House Republican caucus and stripped of his committee assignments .
Though Republican House leaders called for Shea to resign , no Republicans signed onto a Democratic letter calling for Shea ’ s expulsion from @ @ @

Months after being shunned by his colleagues over a damaging report on his involvement with the far-right militia movement, Washington state representative Matt Shea will not appear on the ballot for re-election in 2020 after 11 years as a legislator.
Friday’s filing deadline to appear on November’s ballot came and went without any word from Shea on his House seat, local Washington outlets reported. Shea did file, however, to run for the neighborhood-level role of Republican precinct captain.
Shea has been marginalized as a political force for months. He was stripped of his committee assignments and kicked out of the House Republican caucus last year after an independent investigation alleged that he had engaged in “domestic terrorism” during the Malheur National Wildlife Refuge occupation.
Friday’s deadline came a day after the Washington lawmaker received word that he would be fined $4,700 for an olive oil vandalism incident related to the Satanic Temple of Washington.
In March, Shea attended a counter-demonstration as the satanists rallied at the state’s capitol building. “We prayed, claimed, and cleaned the ground, and evangelized showing the radical love of God,” Shea wrote on Facebook.
The state office that oversees the building released footage last week showing Shea holding a bottle of olive oil and walking around the capitol grounds. The oil Shea allegedly dumped on the porous marble steps, according to the state, cost thousands of dollars to clean up.
Shea on Friday addressed a protest against Washington Gov. Jay Inslee’s (D) COVID-19 public health orders at the Spokane city hall, saying that “tyranny is a disease — a virus, if you will.”
“I submit to you that we should tell Gov. Inslee today that it is our aim to quarantine tyrants,” he said, according to video of the event.
Shea’s apparent retirement from the state legislature marks the end of an era; for years, he was perhaps the most prominent elected figure in America directly aligned with the far-right militia movement. Shea is also a leading figure in the “Liberty” movement, which as Rolling Stone reported in 2018 aims to sever Washington’s conservative eastern regions from its liberal west, creating a 51st state.
Shea made global headlines in 2018 when a document he’d written on the “Biblical Basis For War” was reported by the Spokesman-Review. The document included instructions for how a “holy army” would institute biblical law, including the instruction, “If they do not yield — kill all males.”
In 2019, The Guardian published a leaked exchange in a private chat from 2017, in which Shea discussed spying on local left-wing activists. “What BG checks need to be done,” Shea wrote in one message, referring to background checks. “Give me the list.” Another participant in the chat floated physical violence: “Fist full of hair, and face slam, to a Jersey barrier,” the far-right broadcaster Jack Robertson wrote.
“Of course I have done background checks to protect my family and my community, but that was only in response to threats already coming from the left,” Shea subsequently said in his own defense.
Later last year, The Spokesman-Review and Guardian published reports on Shea’s ties to a “Christian warfare” group called “Team Rugged.”
The development that effectively doomed Shea’s legislative career, however, came in a December 2019 report commissioned by the state legislature into whether Shea had promoted or engaged in political violence.
Independent investigators hired by the legislature determined that Shea had engaged in domestic terrorism through his intimate involvement in the 41-day armed occupation of the Malheur National Wildlife Refuge.
“Representative Shea developed and circulated military-style Operations Orders that laid out detailed plans to supply and support the armed siege,” the report found.
Shea said he was the victim of a “sham investigation” when the report was published in December, comparing himself to President Donald Trump. But as a result of the report’s findings, Shea was booted from the legislature’s House Republican caucus and stripped of his committee assignments. Though Republican House leaders called for Shea to resign, no Republicans signed onto a Democratic letter calling for Shea’s expulsion from the legislature.


talkingpointsmemo--2020-05-19--A New Round Of Biden Smears Launched From The Ukraine Fever Swamps

The 2020 election is six months away , and foreign interference in it has begun .
The same people who brought you the conspiracy theories for which President Trump sought to extort Ukraine last year — leading to his impeachment — are now peddling something new .
It ’ s audio clips of Vice President Joe Biden and Secretary of State John Kerry speaking to Ukraine ’ s then-President Petro Poroshenko throughout 2016 .
The tapes — some of which come with bizarre gaps , suggesting that they ’ ve been edited — appear to be aimed at denizens of @ @ @ @ @ @ @ intention of manufacturing false narratives about Biden .
The release comes after President Trump was impeached last year for pressuring Ukraine into inventing dirt about Biden .
Trump dispatched his personal attorney Rudy Giuliani to try to gin up negative information about Biden while withholding military aid from the former Soviet Republic , sparking the third impeachment trial in U.S. history .
As if on cue , the tapes have already begun to seep into the right-wing ether .
Gateway Pundit ’ s Jim Hoft issued a breathless tweet about the release , @ @ @ @ @ @ @ understood to be U.S. policy at the time .
RT and Sputnik — two outlets funded by the Russian government — have also picked up the recordings .
Posted on YouTube on Tuesday , the tapes themselves are of dubious provenance .
Andrii Derkach , a member of Ukrainian parliament who met with Giuliani in Kyiv in December 2019 , announced the tapes ’ release in a press conference in Kyiv on Tuesday , all but broadcasting his intention to take down Biden .
“ We are publishing recordings of telephone calls with @ @ @ @ @ @ @ and Joseph Biden , which bear witness to facts of international corruption and treason at the highest levels of government , ” Derkach said .
“ These conversations clearly show that Biden was governing Ukraine , ” Derkach said , adding that he had given them to Ukrainian law enforcement .
A graduate of the KGB-operated Felix Dzerzhinsky Higher School of the Ministry of Security , Derkach wrote his PhD dissertation on “ organizing and conducting meetings with secret agents.
” After his December 2019 meeting , Derkach said he hoped that Giuliani @ @ @ @ @ @ @ ineffective use of U.S. taxpayer dollars by representatives of Ukraine government agencies.
” The release of the tapes appears to be in the interest of multiple players .
Trump and Giuliani sought throughout much of 2019 to manufacture a scandal over Biden ’ s implementation of U.S. foreign policy towards Ukraine .
Giuliani has persevered in the task of smearing Biden despite overwhelming resistance from reality , seeking to fabricate a scandal while relying on a bizarre cast of Ukrainian opportunists to do so .
Trump and Giuliani have yet to find a @ @ @ @ @ @ @ spite of the President ’ s decision last year to withhold military aid until Ukraine announced investigations into Biden .
In the Ukrainian context , the recordings are also positioned as an attack against the country ’ s National Anti-Corruption Bureau , a dedicated prosecutorial body set up with help from the Obama administration after the country ’ s 2014 revolution .
The agency was intended to be an independent governmental entity that could purge the country of endemic graft .
Derkach has argued that the anti-corruption body was a tool of the @ @ @ @ @ @ @ Graham ( R-SC ) , OMB director Mick Mulvaney , and Rep. Devin Nunes ( R-CA ) to investigate it last year .
The leaks could also be beneficial to a Ukrainian oligarch named Ihor Kolomoisky , who reportedly faces a grand jury investigation in the Northern District of Ohio into allegations that he laundered millions of dollars through U.S. real estate .
During the impeachment saga , associates of Kolomoisky ’ s — including Derkach — helped provide Giuliani with negative information about the Bidens — none of which corresponds to reality @

The 2020 election is six months away, and foreign interference in it has begun.
The same people who brought you the conspiracy theories for which President Trump sought to extort Ukraine last year — leading to his impeachment — are now peddling something new.
It’s audio clips of Vice President Joe Biden and Secretary of State John Kerry speaking to Ukraine’s then-President Petro Poroshenko throughout 2016.
The tapes — some of which come with bizarre gaps, suggesting that they’ve been edited — appear to be aimed at denizens of right-wing fever swamps, launched with the intention of manufacturing false narratives about Biden.
The release comes after President Trump was impeached last year for pressuring Ukraine into inventing dirt about Biden. Trump dispatched his personal attorney Rudy Giuliani to try to gin up negative information about Biden while withholding military aid from the former Soviet Republic, sparking the third impeachment trial in U.S. history.
As if on cue, the tapes have already begun to seep into the right-wing ether. Gateway Pundit’s Jim Hoft issued a breathless tweet about the release, describing in large caps what was widely understood to be U.S. policy at the time.
BREAKING UPDATE–> "QUID PRO JOE' — AUDIO Released of JOE BIDEN and Ukrainian President Poroshenko Discussing FIRING VIKTOR SHOKIN Who Was Investigating His Son — FOR IMF LOAN!! https://t.co/tDMpmBwj1W via @gatewaypundit @RealDonaldTrump @Parscale — Jim Hoft (@gatewaypundit) May 19, 2020
RT and Sputnik — two outlets funded by the Russian government — have also picked up the recordings.
Posted on YouTube on Tuesday, the tapes themselves are of dubious provenance.
Andrii Derkach, a member of Ukrainian parliament who met with Giuliani in Kyiv in December 2019, announced the tapes’ release in a press conference in Kyiv on Tuesday, all but broadcasting his intention to take down Biden.
“We are publishing recordings of telephone calls with voices similar to those of Petro Poroshenko and Joseph Biden, which bear witness to facts of international corruption and treason at the highest levels of government,” Derkach said.
“These conversations clearly show that Biden was governing Ukraine,” Derkach said, adding that he had given them to Ukrainian law enforcement.
A graduate of the KGB-operated Felix Dzerzhinsky Higher School of the Ministry of Security, Derkach wrote his PhD dissertation on “organizing and conducting meetings with secret agents.” After his December 2019 meeting, Derkach said he hoped that Giuliani could help expose “facts of the ineffective use of U.S. taxpayer dollars by representatives of Ukraine government agencies.”
The release of the tapes appears to be in the interest of multiple players.
Trump and Giuliani sought throughout much of 2019 to manufacture a scandal over Biden’s implementation of U.S. foreign policy towards Ukraine. Giuliani has persevered in the task of smearing Biden despite overwhelming resistance from reality, seeking to fabricate a scandal while relying on a bizarre cast of Ukrainian opportunists to do so.
Trump and Giuliani have yet to find a way to make that link, in spite of the President’s decision last year to withhold military aid until Ukraine announced investigations into Biden.
In the Ukrainian context, the recordings are also positioned as an attack against the country’s National Anti-Corruption Bureau, a dedicated prosecutorial body set up with help from the Obama administration after the country’s 2014 revolution. The agency was intended to be an independent governmental entity that could purge the country of endemic graft.
Derkach has argued that the anti-corruption body was a tool of the Obama administration, and asked Sen. Lindsey Graham (R-SC), OMB director Mick Mulvaney, and Rep. Devin Nunes (R-CA) to investigate it last year.
The leaks could also be beneficial to a Ukrainian oligarch named Ihor Kolomoisky, who reportedly faces a grand jury investigation in the Northern District of Ohio into allegations that he laundered millions of dollars through U.S. real estate.
During the impeachment saga, associates of Kolomoisky’s — including Derkach — helped provide Giuliani with negative information about the Bidens — none of which corresponds to reality.


talkingpointsmemo--2020-05-19--In Wisconsin, Counties’ Patchwork Of Stopgap Stay-At-Home Orders Is Already Fraying

Stay-at-home measures hastily slapped up by Wisconsin county governments are already falling apart less than a week after the state Supreme Court struck down Gov .
Tony Evers ’ ( D ) order and left the state in sudden free fall .
And since Republicans on both the Court and in the legislature have rendered Evers ’ administration powerless in issuing any new statewide mandate , there is little left to stop the state ’ s inexorable roll towards full and unlimited reopening .
After issuing a slew of frantic orders to try to maintain some degree of shutdown in @ @ @ @ @ @ @ to repeal their mandates due to legal concerns and logistical infeasibility .
Brown County , home to Green Bay and site of the state ’ s largest per-capita COVID-19 outbreak , retracted its stay-at-home order on the advice of legal counsel .
“ Based on research conducted during the last 24 hours , and on consultations with outside legal counsel , Brown County Corporation Counsel is now of the opinion that the legal basis for the order is likely not strong enough to withstand legal challenge , ” wrote public health officer Anna @ @ @ @ @ @ @ .
Brown County isn ’ t alone in its concern about the legality of local stay-at-home orders .
The day the state Supreme Court struck down Evers ’ order , the Wisconsin Counties Association aired its confusion on its website .
Noting that the power to enforce local orders comes from the same statute that the court declared “ problematic ” while nullifying Evers ’ statewide one , the Association wrote that “ it is unclear whether a local health order would , in the Court ’ s view , suffer from the @ @ @ @ @ @ @ invalidate the Safer at Home Order.
” State Attorney General Josh Kaul issued an interim opinion last week asserting that local mandates remain untouched by the Court ’ s ruling .
“ Because the court decision addressed a different statute applicable to a state agency , and not the statute applicable to local authorities , the Palm decision is not directly controlling on powers under the latter statute , ” he said .
But many counties are unwilling to take the chance .
Like Brown , Kenosha County , another of the most @ @ @ @ @ @ @ its stay-at-home order .
“ With varying guidance from the Wisconsin Counties Association and more time to review best practices moving forward , together we ’ ve determined that we will withdraw our order and instead view Safer-at-Home as a series of best practices , rather than requirements , ” Kenosha County corporation counsel Joseph Cardamone said in a statement .
Apart from the legal gray area , some counties threw in the towel after their neighboring counties did , realizing the logistical impossibility of maintaining different degrees of shutdown across such close @ @ @ @ @ @ @ rationale for imposing a similar order in Manitowoc County was due to the potential of transmission of COVID-19 to County residents from the bordering Brown County , which has the highest incidence rate in the state , ” wrote Manitowoc County Health Officer Mary Halada while reversing the county ’ s shutdown .
But after Brown repealed its shutdown order , she continued , “ that rationale no longer applies.
” And some , who hoped a temporary order could have bridged the gap until Evers and the Republican-majority legislature worked out an @ @ @ @ @ @ @ was baseless .
“ After conferring with the governor , it became clear that the legislature has no plans for a staged and sensible reopening of our public spaces , ” said Outagamie County Executive Tom Nelson as he abandoned the county ’ s stay-at-home efforts .
On Monday , Evers told reporters on a conference call that he was withdrawing his outline for a statewide emergency rule when it became clear that Republicans wouldn ’ t play ball .
“ I ’ m not saying this is an end of conversations , @ @ @ @ @ @ @ it relates to the rule-making process , it ’ s not worth our time .
We already know where they stand , and they control that process.
” State Sen. Steve Nass ( R ) , co-chair of the Joint Committee on Review of Administrative Rules , had issued a blistering statement rejecting Evers ’ plan out of hand .
Saying that while “ most rational public servants ” would have gotten the message from the Supreme Court ’ s ruling , Nass claimed that Evers ’ administration was just attempting to take @ @ @ @ @ @ @ stay-at-home order .
Still , despite the many and growing forces against them , a few spots in Wisconsin are fighting to keep their communities shut down .
Dane County , home to Madison , issued a gradual reopening plan on Monday .
Sarah Mattes , spokeswoman for the public health department , told TPM that “ given our local data , we do not feel comfortable moving forward without a local order in place to prevent the spread of illness.
” Tom Barrett , mayor of Milwaukee , maintained the city ’ @ @ @ @ @ @ @ the county opted to reopen .
“ We still have hundreds of people that are dying , thousands of people who are sick , and the fact that there was a 4-3 decision by the state Supreme Court does not change , did not end the pandemic , ” Barrett told local ABC affiliate WISN .
“ I ’ m not naive enough to think that there are no politics here , but I ’ m still very concerned about the spikes that could occur .
”

Stay-at-home measures hastily slapped up by Wisconsin county governments are already falling apart less than a week after the state Supreme Court struck down Gov. Tony Evers’ (D) order and left the state in sudden free fall.
And since Republicans on both the Court and in the legislature have rendered Evers’ administration powerless in issuing any new statewide mandate, there is little left to stop the state’s inexorable roll towards full and unlimited reopening.
After issuing a slew of frantic orders to try to maintain some degree of shutdown in their counties, officials have been forced to repeal their mandates due to legal concerns and logistical infeasibility.
Brown County, home to Green Bay and site of the state’s largest per-capita COVID-19 outbreak, retracted its stay-at-home order on the advice of legal counsel.
“Based on research conducted during the last 24 hours, and on consultations with outside legal counsel, Brown County Corporation Counsel is now of the opinion that the legal basis for the order is likely not strong enough to withstand legal challenge,” wrote public health officer Anna Destree as she rescinded her stay-at-home order.
Brown County isn’t alone in its concern about the legality of local stay-at-home orders. The day the state Supreme Court struck down Evers’ order, the Wisconsin Counties Association aired its confusion on its website.
Noting that the power to enforce local orders comes from the same statute that the court declared “problematic” while nullifying Evers’ statewide one, the Association wrote that “it is unclear whether a local health order would, in the Court’s view, suffer from the same deficiencies that caused the Court to invalidate the Safer at Home Order.”
State Attorney General Josh Kaul issued an interim opinion last week asserting that local mandates remain untouched by the Court’s ruling.
“Because the court decision addressed a different statute applicable to a state agency, and not the statute applicable to local authorities, the Palm decision is not directly controlling on powers under the latter statute,” he said.
But many counties are unwilling to take the chance. Like Brown, Kenosha County, another of the most hard-hit areas of Wisconsin, also rescinded its stay-at-home order.
“With varying guidance from the Wisconsin Counties Association and more time to review best practices moving forward, together we’ve determined that we will withdraw our order and instead view Safer-at-Home as a series of best practices, rather than requirements,” Kenosha County corporation counsel Joseph Cardamone said in a statement.
Apart from the legal gray area, some counties threw in the towel after their neighboring counties did, realizing the logistical impossibility of maintaining different degrees of shutdown across such close geographic proximity.
“Part of the rationale for imposing a similar order in Manitowoc County was due to the potential of transmission of COVID-19 to County residents from the bordering Brown County, which has the highest incidence rate in the state,” wrote Manitowoc County Health Officer Mary Halada while reversing the county’s shutdown. But after Brown repealed its shutdown order, she continued, “that rationale no longer applies.”
And some, who hoped a temporary order could have bridged the gap until Evers and the Republican-majority legislature worked out an emergency rule, realized that their optimism was baseless.
“After conferring with the governor, it became clear that the legislature has no plans for a staged and sensible reopening of our public spaces,” said Outagamie County Executive Tom Nelson as he abandoned the county’s stay-at-home efforts.
On Monday, Evers told reporters on a conference call that he was withdrawing his outline for a statewide emergency rule when it became clear that Republicans wouldn’t play ball.
“I’m not saying this is an end of conversations,” he said. “But as it relates to the rule-making process, it’s not worth our time. We already know where they stand, and they control that process.”
State Sen. Steve Nass (R), co-chair of the Joint Committee on Review of Administrative Rules, had issued a blistering statement rejecting Evers’ plan out of hand.
Saying that while “most rational public servants” would have gotten the message from the Supreme Court’s ruling, Nass claimed that Evers’ administration was just attempting to take a new route to issue a statewide stay-at-home order.
Still, despite the many and growing forces against them, a few spots in Wisconsin are fighting to keep their communities shut down.
Dane County, home to Madison, issued a gradual reopening plan on Monday. Sarah Mattes, spokeswoman for the public health department, told TPM that “given our local data, we do not feel comfortable moving forward without a local order in place to prevent the spread of illness.”
Tom Barrett, mayor of Milwaukee, maintained the city’s lockdown even as nearby communities in the county opted to reopen.
“We still have hundreds of people that are dying, thousands of people who are sick, and the fact that there was a 4-3 decision by the state Supreme Court does not change, did not end the pandemic,” Barrett told local ABC affiliate WISN. “I’m not naive enough to think that there are no politics here, but I’m still very concerned about the spikes that could occur.”


talkingpointsmemo--2020-05-19--Flynn Asks Appeals Court To Intervene As Judge Delays Dismissing Case

Michael Flynn asked an appeals court on Tuesday to intervene in his case , and to take the case away from the district court judge who has so far resisted the Justice Department ’ s request that its prosecution of Flynn be dismissed .
Flynn is asking the U.S. Court of Appeals for the D.C .
Circuit to order the dismissal of the case , and to reverse an order by U.S. District Court Judge Emmet Sullivan appointing a so-called “ friend of the court ” to argue against the Justice Department ’ s request to drop the case .
@ @ @ @ @ @ @ case to be reassigned to another judge for any further district court proceedings .
“ The district court has no authority to adopt the role of prosecutor or change the issues in the case by inviting or appointing amici to perform the investigation or prosecution that the court deems appropriate , ” the filing said .
Flynn ’ s filing is the latest twist in what has been an unprecedented set of developments in his case , which started out as a December 2017 plea deal with special counsel Robert Mueller ’ s @ @ @ @ @ @ @ has tried to back out from the plea — where he admitted to lying to the FBI about Russian contacts — and sought for the case to be dismissed amid sensational claims of prosecutorial misconduct .
The Justice Department last month made the explosive decision to ask for the case be dropped , claiming it had found new evidence suggesting Flynn should have never been interviewed by the FBI in the first place .
The DOJ ’ s remarkable reversal prompted Sullivan to appoint a retired judge to offer a “ friend-of-the-court ” @ @ @ @ @ @ @ ) briefing on whether the case should be dropped and on whether Flynn committed perjury in his previous statements to the court affirming his guilty plea .
Flynn is now turning to the appeals court to decide whether the “ district court exceeded its authority and egregiously abused its discretion by failing to grant the Government ’ s Motion to Dismiss the Criminal Information and , instead , appointing an amicus to oppose the motion and to propose contempt and perjury charges against General Flynn , while inviting additional amici.
” His lawyers @ @ @ @ @ @ @ the DOJ officials who prosecuted Flynn withheld information about the January 2017 FBI interview that they were obligated to turn over before his plea .
“ General Flynn could swear truthfully that he committed the acts constituting the crime with which he was charged—after all he had no duty to tell FBI line agents about missions he undertook in his capacity as Security Advisor to the President Elect—but he had to accept on faith that the questions were ‘ material ’ to a legitimate criminal investigation , even though that was not made @ @ @ @ @ @ @ In truth , they were not , ” the filing said .
In previous phases of the proceedings , Judge Sullivan has rejected Flynn ’ s arguments that prosecutors violated their discovery obligations , and the judge has affirmed that the false statements Flynn told the FBI were material to the Russia probe .
The Justice Department only changed its tune on whether the interview was material when it requested the case be dropped last month .
The request was filed after months of President Trump and his allies cheering Flynn on in @ @ @ @ @ @ @ Monday ’ s filing , Flynn pointed to an op-ed that John Gleeson — the retired judge Sullivan selected to serve as an amicus — wrote just days before the appointment .
“ Nothing in the record casts doubt on the Government ’ s reasons for moving to dismiss .
Nor is there anything outside the record—and certainly nothing cited by the district court—that justifies the outrageous suggestions of ‘ impropriety , ’ ‘ corruption , ’ or ‘ improper political influence ’ flung by the district court ’ s chosen amicus in @ @ @ @ @ @ @ said .
In seeking the appeal court ’ s intervention , Flynn is asking for it to issue a writ of mandamus , which has the effect of allowing him to leapfrog the normal appeals court process .
Flynn said he was filing it because he had “ no alternative avenue of relief , ” while claiming he “ already suffered an unimaginable ordeal at the hands of unscrupulous high-ranking Government officials and a three-year prosecution.
” Flynn said the case should be taken away from Sullivan because of the judge ’ s @ @ @ @ @ @ @ this case.
” Flynn pointed to comments the judge made when Flynn was supposed to be sentenced in 2018 , and specifically the judge ’ s accusations of treason that he later walked back .
Sullivan ’ s most recent actions , Flynn wrote , “ bespeaks a judge who is not only biased against Petitioner , but also revels in the notoriety he has created by failing to take the simple step of granting a motion he has no authority to deny.
” Less than an hour after Flynn filed his petition @ @ @ @ @ @ @ a scheduling order that said there would be oral arguments in the friend-of-the-court briefing July 16 .

Michael Flynn asked an appeals court on Tuesday to intervene in his case, and to take the case away from the district court judge who has so far resisted the Justice Department’s request that its prosecution of Flynn be dismissed.
Flynn is asking the U.S. Court of Appeals for the D.C. Circuit to order the dismissal of the case, and to reverse an order by U.S. District Court Judge Emmet Sullivan appointing a so-called “friend of the court” to argue against the Justice Department’s request to drop the case. Additionally, Flynn is asking for the case to be reassigned to another judge for any further district court proceedings.
“The district court has no authority to adopt the role of prosecutor or change the issues in the case by inviting or appointing amici to perform the investigation or prosecution that the court deems appropriate,” the filing said.
Flynn’s filing is the latest twist in what has been an unprecedented set of developments in his case, which started out as a December 2017 plea deal with special counsel Robert Mueller’s investigation.
In recent months, Flynn has tried to back out from the plea — where he admitted to lying to the FBI about Russian contacts — and sought for the case to be dismissed amid sensational claims of prosecutorial misconduct.
The Justice Department last month made the explosive decision to ask for the case be dropped, claiming it had found new evidence suggesting Flynn should have never been interviewed by the FBI in the first place. The DOJ’s remarkable reversal prompted Sullivan to appoint a retired judge to offer a “friend-of-the-court” (also known as “amicus”) briefing on whether the case should be dropped and on whether Flynn committed perjury in his previous statements to the court affirming his guilty plea.
Flynn is now turning to the appeals court to decide whether the “district court exceeded its authority and egregiously abused its discretion by failing to grant the Government’s Motion to Dismiss the Criminal Information and, instead, appointing an amicus to oppose the motion and to propose contempt and perjury charges against General Flynn, while inviting additional amici.”
His lawyers reiterated claims they previously made alleging that the DOJ officials who prosecuted Flynn withheld information about the January 2017 FBI interview that they were obligated to turn over before his plea.
“General Flynn could swear truthfully that he committed the acts constituting the crime with which he was charged—after all he had no duty to tell FBI line agents about missions he undertook in his capacity as Security Advisor to the President Elect—but he had to accept on faith that the questions were ‘material’ to a legitimate criminal
investigation, even though that was not made clear to him at the time. In truth, they were not,” the filing said.
In previous phases of the proceedings, Judge Sullivan has rejected Flynn’s arguments that prosecutors violated their discovery obligations, and the judge has affirmed that the false statements Flynn told the FBI were material to the Russia probe. The Justice Department only changed its tune on whether the interview was material when it requested the case be dropped last month. The request was filed after months of President Trump and his allies cheering Flynn on in his fight against the prosecutors.
In Monday’s filing, Flynn pointed to an op-ed that John Gleeson — the retired judge Sullivan selected to serve as an amicus — wrote just days before the appointment.
“Nothing in the record casts doubt on the Government’s reasons for moving to dismiss. Nor is there anything outside the record—and certainly nothing cited by the district court—that justifies the outrageous suggestions of ‘impropriety,’ ‘corruption,’ or ‘improper political influence’ flung by the district court’s chosen amicus in the
Washington Post,” the filing said.
In seeking the appeal court’s intervention, Flynn is asking for it to issue a writ of mandamus, which has the effect of allowing him to leapfrog the normal appeals court process.
Flynn said he was filing it because he had “no alternative avenue of relief,” while claiming he “already suffered an unimaginable ordeal at the hands of unscrupulous high-ranking Government officials and a three-year prosecution.”
Flynn said the case should be taken away from Sullivan because of the judge’s “manifest confusion about the facts of this case.” Flynn pointed to comments the judge made when Flynn was supposed to be sentenced in 2018, and specifically the judge’s accusations of treason that he later walked back.
Sullivan’s most recent actions, Flynn wrote, “bespeaks a judge who is not only biased against Petitioner, but also revels in the notoriety he has created by failing to take the simple step of granting a motion he has no authority to deny.”
Less than an hour after Flynn filed his petition with the appeals court, Sullivan issued a scheduling order that said there would be oral arguments in the friend-of-the-court briefing July 16.
Read the filing below: