courthousenews--2020-11-21--Europe Struggles to Find Its Footing in US-China Clash

( CN ) — Europe finds itself at a highly disorienting historical moment : No longer the center of world geopolitics and adrift in a world increasingly defined by a conflict between the United States and China .
In this clash , the central stage is far from Europe ’ s borders on the other side of the planet but its progress carries serious consequences for Europe , a major political and economic power in world affairs in its own right but reluctant to simply follow American adventurism in distant lands against China .
“ The central front of geopolitics @ @ @ @ @ @ @ ’ s now in the Pacific , ” said Mark Leonard , the director of the European Council on Foreign Relations , during a recent discussion .
“ That is a profound shock to the way Europeans think about themselves.
” This novel paradigm has left European elites utterly divided and confused about what they should do and it ’ s given rise to an explosion in sinology studies on a continent largely untouched by Chinese history and political forces until recently .
In just a few years , a library-sized amount of @ @ @ @ @ @ @ Europe in the form of conferences , books , talks , discussion groups , documentaries , quarterlies and scholarly papers .
Think tanks focus increasingly on China and disagreements over China policy are regular features inside European political circles .
At its most basic , Europeans are wrestling with a basic question : Should they consider China and its ruling Communist Party a mostly benevolent rising superpower or does it pose an existential threat to world peace and to Europe ?
If the first , how can Europe work with it and not @ @ @ @ @ @ @ ?
If the latter , how can it constrain China but also not turn it into an enemy ?
In this new global Sino-American conflict , Europe is caught in the middle of a fight between its two biggest trading partners and it can seem to flounder in a world now described as dominated by the law of the jungle rather than common rules .
With Washington increasingly consumed with its strategy to counter China , American diplomacy is turning its back on Europeans and not consulting its leaders even on matters of @ @ @ @ @ @ @ its policies in Iraq and Ukraine .
“ They are basically seen as chips which can be traded off against other things , ” Leonard said about how U.S. diplomats view European interests .
The relationship between Europe and President-elect Joe Biden will be a big improvement from the toxic one that evolved with President Donald Trump .
Biden will be more open to discussion with the European Union on issues such as climate change and countering Russia and China .
But his administration will likely carry on focusing on China and seeing @ @ @ @ @ @ @ .
Unlike the U.S. , a big difference for Europe is there isn ’ t an ocean between it and China and in recent years China has rapidly begun to build rail-lines , sea links and commercial ties to Europe through its massive infrastructure project known as the Belt and Road Initiative .
It ’ s envisioned as one of the world ’ s biggest engineering projects ever undertaken and aims to link China to Europe and Africa through a series of ports , railroads , pipelines , airports , transnational electrical grids @ @ @ @ @ @ @ .
China has built a military base in Djibouti , a small nation on the Horn of Africa , along with this scheme .
The project , announced in 2013 by Chinese President Xi Jinping , also had other motives .
After the 2008 global financial collapse , the Chinese state went on a building spree to make sure its economy didn ’ t collapse .
After that , this new global project was viewed as the next step in China ’ s development with the government saying it planned to spend $ @ @ @ @ @ @ @ .
That kind of spending was meant to keep its state-owned enterprises busy for years to come .
But there were other objectives too .
China wanted to tap into Central Asia ’ s raw resources in places like Turkmenistan and Kazakhstan , rich in natural gas and oil , and thereby lessen the threat of being cut off from oil coming from the Middle East in the event of a U.S.-engineered blockade of the Strait of Malacca , a key shipping lane between the Indian and Pacific oceans .
Initially , China @ @ @ @ @ @ @ project , though it was commonly dubbed the New Silk Road , a 21st-century version of the Silk Road of Marco Polo .
Later , China renamed it the Belt and Road Initiative .
It ’ s been called China ’ s Marshall Plan , a reference to the U.S.-funded European rebuilding plan after World War II .
Chinese propaganda calls its massive program , largely funded through Chinese bank loans , a great leap forward for humanity .
Bit by bit , European nations , eager to boost their stagnant economies , @ @ @ @ @ @ @ Road .
For several years , China has been working on investment projects with 16 Eastern and Central European nations .
In a major coup for China , Greece , desperate for investment , joined those discussions and by 2018 a Chinese-owned company , COSCO Shipping , had a majority stake in the Piraeus Port outside Athens , one of Europe ’ s largest harbors .
China called the port its “ gateway into Europe.
” Its detractors called it China ’ s “ dragon head ” in Europe .
Under Chinese ownership @ @ @ @ @ @ @ swelled .
In 2019 , Italy joined the Belt and Road project too , angering northern European leaders .
Italy ’ s addition signaled a major shift as one of Europe ’ s biggest economies and the first G7 nation bought into China ’ s scheme .
China is working to turn the port of Trieste into a bustling entry point for its goods and in doing so largely fulfill the romantic idea it ’ s building a new Silk Road to the land of Marco Polo .
China ’ s influence is @ @ @ @ @ @ @ Budapest , the capital of Hungary , it ’ s building a high-speed railway line that also connects China to Central Europe .
Serbia ’ s government is on friendly terms with China in no small part because of China ’ s support for Serbia when it tried to stop the Kosovo province from breaking away and gaining independence in a 1998-99 conflict .
Their friendship was sealed for good after NATO bombed the Chinese embassy in Belgrade during the conflict .
The U.S. said the bombing was an accident , something China @ @ @ @ @ @ @ bought up Chinese surveillance technology , entered into agricultural deals , welcomed Chinese doctors to help with the coronavirus pandemic and rolled out the red carpet to Chinese diplomats .
In 2009 , China built its first major public works project in Europe with the construction of a bridge in Belgrade .
After that , Serbia asked China to build a power plant , wind turbines and a ring road around Belgrade .
Serbia is not an EU member but it is in talks to become one .
China ’ s global ambitions @ @ @ @ @ @ @ and Road undertaking .
Scholars and political experts in the West are deeply divided over what the ultimate aims and consequences of it will be .
In the U.S. , a school of thinking has arisen that sees the project as fulfilling the prophecy of Halford Mackinder , a British geographer and the director of the London School of Economics , who presented a foundational paper on geopolitics in 1904 called “ The Geographical Pivot of History.
” In the paper , he told his audience at the Royal Geographical Society to consider @ @ @ @ @ @ @ by dominating Eurasia , what he called “ the pivot area , ” and by doing so defeat maritime imperial powers .
He called the early 20th century the beginning of a new era with the Eurasian landmass at the center .
It was , he said , an era particularly challenging for the global sea power of Great Britain .
Mackinder , who is considered one of the founders of geopolitics , continued to develop his so-called “ heartland theory ” and posited that Asia , Europe and Africa should be viewed @ @ @ @ @ @ @ called “ the world island.
” Eventually , in 1919 , he developed a pithy dictum that some historians and political scientists argue continues to define geopolitics today : “ Who rules East Europe commands the Heartland ; who rules the Heartland commands the World-Island ; who rules the World-Island commands the world.
” Some historians see Nazi Germany ’ s invasion of Russia as a catastrophic attempt to conquer this heartland and the American empire ’ s ring of military bases in Europe and Asia as a circle of steel to control @ @ @ @ @ @ @ today and many experts , particularly those in Anglo-Saxon political science circles , see China as carefully and strategically putting into practice Mackinder ’ s famous dictum as it invests in the Belt and Road Initiative while also building up its maritime and military strengths and its technological capabilities in space and in the cyberworld .
For Americans , the fear is that China ’ s meteoric economic rise – based around a state-directed model many call “ authoritarian capitalism ” and often seen as unfairly outcompeting the West ’ s neoliberal free-market @ @ @ @ @ @ @ China ’ s low-wage workforce and undervalued currency – will lead China to dominate world affairs and eclipse the U.S. Those fears have been heightened by an assertive change in China ’ s approach to foreign affairs under President Xi Jinping and his so-called “ wolf warrior ” diplomats who ’ ve discarded the country ’ s former non-confrontational approach to foreign policy of “ hiding its ability and biding its time , ” as Deng Xiaoping , China ’ s former supreme leader , put it .
In Europe there has been @ @ @ @ @ @ @ , but that is now changing .
In 2019 , the European Commission labelled China a “ systemic rival.
” Alexander Dukalskis , an Asia scholar at University College Dublin , called the EU ’ s shift in tone a jarring turn in rhetoric because Europe had been very eager to deepen trade with China , a huge market for European goods .
“ Europeans are having similar debates as in the United States about the influence of China , except the difference of course is that most European states are a lot @ @ @ @ @ @ @ some sense they are more vulnerable , ” Dukalskis said in a telephone interview .
He said many European experts are concerned China is weakening EU unity by entering into friendly bilateral deals with the bloc ’ s members and tying them economically to China .
“ That becomes relevant when the EU has to make a decision that requires unanimity , ” he said .
“ If it only takes one state to object on a motion on human rights , for example , then having one state speak up and defend @ @ @ @ @ @ @ becoming more critical of China .
For example , several European nations , including France and Germany , are pushing to restrict the use of Huawei 5G technology , which is considered the next generation in digital connectivity .
Major Chinese companies like Huawei , China ’ s technology giant , are required to have ties to the central Communist Party , raising questions about whether they act as tools for the Chinese state .
Sweden and the Czech Republic have entered into diplomatic spats with China over human rights issues .
Sweden @ @ @ @ @ @ @ imprisoned in China for printing books critical of Chinese leaders .
Prague stoked China ’ s wrath by signing a sister-city agreement with Taipei , the capital of Taiwan , a breakaway island republic China claims as its own .
A recent public opinion survey by the Pew Research Center found attitudes toward China in Europe worsening sharply since the coronavirus pandemic .
In Germany , 71 % of respondents had an unfavorable view of China and similar findings came from the Netherlands , France and the United Kingdom .
Attitudes were even @ @ @ @ @ @ @ and Spain where just over 60 % of respondents said they didn ’ t like China .
“ It ’ s very much turned much more sour , much more realistic from the EU side , ” said Richard Ghiasy , an Asia specialist at The Hague Centre for Strategic Studies , a think tank , in a telephone interview .
Dukalskis said Europe is realizing there are serious risks in allowing China to have too much sway .
“ China uses market access to enforce political speech abroad , ” he said @ @ @ @ @ @ @ Daryl Morey , the general manager of the Houston Rockets NBA basketball team , was forced to issue an apology after writing a tweet in support of pro-democracy protesters in Hong Kong .
“ You see that up and down in all kinds of different industries where there is an effort to use China ’ s economic power to enforce political red lines abroad , ” he said .
“ I see that as a form of extraterritorial censorship.
” China is actively tampering with academic freedom too around the world , he @ @ @ @ @ @ @ more powerful , it tries to extend its policing of academic discourse in a variety of ways .
Again , by controlling or using market access as a leverage to get universities and publishers to censor.
” Many experts warn China ’ s growing clout is reshaping international organizations in a fashion that suits China ’ s anti-democratic worldview .
If left unchecked , critics argue , more of the world may start looking like China and follow its illiberal example of state surveillance , state-dominated capitalism and attacks on human rights .
@ @ @ @ @ @ @ United States at the United Nations , for example , placing its people in high-level positions , ” Dukalskis said .
“ To some extent this is what the great powers do , right .
So it ’ s not particularly surprising in that regard .
But the Chinese government has a very particular view of freedom of speech and how political decisions should be made .
I think there are concerns about those kinds of norms leaking out abroad.
” There are , of course , big problems with the Chinese model @ @ @ @ @ @ @ lifting 850 million people out of poverty and more than doubling the size of its economy since 2000 .
Although that growth has slowed in recent years , it still far outpaces Western economies .
Paradoxically , in the year that the coronavirus pandemic started in the Chinese city of Wuhan , China is expected to be an outlier and show a modest economic gain in 2020 while the U.S. and Europe are in recession .
Behind China ’ s glittering economic statistics – a country that purports to embody “ socialism with @ @ @ @ @ @ @ , foreign investment , billionaires and growing inequality dominate – there ’ s an abysmal human rights record , according to Amnesty International and other human rights groups .
Political dissenters are imprisoned and disappear , and it uses the death penalty as a state secret .
Human rights activists and critics of the regime are harassed , imprisoned and disappear .
Its judicial system is under the control of the Communist Party and the internet is strictly censored .
State surveillance is pervasive and intrusive .
Christians , Buddhists , Muslims and @ @ @ @ @ @ @ places of worship damaged and their religious leaders face imprisonment .
Gays and transgendered individuals suffer widespread harassment and ill-treatment .
Then there is the Chinese state ’ s campaign against Uyghur Muslims in the remote region of Xinjiang where there are reports of the government rounding up people in re-education camps .
Amnesty says an estimated 1 million people have been put in these internment camps .
“ The European Union is a club of – however strained it is at times – democracies that value human rights and that is part @ @ @ @ @ @ @ rationale , ” Dukalskis said .
“ And China is neither of those two things ; so there is a natural kind of conflict there.
” But he said Europe has shown little willingness to press China on its human rights abuses .
He said European and Chinese diplomats formally hold talks on human rights , but these discussions are typically handled in private .
“ Sequestering human rights dialogues off-stage , behind closed doors , suits Beijing just fine , ” he said .
“ They can read each other their prepared @ @ @ @ @ @ @ about human rights and that ’ s it.
” Regardless of China ’ s obvious problems , many scholars see the future as belonging to Asia , and more specifically China , because of its population growth and rapid accumulation of wealth .
“ China now also for the first time in contemporary times has become a tech leader , ” Ghiasy said .
He said China has surpassed Europe in the development of 5G and this year completed its own global navigation and satellite system , called BeiDou .
China now is @ @ @ @ @ @ @ , high-speed trains and artificial intelligence .
“ So China is not the entity anymore that used to just produce posters and plastic buckets but is now a serious tech contender , ” Ghiasy said .
“ So , I think that has woken a few strategists in Europe and that new notion , or awareness of realism , is here to stay.
” He said Europeans are frustrated because they see China as not opening key markets , such as the energy , agriculture , aerospace and financial sectors , to European @ @ @ @ @ @ @ economic model of giving Chinese companies an unfair advantage .
Ghiasy said Europe ’ s tech companies are at risk of losing out on the big profits to be had in the tech field because they are in an unfair match .
“ What ’ s potentially at stake here is the Nokias and the Philipses and the Ericcsons and all the other European tech leaders losing out to China.
” On top of that , if Chinese tech companies become dominant that in turn could leave Europe reliant on Chinese technology and @ @ @ @ @ @ @ Anybody who produces , sells , operates tech is a potential security threat if it ’ s an external actor .
So , in that sense , if servers , or the technology embedded in whatever they use , is foreign , there is always that risk of it being tapped or controlled , ” Ghiasy said .
But still , Ghiasy , like others in Europe , was not ready to declare China ’ s model a risk to world peace .
“ Yes and no , ” he said about that @ @ @ @ @ @ @ canvas is totally different .
They have a very distinct and historically quite isolationist civilization.
” He said China ’ s state model is not one-size-fits-all .
“ It ’ s virtually impossible just to replicate it .
But partially you can , ” he said .
“ Because they have been very effective in the last 40 years , give or take , at alleviating poverty , at creating stability , at becoming an economic and gradually technological powerhouse : So , that is appealing to a number of other governments throughout @ @ @ @ @ @ @ robust democracies would want to follow the Chinese model , but he wondered if future political leaders might be enticed by it .
But is the Belt and Road project China ’ s grand strategy toward world domination ?
The verdict is out on that .
Many experts see the project as an ill-defined and amorphous attempt by China to spread its influence around the world but which has yielded limited success .
Some wonder if the extensive loans Chinese banks are handing out will potentially backfire as economies struggle and can not @ @ @ @ @ @ @ see it as a grand scheme to enrich Chinese companies , bolster China ’ s security and bind much of the world to China ’ s economy .
Ghiasy said the project has aroused a wide range of responses .
Pakistan , for example , has welcomed it but India hasn ’ t .
“ Sheerly in terms of success and failure , I would call it a mixed bag so far.
” As for it fulfilling Mackinder ’ s “ heartland theory , ” he was skeptical because China is building infrastructure @ @ @ @ @ @ @ day , is not theirs .
“ We are talking about sovereign states , ” he said .
“ If you build ports there , or you build hydropower plants , you name it , ultimately they are on sovereign terrain .
China can ’ t just take it away , or fully control them.
” Some experts question the military benefit of controlling vast expanses of Central Asia where there are few people and endless tracts of empty land .
“ That China is building networks that try and crisscross Central Asia @ @ @ @ @ @ @ borders with these countries , ” said Frederic Lasserre , a professor of geopolitics and an Asia scholar at the Universite Laval in Canada , in an email .
“ Is that proof that it will get control of the so-called world island and then dominate the world ?
I am really not convinced.
” Anyway , Ghiasy doubted China is seeking world domination but rather trying to ensure it can satisfy its expanding appetite and security interests .
“ When you are in charge of 20 % of humanity , that ’ @ @ @ @ @ @ @ , you have your hands more than full , so there ’ s no space for them to control the world , ” he said .
On the plus side , China has not engaged in military adventurism abroad , except for a few border skirmishes , Dukalskis said .
The last time China engaged in a full-fledged war was in 1979 when it invaded Vietnam .
“ So , in terms of a threat to world peace , there ’ s something to be said for it not having invaded or overthrown @ @ @ @ @ @ @ .
“ The question that is on everyone ’ s mind is a country ’ s security horizons expand with their power .
So , the more that China is involved economically and politically around the world , then the wider its conception of security becomes .
So in the next 20 to 50 to 100 years , will that same record of kind of restraint remain ?
I am not really sure.
” In this context , Europeans are trying to figure out how to deal with both China and the U.S. @ @ @ @ @ @ @ around Brussels and select EU capitals , ” Ghiasy said .
“ Do we want to be sandwiched between these two increasingly more anxious and competing giants ?
” He continued : “ So where do we want to stand ?
Because obviously , historically , culturally , linguistically , religiously , there are very close links to the U.S. , NATO partners , all that .
“ China is distant ; China is non-democratic ; China has different values historically .
But they are a very big trading partner and we have @ @ @ @ @ @ @ do we navigate our way through that ?
How do we make sure our own interests are never at risk ?
” The answer European leaders have come up with is something they are calling “ strategic autonomy.
” Since the rise of Trump and his trade war with China , Europeans have talked about the need to become more self-reliant and less dependent on both the U.S. and China in some critical sectors .
Ghiasy said China likely will seek to foster warm ties with Europe and entice it away from the @ @ @ @ @ @ @ have Europe on your side , you most likely have them against you , and that would be on the U.S. side , ” Ghiasy said .
“ They would be in a more strategically advantageous position if Europe is somewhat more in the center , slightly towards China , or slightly towards the U.S. , but not fully in the U.S. camp.
” Lasserre said he doubted the EU will be able to develop a common policy towards China .
“ So far China has been very skilled at playing divisions among @ @ @ @ @ @ @ “ Especially with a few Central European states like Serbia indeed , but also Hungary.
” Courthouse News reporter Cain Burdeau is based in the European Union .

Europe finds itself at a highly disorienting historical moment: No longer the center of world geopolitics and adrift in a world increasingly defined by a conflict between the United States and China.
(CN) — Europe finds itself at a highly disorienting historical moment: No longer the center of world geopolitics and adrift in a world increasingly defined by a conflict between the United States and China.
In this clash, the central stage is far from Europe's borders on the other side of the planet but its progress carries serious consequences for Europe, a major political and economic power in world affairs in its own right but reluctant to simply follow American adventurism in distant lands against China.
“The central front of geopolitics is no longer in Europe, it's now in the Pacific,” said Mark Leonard, the director of the European Council on Foreign Relations, during a recent discussion. “That is a profound shock to the way Europeans think about themselves.”
This novel paradigm has left European elites utterly divided and confused about what they should do and it's given rise to an explosion in sinology studies on a continent largely untouched by Chinese history and political forces until recently.
In just a few years, a library-sized amount of material on China has been accumulated in Europe in the form of conferences, books, talks, discussion groups, documentaries, quarterlies and scholarly papers. Think tanks focus increasingly on China and disagreements over China policy are regular features inside European political circles.
At its most basic, Europeans are wrestling with a basic question: Should they consider China and its ruling Communist Party a mostly benevolent rising superpower or does it pose an existential threat to world peace and to Europe? If the first, how can Europe work with it and not antagonize its old ally, the U.S.? If the latter, how can it constrain China but also not turn it into an enemy?
In this new global Sino-American conflict, Europe is caught in the middle of a fight between its two biggest trading partners and it can seem to flounder in a world now described as dominated by the law of the jungle rather than common rules.
With Washington increasingly consumed with its strategy to counter China, American diplomacy is turning its back on Europeans and not consulting its leaders even on matters of keen importance to Europe, such as its policies in Iraq and Ukraine.
“They are basically seen as chips which can be traded off against other things,” Leonard said about how U.S. diplomats view European interests.
The relationship between Europe and President-elect Joe Biden will be a big improvement from the toxic one that evolved with President Donald Trump. Biden will be more open to discussion with the European Union on issues such as climate change and countering Russia and China. But his administration will likely carry on focusing on China and seeing EU concerns as secondary, experts say.
FILE - In this Dec. 4, 2013, file photo, Chinese President Xi Jinping, right, shakes hands with then U.S. Vice President Joe Biden as they pose for photos at the Great Hall of the People in Beijing. As Americans celebrate or fume over the new president-elect, many in Asia are waking up to the reality of a Joe Biden administration with decidedly mixed feelings. Relief and hopes of economic and environmental revival jostle with needling anxiety and fears of inattention. The two nations are inexorably entwined, economically and politically, even as the U.S. military presence in the Pacific chafes against China’s expanded effort to have its way in what it sees as its natural sphere of influence. (AP Photo/Lintao Zhang, Pool, File)
Unlike the U.S., a big difference for Europe is there isn't an ocean between it and China and in recent years China has rapidly begun to build rail-lines, sea links and commercial ties to Europe through its massive infrastructure project known as the Belt and Road Initiative.
It's envisioned as one of the world's biggest engineering projects ever undertaken and aims to link China to Europe and Africa through a series of ports, railroads, pipelines, airports, transnational electrical grids, fiber optic cables and economic alliances. China has built a military base in Djibouti, a small nation on the Horn of Africa, along with this scheme.
The project, announced in 2013 by Chinese President Xi Jinping, also had other motives. After the 2008 global financial collapse, the Chinese state went on a building spree to make sure its economy didn't collapse. After that, this new global project was viewed as the next step in China's development with the government saying it planned to spend $100 billion each year for a decade. That kind of spending was meant to keep its state-owned enterprises busy for years to come.


courthousenews--2020-11-23--Trump Campaign Legal Team Distances Itself From Powell

WASHINGTON ( AP ) — Perhaps Sidney Powell has gone too far for even Rudy Giuliani this time .
The Trump campaign ’ s legal team moved to distance itself Sunday from the firebrand conservative attorney after a tumultuous several days in which Powell made multiple incorrect statements about the voting process , unspooled unsupported and complex conspiracy theories and vowed to “ blow up ” Georgia with a “ biblical ” lawsuit .
“ Sidney Powell is practicing law on her own .
She is not a member of the Trump Legal Team .
She is also not a @ @ @ @ @ @ @ capacity , ” Giuliani and another lawyer for Trump , Jenna Ellis , said in a statement .
There was no immediate clarification from the campaign and Powell did not immediately return an email seeking comment .
The statement hints at further tumult for a legal team that has lost case after case in contested states as it works to overturn the results of the Nov. 3 election .
Law firms have withdrawn from cases , and in the latest blow , a federal judge dismissed on Saturday night the Trump campaign ’ @ @ @ @ @ @ @ votes in Pennsylvania in a blistering ruling that described the arguments as “ strained ” and “ unsupported by evidence.
” The statement about Powell was the latest sign of wariness over her approach even within some conservative circles .
Fox News host Tucker Carlson said on his show last week that his team had asked Powell for evidence to support her claims , but that Powell had provided none .
Trump himself had heralded Powell ’ s involvement , tweeting last week that she was part of a team of “ wonderful @ @ @ @ @ @ @ .
Powell made headlines with her statements at a Thursday news conference where , joined by Giuliani and Ellis , she incorrectly suggested that a server hosting evidence of voting irregularities was located in Germany , that voting software used by Georgia and other states was created at the direction of late Venezuelan President Hugo Chavez and that votes for President Donald Trump had probably been switched in favor of President-elect Joe Biden .
In a subsequent interview with Newsmax , she appeared to accuse Georgia ’ s Republican governor , Brian Kemp @ @ @ @ @ @ @ of being part of a conspiracy involving a voting-system contract award that she contends harmed Trump ’ s reelection bid .
“ Georgia ’ s probably going to be the first state I ’ m going to blow up and Mr. Kemp and the secretary of state need to go with it , ” she said , later adding that a lawsuit she planned to file against the state would be “ biblical.
” The status of that lawsuit was unclear Sunday night .
Powell , a former federal prosecutor , took over @ @ @ @ @ @ @ Trump ’ s former national security adviser Michael Flynn , who pleaded guilty in special counsel Robert Mueller ’ s Russia investigation .
Since then , a federal judge rejected her claims of prosecutorial misconduct and has responded quizzically to some of her arguments , including her suggestion at a hearing several weeks ago that her conversations with Trump about the Flynn case were privileged .
She has supported a Justice Department motion to dismiss the prosecution , a request that remains pending before U.S. District Judge Emmet Sullivan .

The Trump campaign's legal team moved to distance itself Sunday from the firebrand conservative attorney after a tumultuous several days in which Powell made multiple incorrect statements about the voting process, unspooled unsupported and complex conspiracy theories and vowed to "blow up" Georgia with a "biblical" lawsuit.
WASHINGTON (AP) — Perhaps Sidney Powell has gone too far for even Rudy Giuliani this time.
The Trump campaign's legal team moved to distance itself Sunday from the firebrand conservative attorney after a tumultuous several days in which Powell made multiple incorrect statements about the voting process, unspooled unsupported and complex conspiracy theories and vowed to "blow up" Georgia with a "biblical" lawsuit.
"Sidney Powell is practicing law on her own. She is not a member of the Trump Legal Team. She is also not a lawyer for the President in his personal capacity," Giuliani and another lawyer for Trump, Jenna Ellis, said in a statement.
There was no immediate clarification from the campaign and Powell did not immediately return an email seeking comment.
The statement hints at further tumult for a legal team that has lost case after case in contested states as it works to overturn the results of the Nov. 3 election. Law firms have withdrawn from cases, and in the latest blow, a federal judge dismissed on Saturday night the Trump campaign's effort to block the certification of votes in Pennsylvania in a blistering ruling that described the arguments as "strained" and "unsupported by evidence."
The statement about Powell was the latest sign of wariness over her approach even within some conservative circles. Fox News host Tucker Carlson said on his show last week that his team had asked Powell for evidence to support her claims, but that Powell had provided none.
Trump himself had heralded Powell's involvement, tweeting last week that she was part of a team of "wonderful lawyers and representatives" spearheaded by Giuliani.
Powell made headlines with her statements at a Thursday news conference where, joined by Giuliani and Ellis, she incorrectly suggested that a server hosting evidence of voting irregularities was located in Germany, that voting software used by Georgia and other states was created at the direction of late Venezuelan President Hugo Chavez and that votes for President Donald Trump had probably been switched in favor of President-elect Joe Biden.
In a subsequent interview with Newsmax, she appeared to accuse Georgia's Republican governor, Brian Kemp, and its Republican secretary of state of being part of a conspiracy involving a voting-system contract award that she contends harmed Trump's reelection bid.
"Georgia's probably going to be the first state I'm going to blow up and Mr. Kemp and the secretary of state need to go with it," she said, later adding that a lawsuit she planned to file against the state would be "biblical."
The status of that lawsuit was unclear Sunday night.
Powell, a former federal prosecutor, took over last year as the lead lawyer for Trump's former national security adviser Michael Flynn, who pleaded guilty in special counsel Robert Mueller's Russia investigation.
Since then, a federal judge rejected her claims of prosecutorial misconduct and has responded quizzically to some of her arguments, including her suggestion at a hearing several weeks ago that her conversations with Trump about the Flynn case were privileged.
She has supported a Justice Department motion to dismiss the prosecution, a request that remains pending before U.S. District Judge Emmet Sullivan.
By ERIC TUCKER Associated Press


courthousenews--2020-11-24--LA County Closer to Stay-at-Home Order as Daily Cases Top 6,100

LOS ANGELES ( CN ) — With over 6,100 new Covid-19 cases reported in Los Angeles County on Monday — the highest daily total ever — a new safer-at-home order appears more and more likely in a region where the novel coronavirus shows no signs of abating .
The county reported 6,124 new cases , roughly 1,500 of which were carried over from the weekend according to LA County Public Health Director Barbara Ferrer .
She sounded somewhat deflated during a Monday briefing as she recounted the high numbers .
“ We ’ ve never reported 6,000 cases in one @ @ @ @ @ @ @ cases in one day until last week , ” said Ferrer .
“ This acceleration is going to require us once again to make , what is for many people , devastating sacrifices so we can go back to slowing the spread.
” Over 360,000 people in LA County have tested positive for Covid-19 and over 7,400 are dead since the pandemic began .
Since late October , the average number of daily cases has more than doubled .
Monday ’ s figures come after LA County health officials ordered restaurants , breweries @ @ @ @ @ @ @ Wednesday , because the county recorded an average of more than 4,000 new daily cases over a five-day period .
The announcement drew sharp rebukes from the hospitality industry and at least one county supervisor , who said the move is too rash even with the recent surge in cases .
“ Increased case counts are not coming from businesses reopening but from large gatherings where people aren ’ t wearing masks , ” said Supervisor Kathryn Barger in a statement .
“ We aren ’ t helpless in slowing the spread of @ @ @ @ @ @ @ neighbors by maintaining physical distancing and wearing face coverings.
” The economic fallout from the stay-at-home order this past March wounded businesses across the county .
The Independent Hospitality Coalition , which is made up restaurants across LA , called plans to block outdoor dining drastic and blamed health officials for looking for an “ easy target to place the blame for the spread of Covid-19.
” It ’ s unclear what sectors are fueling the surge in new cases , but the hope is that stopping in-person dining on outdoor patios where @ @ @ @ @ @ @ of the virus .
In a statement , Supervisor Sheila Kuehl said she agreed with the measure , saying it is necessary to avoid overrunning hospitals .
“ Outdoor restaurants are the only place where people are permitted to sit for hours without masks while servers do not maintain physical distance in order to take orders and serve food , ” said Kuehl .
“ Given our case load , I strongly believe this was a smart and responsible decision that puts people ’ s lives above all other considerations.
” Yet despite @ @ @ @ @ @ @ will not institute a mask mandate and will instead rely on county officials to issue citations to noncompliant businesses .
Health inspectors have found most businesses are in compliance with staff wearing face coverings and infection control but many fail to require physical distancing of patrons on patios and sidewalks .
Ferrer said about 20 % of restaurants were out of compliance in this regard , meaning there were roughly 6,000 sites across LA County where strangers could be in close contact .
The news of the last few days unfolded a week @ @ @ @ @ @ @ guideposts for determining when to issue new health orders .
Over the weekend the county tripped its first threshold , when the five-day daily case average topped 4,000 .
But Monday ’ s record-breaking update tripped a second threshold that may result in a new stay-at-home order for 10 million Angelenos .
At the time , Ferrer guessed the county wouldn ’ t reach either waypoint until December .
It ’ s unclear what shape a new stay-at-home order will take , but it will be in place for three weeks and only @ @ @ @ @ @ @ to leave their homes .
Ferrer said the next order would be targeted and not like the March stay-at-home order , because health experts know so much more about the virus .
The LA County Board of Supervisors will take up the issue at their Tuesday meeting .
Ferrer did not elaborate if or when the new health order would be implemented .
“ We ’ ll just have to wait and see what the board decides to do tomorrow , ” she said .
She urged students traveling home for Thanksgiving to @ @ @ @ @ @ @ same goes for California Governor Gavin Newsom after he and his family were exposed to a police officer who tested positive for Covid-19 last week .
On Monday , California reported over 8,300 new cases and 50 new deaths .
So far , Governor Gavin Newsom and his family aren ’ t among the new cases though they will be quarantining for the next two weeks after his children had contact with a California Highway Patrol officer who tested positive .
“ Anyone that ’ s grown to be with their kids , @ @ @ @ @ @ @ many days , it is a very challenging and trying time , ” said Newsom during a Covid-19 briefing from his home .
“ I ’ ve been tested a lot the last few weeks , ” said Newsom during the briefing hampered by a spotty internet connection .
“ I feel perfectly healthy .
I tested negative yesterday and have no expectation that I ’ ll test any differently .
”

With over 6,100 new Covid-19 cases reported in Los Angeles County on Monday — the highest daily total ever — a new safer-at-home order appears more and more likely in a region where the novel coronavirus shows no signs of abating.
LOS ANGELES (CN) — With over 6,100 new Covid-19 cases reported in Los Angeles County on Monday — the highest daily total ever — a new safer-at-home order appears more and more likely in a region where the novel coronavirus shows no signs of abating.
The county reported 6,124 new cases, roughly 1,500 of which were carried over from the weekend according to LA County Public Health Director Barbara Ferrer. She sounded somewhat deflated during a Monday briefing as she recounted the high numbers.
“We’ve never reported 6,000 cases in one day. We never reported over 3,200 cases in one day until last week,” said Ferrer. “This acceleration is going to require us once again to make, what is for many people, devastating sacrifices so we can go back to slowing the spread.”
Over 360,000 people in LA County have tested positive for Covid-19 and over 7,400 are dead since the pandemic began. Since late October, the average number of daily cases has more than doubled.
Monday’s figures come after LA County health officials ordered restaurants, breweries and bars to cease outdoor dining beginning Wednesday, because the county recorded an average of more than 4,000 new daily cases over a five-day period.
The announcement drew sharp rebukes from the hospitality industry and at least one county supervisor, who said the move is too rash even with the recent surge in cases.
“Increased case counts are not coming from businesses reopening but from large gatherings where people aren’t wearing masks,” said Supervisor Kathryn Barger in a statement. “We aren’t helpless in slowing the spread of Covid-19 and can protect ourselves and our neighbors by maintaining physical distancing and wearing face coverings.”
The economic fallout from the stay-at-home order this past March wounded businesses across the county. The Independent Hospitality Coalition, which is made up restaurants across LA, called plans to block outdoor dining drastic and blamed health officials for looking for an “easy target to place the blame for the spread of Covid-19.”
It’s unclear what sectors are fueling the surge in new cases, but the hope is that stopping in-person dining on outdoor patios where people often socialize will slow the spread of the virus.
In a statement, Supervisor Sheila Kuehl said she agreed with the measure, saying it is necessary to avoid overrunning hospitals.
“Outdoor restaurants are the only place where people are permitted to sit for hours without masks while servers do not maintain physical distance in order to take orders and serve food,” said Kuehl. “Given our case load, I strongly believe this was a smart and responsible decision that puts people’s lives above all other considerations.”
The problem is not isolated to where people eat as worksites like warehouses have reported increased confirmed infections. Even the LA County Superior Court has had a problem with people keeping their face masks on and keeping far enough from strangers while inside a courthouse.
“Despite a general order requiring the use of face masks and social distancing mandates, attorneys, litigants and others routinely remove their masks and fail to observe social distancing while in our courthouses,” said Presiding Judge Kevin Brazile in a statement.
Starting Nov. 30, public access to all county courthouses will be limited and sheriff's deputies will enforce the wearing of face masks. People will also be required to not gather or speak with others in hallways or in other public areas inside courthouses.
Yet despite the surge, Ferrer said health officials will not institute a mask mandate and will instead rely on county officials to issue citations to noncompliant businesses.
Health inspectors have found most businesses are in compliance with staff wearing face coverings and infection control but many fail to require physical distancing of patrons on patios and sidewalks. Ferrer said about 20% of restaurants were out of compliance in this regard, meaning there were roughly 6,000 sites across LA County where strangers could be in close contact.
The news of the last few days unfolded a week after the county announced a set of guideposts for determining when to issue new health orders.
Over the weekend the county tripped its first threshold, when the five-day daily case average topped 4,000. But Monday’s record-breaking update tripped a second threshold that may result in a new stay-at-home order for 10 million Angelenos.
At the time, Ferrer guessed the county wouldn’t reach either waypoint until December.
It’s unclear what shape a new stay-at-home order will take, but it will be in place for three weeks and only allow “essential and emergency workers” to leave their homes. Ferrer said the next order would be targeted and not like the March stay-at-home order, because health experts know so much more about the virus.
The LA County Board of Supervisors will take up the issue at their Tuesday meeting.
Ferrer did not elaborate if or when the new health order would be implemented. “We’ll just have to wait and see what the board decides to do tomorrow,” she said.
She urged students traveling home for Thanksgiving to quarantine for 14 days. And the same goes for California Governor Gavin Newsom after he and his family were exposed to a police officer who tested positive for Covid-19 last week.
On Monday, California reported over 8,300 new cases and 50 new deaths. So far, Governor Gavin Newsom and his family aren’t among the new cases though they will be quarantining for the next two weeks after his children had contact with a California Highway Patrol officer who tested positive.
“Anyone that's grown to be with their kids, isolated or quarantined, for many, many days, it is a very challenging and trying time,” said Newsom during a Covid-19 briefing from his home.
“I’ve been tested a lot the last few weeks,” said Newsom during the briefing hampered by a spotty internet connection. “I feel perfectly healthy. I tested negative yesterday and have no expectation that I’ll test any differently.”


courthousenews--2020-11-24--PG&E Must Face Lawsuit Over Century-Old Gas Plant Contamination

SAN FRANCISCO ( CN ) — Pacific Gas and Electric must face claims that a gas plant operated by its predecessors more than 100 years ago continues to leak harmful toxins into the San Francisco Bay , a federal judge has ruled .
U.S. District Judge William Orrick refused to dismiss a lawsuit brought by former San Francisco resident Dan Clarke .
The litigation seeks to force PG & E to investigate and clean up contamination left by the Cannery gas plant , owned and operated by PG & E ’ s predecessors from 1898 to 1907 .
Clarke ’ @ @ @ @ @ @ @ & Klein in San Francisco , touted the decision as an encouraging outcome for his client and the environment .
“ This is a good result , ” Gross said in a phone interview Monday .
“ We ’ re pleased that we ’ re allowed to move forward , and we look forward to compelling PG & E to pay for the cleanup of this area.
” In 2018 , PG & E settled claims related to three other manufactured gas plants operated in San Francisco at the turn of the 20th @ @ @ @ @ @ @ investigate , monitor and report levels of polycyclic aromatic hydrocarbons , or PAHs , toxic byproducts of the gas manufacturing process .
The utility also vowed to create a cleanup plan for groundwater contamination and pay $ 4.2 million for water quality and environmental improvement projects .
That settlement did not address a fourth gas plant known as the Cannery near San Francisco ’ s Ghiradelli Square and Aquatic Park .
The former plant ’ s footprint , encompassing one city block , is now occupied by a hotel , restaurants , shops @ @ @ @ @ @ @ .
Like other manufactured gas plants at the turn of the century , the Cannery used oil and coal to create gas for lighting , heating and cooking .
The plant , operated by PG & E predecessors the Equitable Gas Light Company and San Francisco Gas and Electric company , was demolished in 1907 after the Great Earthquake of 1906 .
A 1985 test of soil samples in the area by the National Park Service found contamination six times higher than the level at which soil should be suspected as a source @ @ @ @ @ @ @ by PG & E in 1986 found a “ very high level ” of PAHs , lead and other toxins , according to Clarke ’ s lawsuit .
In his Friday night ruling , Orrick advanced a claim that PG & E ’ s alleged conduct has diminished Clarke ’ s aesthetic and recreational enjoyment of a shoreline area in the city ’ s Marina District where he used to reside and still goes on walks .
However , the judge dismissed Clean Water Act claims on statute-of-limitations grounds , finding Clarke failed @ @ @ @ @ @ @ within the last five years .
He also dismissed state law claims of negligence and strict liability , finding Clarke could not base those claims on his decision not to buy a house on San Francisco ’ s northern waterfront .
Clarke moved to the suburb of San Mateo after selling his previous home near San Francisco ’ s northern shore to PG & E .
Clarke says the sale resulted from a failure to get PG & E to agree on a plan for cleaning up contaminated soil on the property .
@ @ @ @ @ @ @ amend his lawsuit with more details that could potentially overcome the utility ’ s motion to dismiss .
Though he dismissed the Clean Water Act claim for timeliness , the judge refused to accept PG & E ’ s argument that it could never be held liable because the claimed transgressions took place before the law was passed in 1972 .
“ I find that Clarke has adequately alleged an ongoing discharge that does not seek retroactive application of the [ Clean Water Act ] , ” Orrick wrote in his 21-page decision @ @ @ @ @ @ @ believes that claim will move forward after an amended complaint is filed .
“ We ’ re confident that the shortcomings that Judge Orrick identified in that claim can be resolved , ” Gross said .
Like other manufactured gas plants in the late 1800s and early 1900s , the Cannery was a “ bridge ” between whale oil and natural gas .
It produced highly toxic , 20th century-style contaminants associated with refined petroleum but with a waste disposal system designed for the 18th or 19th centuries , he said .
“ @ @ @ @ @ @ @ is the establishment of an environmental remediation trust that PG & E would fund and be responsible for investigating and cleaning up the manufactured gas plant waste , ” Gross said .
In a statement Monday , PG & E said it considers the safety of its customers and the public a top priority , which includes “ a strong commitment to the environment and addressing any impacts from historical operations.
” However , the utility insisted that it is not responsible for any contamination from the turn-of-the-century gas plant because “ PG @ @ @ @ @ @ @ Cannery Manufactured Gas Plant .
”

Pacific Gas and Electric must face claims that a gas plant operated by its predecessors more than 100 years ago continues to leak harmful toxins into the San Francisco Bay, a federal judge has ruled.
SAN FRANCISCO (CN) — Pacific Gas and Electric must face claims that a gas plant operated by its predecessors more than 100 years ago continues to leak harmful toxins into the San Francisco Bay, a federal judge has ruled.
U.S. District Judge William Orrick III refused to dismiss a lawsuit brought by former San Francisco resident Dan Clarke. The litigation seeks to force PG&E to investigate and clean up contamination left by the Cannery gas plant, owned and operated by PG&E’s predecessors from 1898 to 1907.
Clarke’s lawyer, Stuart Gross of Gross & Klein in San Francisco, touted the decision as an encouraging outcome for his client and the environment.
“This is a good result,” Gross said in a phone interview Monday. “We’re pleased that we’re allowed to move forward, and we look forward to compelling PG&E to pay for the cleanup of this area.”
In 2018, PG&E settled claims related to three other manufactured gas plants operated in San Francisco at the turn of the 20th century. PG&E agreed to investigate, monitor and report levels of polycyclic aromatic hydrocarbons, or PAHs, toxic byproducts of the gas manufacturing process. The utility also vowed to create a cleanup plan for groundwater contamination and pay $4.2 million for water quality and environmental improvement projects.
That settlement did not address a fourth gas plant known as the Cannery near San Francisco’s Ghiradelli Square and Aquatic Park. The former plant’s footprint, encompassing one city block, is now occupied by a hotel, restaurants, shops, and a National Park Visitor Center.
Like other manufactured gas plants at the turn of the century, the Cannery used oil and coal to create gas for lighting, heating and cooking. The plant, operated by PG&E predecessors the Equitable Gas Light Company and San Francisco Gas and Electric company, was demolished in 1907 after the Great Earthquake of 1906.
A 1985 test of soil samples in the area by the National Park Service found contamination six times higher than the level at which soil should be suspected as a source of groundwater contamination. A follow-up study by PG&E in 1986 found a “very high level” of PAHs, lead and other toxins, according to Clarke’s lawsuit.
In his Friday night ruling, Orrick advanced a claim that PG&E’s alleged conduct has diminished Clarke’s aesthetic and recreational enjoyment of a shoreline area in the city’s Marina District where he used to reside and still goes on walks.
However, the judge dismissed Clean Water Act claims on statute-of-limitations grounds, finding Clarke failed to show a distinct violation that occurred within the last five years. He also dismissed state law claims of negligence and strict liability, finding Clarke could not base those claims on his decision not to buy a house on San Francisco’s northern waterfront. Clarke moved to the suburb of San Mateo after selling his previous home near San Francisco’s northern shore to PG&E. Clarke says the sale resulted from a failure to get PG&E to agree on a plan for cleaning up contaminated soil on the property.
The judge gave Clarke 20 days to amend his lawsuit with more details that could potentially overcome the utility’s motion to dismiss.
Though he dismissed the Clean Water Act claim for timeliness, the judge refused to accept PG&E’s argument that it could never be held liable because the claimed transgressions took place before the law was passed in 1972.
“I find that Clarke has adequately alleged an ongoing discharge that does not seek retroactive application of the [Clean Water Act],” Orrick wrote in his 21-page decision.
Clarke’s lawyer said he believes that claim will move forward after an amended complaint is filed.
“We’re confident that the shortcomings that Judge Orrick identified in that claim can be resolved,” Gross said.
Like other manufactured gas plants in the late 1800s and early 1900s, the Cannery was a “bridge” between whale oil and natural gas. It produced highly toxic, 20th century-style contaminants associated with refined petroleum but with a waste disposal system designed for the 18th or 19th centuries, he said.
“What we’re ultimately seeking here is the establishment of an environmental remediation trust that PG&E would fund and be responsible for investigating and cleaning up the manufactured gas plant waste,” Gross said.
In a statement Monday, PG&E said it considers the safety of its customers and the public a top priority, which includes “a strong commitment to the environment and addressing any impacts from historical operations.”
However, the utility insisted that it is not responsible for any contamination from the turn-of-the-century gas plant because “PG&E did not operate the former Cannery Manufactured Gas Plant.”


courthousenews--2020-11-23--California Courts Covid Update

California Courts Covid Update

Nov. 19 , 2020 : National Adoption Day celebrated with virtual news conference and virtual adoption ceremonies for 149 children @ @ @ @ @ Extension of order appointing counsel in Criminal and Juvenile matters

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight CNS stories for today including President-elect Joe Biden announced key members of his national security team and is expected to name former Federal Reserve Chair Janet Yellen as his Treasury secretary ; AstraZeneca said its Covid-19 vaccine was up to 90 % effective in late-stage clinical trials ; The Michigan Board of State Canvassers voted to certify the state ’ s election results , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your @ @ @ @ @ @ @ ) President-elect Joe Biden announced key members of his national security team Monday morning , after news broke over the weekend he planned to pick Antony Blinken to serve as secretary of state .
2 . )
President-elect Joe Biden is expected to name Janet Yellen , former chair of the U.S. Federal Reserve , as his Treasury secretary , according to multiple reports .
3 . )
The peaceful transfer of power from outgoing President Donald Trump to President-elect Joe Biden will formally begin after the head of the General Services Administration @ @ @ @ @ @ @ .
4 . )
Seeking points with the incoming Biden administration , General Motors announced Monday it was “ committed to an all-electric future ” and will abandon President Donald Trump ’ s effort to erase California ’ s longstanding ability to strictly regulate tailpipe emissions .
5 . )
The Michigan Board of State Canvassers voted Monday to certify the state ’ s election results , pouring cold water on President Donald Trump ’ s efforts to cast doubt on President-elect Joe Biden ’ s victory .
6 . )
The Trump @ @ @ @ @ @ @ of Pennsylvania mail-in ballots tossed over errors on the envelopes met defeat Monday at the Pennsylvania Supreme Court .
7 . )
As the coronavirus pandemic continues to accelerate around the world , British pharmaceutical giant AstraZeneca said Monday that its Covid-19 vaccine was up to 90 % effective in late-stage clinical trials .
8 . )
Pollution and greenhouse gases soared to a new record in 2020 , even with the drop seen when the coronavirus pandemic rattled industrial sources this spring , weather researchers at the United Nations reported Monday .

Top eight CNS stories for today including President-elect Joe Biden announced key members of his national security team and is expected to name former Federal Reserve Chair Janet Yellen as his Treasury secretary; AstraZeneca said its Covid-19 vaccine was up to 90% effective in late-stage clinical trials; The Michigan Board of State Canvassers voted to certify the state’s election results, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight CNS stories for today including President-elect Joe Biden announced key members of his national security team and is expected to name former Federal Reserve Chair Janet Yellen as his Treasury secretary; AstraZeneca said its Covid-19 vaccine was up to 90% effective in late-stage clinical trials; The Michigan Board of State Canvassers voted to certify the state’s election results, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) President-elect Joe Biden announced key members of his national security team Monday morning, after news broke over the weekend he planned to pick Antony Blinken to serve as secretary of state.
President-elect Joe Biden participates in a meeting with the National Governors Association's executive committee at The Queen theater, Thursday, Nov. 19, 2020, in Wilmington, Del. (AP Photo/Andrew Harnik)
2.) President-elect Joe Biden is expected to name Janet Yellen, former chair of the U.S. Federal Reserve, as his Treasury secretary, according to multiple reports.
Federal Reserve Chair Janet Yellen listens to introductions as she is awarded the Paul H. Douglas Award for Ethics in Government, on Capitol Hill in Washington. (AP Photo/Jacquelyn Martin, File)
3.) The peaceful transfer of power from outgoing President Donald Trump to President-elect Joe Biden will formally begin after the head of the General Services Administration signed off on the transition process Monday.
FILE - In this June 21, 2019 file photo, General Services Administration Administrator Emily Murphy speaks during a ribbon cutting ceremony for the Department of Homeland Security's St. Elizabeths Campus Center Building in Washington. The head of the obscure federal government agency that is holding up Joe Biden's presidential transition knew well before Election Day she might have a messy situation on her hands well. Prior to Nov. 3, GSA administrator Emily Murphy held a Zoom call with Dave Barram, 77, a man who was in her shoes 20 years earlier during the contested 2000 election between George W. Bush and Al Gore. Barram said he gave her some simple advice, “If you do the right thing, then all you have to do is live with the consequences of it.’”(AP Photo/Susan Walsh)
4.) Seeking points with the incoming Biden administration, General Motors announced Monday it was “committed to an all-electric future” and will abandon President Donald Trump’s effort to erase California’s longstanding ability to strictly regulate tailpipe emissions.
Morning rush hour traffic makes its way along U.S. 101 near downtown Los Angeles on Nov. 15, 2016. (AP Photo/Richard Vogel, File)
Regional
5.) The Michigan Board of State Canvassers voted Monday to certify the state’s election results, pouring cold water on President Donald Trump’s efforts to cast doubt on President-elect Joe Biden’s victory.
Joscha Weese, left, stands outside the Capitol building during a rally in Lansing, Mich., Saturday, Nov. 14, 2020. Michigan's elections board is scheduled to meet to certify the state's presidential election results Monday. (AP Photo/Paul Sancya)
6.) The Trump campaign’s attempt to have thousands of Pennsylvania mail-in ballots tossed over errors on the envelopes met defeat Monday at the Pennsylvania Supreme Court.
Approximately 100 Trump supporters some with flags and signs stood across West Third Street from the Federal Building in Williamsport, Pa., for hours Tuesday, Nov. 17, 2020, chanting such things as ‘Four More Years,’ ‘Black Lives Matter,’ ‘We Want Trump’ and ‘Dead People Can’t Vote.’ Attorneys for the Trump campaign organization inside the Federal Building were arguing why the state and seven county election boards were arguing should not certify the results of the general election because voters across the state were not treated the same. (John Beauge/The Patriot-News via AP)
International
7.) As the coronavirus pandemic continues to accelerate around the world, British pharmaceutical giant AstraZeneca said Monday that its Covid-19 vaccine was up to 90% effective in late-stage clinical trials.
FILE - In this Saturday, July 18, 2020 file photo a general view of AstraZeneca offices and the corporate logo in Cambridge, England. AstraZeneca says late-stage trials of its COVID-19 vaccine were "highly effective'' in preventing disease. A vaccine developed by AstraZeneca and the University of Oxford prevented 70% of people from developing the coronavirus in late-stage trials, the team reported Monday Nov. 23, 2020.(AP Photo/Alastair Grant, File)
8.) Pollution and greenhouse gases soared to a new record in 2020, even with the drop seen when the coronavirus pandemic rattled industrial sources this spring, weather researchers at the United Nations reported Monday.


courthousenews--2020-11-23--Feds, Businesses Clash Over Tech Worker Visa Restrictions

OAKLAND , Calif. ( CN ) — The U.S. Chamber of Commerce clashed with the Trump administration in federal court Monday over new rules tightening visa access to foreign tech workers and other professionals .
Framed as a way to preserve American jobs during the coronavirus , the rules announced Oct. 6 require U.S. employers to raise wages for highly skilled workers — ostensibly to deter U.S. companies from replacing American workers with cheaper foreign labor .
The U.S. Chamber of Commerce , National Association of Manufacturers , National Retail Federation , and other industry groups sued to block the @ @ @ @ @ @ @ ago , the groups successfully challenged President Donald Trump ’ s executive order suspending certain work visas through the end of the year .
U.S. District Judge Jeffrey White enjoined the proclamation in an October ruling that found the Trump overstepped the authority Congress delegated to the president to restrict or suspend foreign entry into the United States .
Just a few days later , the Department of Homeland Security and Department of Labor issued the interim final rules the industry groups believe will “ substantially restrict , if not outright eliminate , @ @ @ @ @ @ @ to raising wages , the rules require visa applicants to have a degree in their specific field or “ specialty occupation.
” They also scrutinize “ shadow ” hiring arrangements under which third-party employers recruit foreign workers en masse and outsource them out other businesses , usually as IT staff .
The rules drew the immediate ire of business groups that rely on foreign nationals to fill workforce gaps .
Patrick Duffy , the tech giant Intel ’ s director of global labor relations and workforce policy , said in a court filing @ @ @ @ @ @ @ agencies are “ practically impossible for a large company to implement overnight.
” The rules would largely affect workers in the tech sector but also apply to doctors , accountants , professors , scientists , and architects .
It affects not only new visa applicants , but workers who are already in the country who must renew their status at least once every three years .
In a declaration submitted to the court , the University of Utah ’ s associate general counsel Katherine Carreau said the wage increases are untenable and would @ @ @ @ @ @ @ academic hospital in the Mountain West .
The rule ’ s “ specialty occupation ” standard is especially pernicious , because it will necessitate terminating existing staff .
“ The reason it hired H-1B employees in the first place was because of lack of skilled labor to fill these roles .
If the university can not fill these roles , it will suffer additional harms , including inability to offer sufficient courses to our students ; increased wait times for patients to make appointments with health care providers ; interference with federally funded @ @ @ @ @ @ @ Laboratories , delaying the ability to provide timely clinical test results to medical professionals and patients , including the results of Covid-19 testing , ” Carreau wrote .
“ And it is substantially likely that the university will not be able to find qualified employees in the market , leaving these important roles unfilled.
” At a hearing Monday , Chamber of Commerce attorney Paul Hughes said the government did not have good cause to forego the public notice and comment period required under the Administrative Procedure Act .
He also said the @ @ @ @ @ @ @ to the H-1B visa program .
“ Is this regulation actually responding the harms the emergency has created ?
The answer is no , ” he said .
“ If it ’ s otherwise , if there isn ’ t a standard that would be to say when there ’ s an economic calamity you could effectively do anything in the markets.
” Arguing for the government , Alexandra Saslaw said the Trump administration acted out of concern regarding long-term employment .
She said Homeland Security “ did look at the information sector @ @ @ @ @ @ @ in both of those sectors.
” She added that the agencies needed to act quickly so companies couldn ’ t try to circumvent the “ protective qualities ” they were seeking , and that the government had good cause to dispense with notice and comment period .
“ Why wouldn ’ t your argument apply to basically any rule ?
” Judge White asked .
“ For example , hikes in fees for immigration benefits ?
” Saslaw answered , “ This is a case where we ’ re talking about businesses that @ @ @ @ @ @ @ incentives than other people might be , ” she said .
“ Also , this comes at this critical moment involving the Covid-19 pandemic.
” Hughes said the White House has made its agenda on foreign visas known well before the pandemic took hold , and that Covid-19 has been a pretext to enact policies it has sought for years .
“ It ’ s a very difficult argument for the government to make that they needed to do this in secrecy and they couldn ’ t tell the public about it and @ @ @ @ @ @ @ forewent notice and comment rule making … when the government didn ’ t in fact keep the secret , ” he said .
“ We ’ re talking about hundreds of thousands of existing employment relationships .
If the government is going to be justified in severing those , it ’ s the sort of thing that the public interest requires at least giving those individuals and their employers some degree of notice so they can make the transition rather than doing it by complete .
ambush and overnight , ” Hughes said @ @ @ @ @ @ @ good cause justifies or allows.
” White took the arguments under submission .

The U.S. Chamber of Commerce clashed with the Trump administration in federal court Monday over new rules tightening visa access to foreign tech workers and other professionals.
OAKLAND, Calif. (CN) — The U.S. Chamber of Commerce clashed with the Trump administration in federal court Monday over new rules tightening visa access to foreign tech workers and other professionals.
Framed as a way to preserve American jobs during the coronavirus, the rules announced Oct. 6 require U.S. employers to raise wages for highly skilled workers — ostensibly to deter U.S. companies from replacing American workers with cheaper foreign labor.
The U.S. Chamber of Commerce, National Association of Manufacturers, National Retail Federation, and other industry groups sued to block the rule from taking effect.
Two months ago, the groups successfully challenged President Donald Trump's executive order suspending certain work visas through the end of the year. U.S. District Judge Jeffrey White enjoined the proclamation in an October ruling that found the Trump overstepped the authority Congress delegated to the president to restrict or suspend foreign entry into the United States.
Just a few days later, the Department of Homeland Security and Department of Labor issued the interim final rules the industry groups believe will “substantially restrict, if not outright eliminate, the H-1B visa category.”
In addition to raising wages, the rules require visa applicants to have a degree in their specific field or “specialty occupation.” They also scrutinize “shadow” hiring arrangements under which third-party employers recruit foreign workers en masse and outsource them out other businesses, usually as IT staff.
The rules drew the immediate ire of business groups that rely on foreign nationals to fill workforce gaps. Patrick Duffy, the tech giant Intel’s director of global labor relations and workforce policy, said in a court filing that the changes demanded by the federal agencies are “practically impossible for a large company to implement overnight.”
The rules would largely affect workers in the tech sector but also apply to doctors, accountants, professors, scientists, and architects. It affects not only new visa applicants, but workers who are already in the country who must renew their status at least once every three years.
In a declaration submitted to the court, the University of Utah’s associate general counsel Katherine Carreau said the wage increases are untenable and would have a disastrous effect on the only academic hospital in the Mountain West.
The rule’s “specialty occupation” standard is especially pernicious, because it will necessitate terminating existing staff.
“The reason it hired H-1B employees in the first place was because of lack of skilled labor to fill these roles. If the university cannot fill these roles, it will suffer additional harms, including inability to offer sufficient courses to our students; increased wait times for patients to make appointments with health care providers; interference with federally funded research projects; and, at ARUP Laboratories, delaying the ability to provide timely clinical test results to medical professionals and patients, including the results of Covid-19 testing,” Carreau wrote. “And it is substantially likely that the university will not be able to find qualified employees in the market, leaving these important roles unfilled.”
At a hearing Monday, Chamber of Commerce attorney Paul Hughes said the government did not have good cause to forego the public notice and comment period required under the Administrative Procedure Act.
He also said the agencies could not tie Covid-19 related unemployment to the H-1B visa program. “Is this regulation actually responding the harms the emergency has created? The answer is no,” he said. “If it’s otherwise, if there isn’t a standard that would be to say when there’s an economic calamity you could effectively do anything in the markets.”
Arguing for the government, Alexandra Saslaw said the Trump administration acted out of concern regarding long-term employment.
She said Homeland Security “did look at the information sector and services sector and found significant unemployment in both of those sectors.”
She added that the agencies needed to act quickly so companies couldn’t try to circumvent the “protective qualities” they were seeking, and that the government had good cause to dispense with notice and comment period.
“Why wouldn’t your argument apply to basically any rule?” Judge White asked. “For example, hikes in fees for immigration benefits?”
Saslaw answered, “This is a case where we’re talking about businesses that are going to be more responsive to incentives than other people might be,” she said. “Also, this comes at this critical moment involving the Covid-19 pandemic.”
Hughes said the White House has made its agenda on foreign visas known well before the pandemic took hold, and that Covid-19 has been a pretext to enact policies it has sought for years.
“It’s a very difficult argument for the government to make that they needed to do this in secrecy and they couldn’t tell the public about it and that’s the reason that they forewent notice and comment rule making … when the government didn’t in fact keep the secret,” he said.
“We're talking about hundreds of thousands of existing employment relationships. If the government is going to be justified in severing those, it's the sort of thing that the public interest requires at least giving those individuals and their employers some degree of notice so they can make the transition rather than doing it by complete. ambush and overnight,” Hughes said. “That’s not what good cause justifies or allows.”
White took the arguments under submission.


courthousenews--2020-11-23--Key Agency Chief Allows Biden Transition to Formally Begin

WASHINGTON ( CN ) — The peaceful transfer of power from outgoing President Donald Trump to President-elect Joe Biden will @ @ @ @ @ of the General Services Administration signed off on the transition process Monday .
GSA Administrator @ @ @ @ @ to Biden late Monday saying the Trump administration is ready to begin the presidential transition @ @ @ @ @ process more than two weeks after the race was called for the former vice president @

The peaceful transfer of power from outgoing President Donald Trump to President-elect Joe Biden will formally begin after the head of the General Services Administration signed off on the transition process Monday.
WASHINGTON (CN) — The peaceful transfer of power from outgoing President Donald Trump to President-elect Joe Biden will formally begin after the head of the General Services Administration signed off on the transition process Monday.
GSA Administrator Emily Murphy sent a letter to Biden late Monday saying the Trump administration is ready to begin the presidential transition. She officially triggered the process more than two weeks after the race was called for the former vice president.
In the letter first obtained by CNN, Murphy defended the delay, saying that she arrived at her decision to trigger transfer proceedings independently and “based on the law and available facts.”
“I was never directly or indirectly pressured by any executive branch official — including those who work at the White House or GSA — with regard to the substance or timing of my decision,” Murphy said. “To be clear, I did not receive any direction to delay my determination. I did, however, receive threats online, by phone and by mail directly at my safety, my family, my staff and even my pets in an effort to coerce me into making this determination prematurely. Even in the face of thousands of threats, I always remained committed to upholding the law.”
Under law, the administrator of the GSA has the sole authority to release millions in funds for presidential transition operations. Without her stamp of approval, an incoming administration is left hamstrung.
In 2016 when then-candidate Donald Trump secured his victory in the presidential election, opponent Hillary Clinton called him to concede the same day. Then-Secretary of Defense Ash Carter gave the go-ahead formally, issuing am order for a peaceful transition of power.
Within two days, President Barack Obama met with President-elect Trump, and Biden, then vice president, met with Vice President-elect Pence at the White House, where Obama welcomed Trump to the Oval.
The Obama White House handed off power in a rapid clip — even giving the Trump White House a playbook on how to handle major problems like a pandemic. That playbook went totally ignored, according to Ronald Klain, who was Obama’s Ebola czar at the time. Klain is now President-elect Joe Biden’s chief of staff.
Murphy on Monday chalked up her to delay to a lack of a statutes providing “procedures or standards” for how an administrator ascertains the vote when legal challenges and “incomplete counts” abound.
Biden won the popular vote with 79,890,356 cast in his favor and secured 306 electoral college votes. Trump’s popular vote totals lagged behind at 73,821,061 and he secured only 232 electoral college votes. This meant the incumbent failed to meet the minimum number of electoral votes required to win. Notably, in 2016, when Trump beat Clinton, the electoral college margin was the exact same — Trump with 306 to Clinton’s 232.
Yohannes Abraham, the director of the transition team for President-elect Biden and Vice President-elect Kamala Harris, appeared relieved on Monday, saying Murphy’s action was a “definitive” step.
“In the days ahead, transition officials will begin meeting with federal officials to discuss the pandemic response, have a full accounting of our national security interests and gain complete understanding of the Trump administration’s efforts to hollow out government agencies,” Abraham said in a statement.
While Murphy hedged on the transition process, pressure steadily mounted.
Last Friday, members of the House Oversight Committee issued a letter to Murphy requesting she attend a briefing with lawmakers and committee heads to unpack what was going on behind the scenes at the GSA.
By Monday morning however, Democratic committee chairs from House Oversight, the House Committee on Appropriations and two subcommittees — one for government operations and another for financial services and general government — upped the stakes.
Revealing that Murphy offered to send her deputy to meet with lawmakers instead of appearing herself and further revealing that she had raised logistical concerns around holding a virtual briefing, the lawmakers' patience wore thin. They gave Murphy until 5 p.m. Monday to pick a time to debrief, be it by phone or through other means.
In the hours that followed, one committee head after another put Murphy on notice. House Intelligence Committee Chairman Adam Schiff, D-California, wrote the administrator on Monday, noting her delay was a potential national security threat and cut Biden off from receiving information that only he and a “handful” of other top national security officers are privy to.
“A crucial element of the transition process is to ensure that this intelligence, often obtained at great cost and risk to American personnel, is shared with the incoming President to ensure that there is no security ‘gap’ as a result of the change in administration,” Schiff wrote before citing findings of the 9/11 Commission.
In the aftermath of the terrorist attacks in 2001, the commission found that President George W. Bush’s “truncated transition” period actively hampered the administration’s ability to flesh out key security posts and hold briefings.
National security threats abroad, including those from China and Russia, combined with the continuing pandemic are powerful twin forces, Schiff explained.
“The risks of an abbreviated transition period with insufficient opportunity for the incoming administration to fully prepare manifest and potentially deadly,” he said.
Similar sentiments were sent Monday to Murphy from Virginia Representative Don Beyer, the Democratic vice chair of the Joint Economic Committee, which is comprised of members of both the House and Senate.
Biden’s margin is soaring at 6 million more votes than Trump and counting, Beyer pointed out, and the U.S. Chamber of Commerce, the National Association of Manufacturers and even a smattering of prominent GOP lawmakers have been calling for a peaceful transition.
With unemployment gripping millions of Americans, including 12 million whose pandemic-related benefits are set to expire in just one week, and housing and food insecurity trending upward thanks to pressures from the pandemic, Murphy’s delay caused “grievous harm to our nation,” Beyer said.
President Trump had a much different take.
Currently 1 for 35 in court after launching a series of ill-fated lawsuits contesting, without evidence, the veracity of the 2020 election results in numerous states, Trump took to Twitter moments after Murphy’s letter went public.
Thanking Murphy for what he described as her “steadfast dedication and loyalty to Our Country," the outgoing president appeared eager to hold on.
“Our case STRONGLY continues, we will keep up the good fight and I believe we will prevail!” Trump wrote on Twitter “Nevertheless in the best interest of our country, I am recommending that Emily and her team do what needs to be done with regard to initial protocols, and have told my team to do the same.”


courthousenews--2020-11-23--Biden Expected to Pick Ex-Fed Chair Yellen as Treasury Secretary

( CN ) — President-elect Joe Biden is expected to name Janet Yellen , former chair of the U.S. Federal Reserve , as his Treasury secretary , according to multiple reports .
If named officially and confirmed , Yellen will be the first woman to serve as Treasury secretary .
She figures to have a relatively easy time through the nomination process due to her amicable relationship with several lawmakers on the GOP side of the aisle .
Yellen received 56 votes when she was confirmed as Fed chair in 2014 , during Obama ’ s administration .
Just 26 @ @ @ @ @ @ @ may be even more welcome to Republicans given Elizabeth Warren had been rumored to be in the running to head Treasury .
Yellen is more of a centrist pick and is another indicator that Biden will run a centrist , moderate Democratic administration — bad news for the progressive wing of the Democratic Party who have long argued the majority of Americans are on their side .
Yellen became the first woman to chair the Fed , leading the central bank through a turbulent period in the aftermath of the Great Recession .
@ @ @ @ @ @ @ zero to provide incentives to potential homebuyers and restore some stability to the depressed housing market .
The dovish approach has been maintained by her successor Jerome Powell , who has kept interest rates low and occupies a similar philosophy about the relationship between unemployment and inflation .
Historically , goosing the economy by keeping rates low turned off some economists because they said it would cause inflation .
But the modern economy is less susceptible to inflation , a phenomenon some have referred to as the “ Amazon Effect ” because of @ @ @ @ @ @ @ keep consumer prices sticky .
Some thought Trump would keep Yellen due to his predilection for low interest rates , but he declined to nominate her to second four-year term and went with Powell instead .
Powell also adopted Yellen ’ s emphasis on monetary policy that reduced the unemployment rate and consistently received praise from his immediate predecessor .
Earlier in her political career , Yellen chaired the White House Council of Economic Advisors during the Bill Clinton administration .

President-elect Joe Biden is expected to name Janet Yellen, former chair of the U.S. Federal Reserve, as his Treasury secretary, according to multiple reports.
(CN) — President-elect Joe Biden is expected to name Janet Yellen, former chair of the U.S. Federal Reserve, as his Treasury secretary, according to multiple reports.
If named officially and confirmed, Yellen will be the first woman to serve as Treasury secretary. She figures to have a relatively easy time through the nomination process due to her amicable relationship with several lawmakers on the GOP side of the aisle.
Yellen received 56 votes when she was confirmed as Fed chair in 2014, during Obama’s administration. Just 26 senators voting against confirmation.
The news may be even more welcome to Republicans given Elizabeth Warren had been rumored to be in the running to head Treasury.
Yellen is more of a centrist pick and is another indicator that Biden will run a centrist, moderate Democratic administration — bad news for the progressive wing of the Democratic Party who have long argued the majority of Americans are on their side.
Yellen became the first woman to chair the Fed, leading the central bank through a turbulent period in the aftermath of the Great Recession. She insisted on keeping interest rates near zero to provide incentives to potential homebuyers and restore some stability to the depressed housing market. The dovish approach has been maintained by her successor Jerome Powell, who has kept interest rates low and occupies a similar philosophy about the relationship between unemployment and inflation.
Historically, goosing the economy by keeping rates low turned off some economists because they said it would cause inflation. But the modern economy is less susceptible to inflation, a phenomenon some have referred to as the “Amazon Effect” because of the giant e-retailer’s ability to keep consumer prices sticky.
Some thought Trump would keep Yellen due to his predilection for low interest rates, but he declined to nominate her to second four-year term and went with Powell instead.
Powell also adopted Yellen’s emphasis on monetary policy that reduced the unemployment rate and consistently received praise from his immediate predecessor.
Earlier in her political career, Yellen chaired the White House Council of Economic Advisors during the Bill Clinton administration.


courthousenews--2020-11-23--Top Wisconsin Democrats Ask High Court to Toss Lame-Duck Law

MADISON , Wis. ( CN ) — Wisconsin ’ s Democratic governor and attorney general sued the GOP-controlled Legislature in the state ’ s highest court on Monday in an attempt to toss a portion of controversial lame-duck laws passed two years ago reeling in their executive powers .
The lawsuit from Governor Tony Evers , Attorney General Josh Kaul and Department of Administration Secretary Joel Brennan , the latest in a two-year slew of litigation over the lame-duck laws , specifically asks the Wisconsin Supreme Court to toss a portion of Wisconsin Act 369 which requires a legislative budget @ @ @ @ @ @ @ civil actions the attorney general negotiates on the state ’ s behalf .
The plaintiffs argue that the provision impedes important executive branch functions , namely representing the state ’ s interests in court and negotiating settlements , and violates separation of powers laid out in the Wisconsin Constitution .
In particular , they argue the provision is unconstitutional as applied to “ civil enforcement actions brought under statutes that the attorney general is charged with enforcing , such as environmental or consumer protection laws ” and “ civil actions the department prosecutes @ @ @ @ @ @ @ to the administration of the statutory programs they execute.
” Settling lawsuits over consumer and environmental protection and addressing breach-of-contract disputes between state agencies , the governor and attorney general argue , are quintessential executive functions “ in which the legislative branch has no legitimate institutional interest.
” The Democratic executives additionally opine that the provision is unworkable since civil settlement and legislative processes are incompatible , as such settlements sometimes require quick action in court that would be hampered by having to wait on committee approval .
Their petition names the Wisconsin @ @ @ @ @ @ @ Committee on Finance , committee leaders and other top Republican lawmakers as defendants .
The Legislature has strong GOP majorities in both chambers , and the joint finance committee is co-chaired by Republicans , who outnumber Democrats on the committee 11-4 .
Partisan court battles over Wisconsin ’ s lame-duck laws began almost immediately after the laws were passed in late 2018 .
The provisions were enshrined into Wisconsin law after a rushed extraordinary legislative session two weeks after Evers and Kaul bested their Republican incumbent counterparts in midterm elections , which saw @ @ @ @ @ @ @ , but before the Democrats actually took office .
The wide-ranging Wisconsin Acts 369 and 370 reined in the executive powers of the governor and attorney general and gave lawmakers more oversight authority over the executive branch , as well as afforded the body greater leverage to intervene in a variety of executive functions , including settling the state ’ s lawsuits .
Republicans ’ arguments in support of the laws have centered on giving the legislature a co-equal seat at the table in representing state interests , especially when they concern the @ @ @ @ @ @ @ ’ s money is the job of the legislature through enacting laws .
Badger State liberals condemned the lame-duck laws as a cynical power grab by Republicans feeling sour grapes after a blue wave election that included the defeat of two-term Governor Scott Walker and one-term Attorney General Brad Schimel , who now serves as a Waukesha County Circuit Court judge .
A flood of lawsuits followed passage of the laws , but Wisconsin courts have vindicated them at nearly every turn .
Most recently , the state supreme court , itself controlled @ @ @ @ @ @ @ the laws in July in connection with a lawsuit first filed in February 2019 by local unions , including a chapter of the Service Employees International Union , or SEIU .
The SEIU challenged the facial constitutionality of the laws on separation-of-powers grounds .
A Dane County Circuit Court judge blocked most of the laws in March 2019 , but the high court reinstated most of them three months later , and ultimately ruled in July that the laws are legitimate in that they have at least some constitutional applications .
However , @ @ @ @ @ @ @ decision this summer that the justices seemed to punt on most of the provisions affecting the attorney general ’ s authority , leaving the door open for the kind of tailored lawsuit filed Monday asking the court to rule that the settlement provision is unconstitutional in at least two types of cases .
Republican leaders in the Wisconsin Legislature , including those who co-chair the joint finance committee , did not immediately respond to requests for comment on the attorney general and governor ’ s lawsuit Monday .

Wisconsin’s Democratic governor and attorney general sued the GOP-controlled Legislature in the state’s highest court on Monday in an attempt to toss a portion of controversial lame-duck laws passed two years ago reeling in their executive powers.
MADISON, Wis. (CN) — Wisconsin’s Democratic governor and attorney general sued the GOP-controlled Legislature in the state’s highest court on Monday in an attempt to toss a portion of controversial lame-duck laws passed two years ago reeling in their executive powers.
The lawsuit from Governor Tony Evers, Attorney General Josh Kaul and Department of Administration Secretary Joel Brennan, the latest in a two-year slew of litigation over the lame-duck laws, specifically asks the Wisconsin Supreme Court to toss a portion of Wisconsin Act 369 which requires a legislative budget committee to approve most settlements in plaintiff-side civil actions the attorney general negotiates on the state’s behalf.
The plaintiffs argue that the provision impedes important executive branch functions, namely representing the state’s interests in court and negotiating settlements, and violates separation of powers laid out in the Wisconsin Constitution.
In particular, they argue the provision is unconstitutional as applied to “civil enforcement actions brought under statutes that the attorney general is charged with enforcing, such as environmental or consumer protection laws” and “civil actions the department prosecutes on behalf of executive branch agencies relating to the administration of the statutory programs they execute.”
Settling lawsuits over consumer and environmental protection and addressing breach-of-contract disputes between state agencies, the governor and attorney general argue, are quintessential executive functions “in which the legislative branch has no legitimate institutional interest.” The Democratic executives additionally opine that the provision is unworkable since civil settlement and legislative processes are incompatible, as such settlements sometimes require quick action in court that would be hampered by having to wait on committee approval.
Their petition names the Wisconsin Legislature, the legislature’s Joint Committee on Finance, committee leaders and other top Republican lawmakers as defendants. The Legislature has strong GOP majorities in both chambers, and the joint finance committee is co-chaired by Republicans, who outnumber Democrats on the committee 11-4.
Partisan court battles over Wisconsin’s lame-duck laws began almost immediately after the laws were passed in late 2018.
The provisions were enshrined into Wisconsin law after a rushed extraordinary legislative session two weeks after Evers and Kaul bested their Republican incumbent counterparts in midterm elections, which saw Badger State liberals take every statewide office, but before the Democrats actually took office.
The wide-ranging Wisconsin Acts 369 and 370 reined in the executive powers of the governor and attorney general and gave lawmakers more oversight authority over the executive branch, as well as afforded the body greater leverage to intervene in a variety of executive functions, including settling the state’s lawsuits.
Republicans’ arguments in support of the laws have centered on giving the legislature a co-equal seat at the table in representing state interests, especially when they concern the legislative purse, since spending the state’s money is the job of the legislature through enacting laws.
Badger State liberals condemned the lame-duck laws as a cynical power grab by Republicans feeling sour grapes after a blue wave election that included the defeat of two-term Governor Scott Walker and one-term Attorney General Brad Schimel, who now serves as a Waukesha County Circuit Court judge.
A flood of lawsuits followed passage of the laws, but Wisconsin courts have vindicated them at nearly every turn. Most recently, the state supreme court, itself controlled by conservatives 4-3, upheld most of the laws in July in connection with a lawsuit first filed in February 2019 by local unions, including a chapter of the Service Employees International Union, or SEIU.
The SEIU challenged the facial constitutionality of the laws on separation-of-powers grounds. A Dane County Circuit Court judge blocked most of the laws in March 2019, but the high court reinstated most of them three months later, and ultimately ruled in July that the laws are legitimate in that they have at least some constitutional applications.
However, Kaul noted at the time of that decision this summer that the justices seemed to punt on most of the provisions affecting the attorney general’s authority, leaving the door open for the kind of tailored lawsuit filed Monday asking the court to rule that the settlement provision is unconstitutional in at least two types of cases.
Republican leaders in the Wisconsin Legislature, including those who co-chair the joint finance committee, did not immediately respond to requests for comment on the attorney general and governor’s lawsuit Monday.