courthousenews--2020-07-09--California Sees Sobering One-Day Records for Covid Deaths, Infections

SACRAMENTO , Calif. ( CN ) — Emphasizing the ruthless impact the coronavirus continues to have on California families , Governor Gavin Newsom on Thursday announced a single-day record of 149 Covid-19 deaths .
The toll surpasses a previous high of 132 recorded in May and comes one day after the state reported a grim daily record of nearly 11,700 new infections .
Newsom lamented the unpredictability of the daily death toll — which was as low as six last Sunday — and cautioned Thursday ’ s figure could be buoyed by late reporting at the county level .
California @ @ @ @ @ @ @ sits at 73 deaths .
So far , the state has seen 6,711 Covid-related deaths .
“ I think it ’ s really more responsible for all of us to share the seven-day average , ” Newsom told reporters .
“ California ’ s numbers…are testament to that point of how deadly and devastating this disease continues to be.
” LA County remains the epicenter of California ’ s outbreak , but many smaller counties that were largely spared during the pandemic ’ s early stages are sounding the alarm .
Rural locations @ @ @ @ @ @ @ , Tulare and Yolo counties have landed on the state ’ s coronavirus watchlist .
“ As of today , ‘ Yolo County has 0 % of staffed ICU beds available , ’ ” tweeted Christopher Cabaldon , mayor of West Sacramento .
“ This is not a drill.
” Following a busy holiday weekend in which thousands of tourists flocked to the Lake Tahoe region , local officials warned the rate of infections per 100,000 people has spiked above the state ’ s acceptable target .
“ Unfortunately , countywide numbers are @ @ @ @ @ @ @ we may find ourselves being directed by the state to roll back activities throughout the county , ” El Dorado County Public Health Officer Dr. Nancy Williams said in a statement .
The 26 counties currently on the list must undergo advanced monitoring and develop strategies with the California Department of Public Health , and if they remain for three consecutive days they are required to shut down bars and indoor dining .
Counties land on the list based on a variety of indicators , chiefly a spike in transmissions and dwindling hospital @ @ @ @ @ @ @ is paying particular focus to the situation in Los Angeles , Tulare , Imperial , and Kings counties where infections and hospitalizations are on the rise .
Health officials in LA County said Angelenos are in a “ troubling time ” and warned new stay-at-home orders could be implemented if infections and hospitalizations don ’ t level off soon .
Over 2,000 people in LA County were hospitalized as of Thursday due to the novel coronavirus , up by some 600 to 700 from a month ago .
The region also saw 1,700 @ @ @ @ @ @ @ in the last 24 hours .
Infections have steadily ticked up in the last two weeks according to Public Health director Barbara Ferrer .
The county ’ s death toll stands at over 3,600 and more than 124,700 positive cases have been recorded by health officials .
In recent weeks , the rate of infections in younger people ages 18 to 40 has seen a dramatic jump .
“ Nothing can be off the table in the pandemic .
There ’ s just too much unknown , ” said Ferrer of a possible @ @ @ @ @ @ @ of things that could happen that could put us in much worse shape .
Including some serious mutations of this virus that would make it more dangerous .
I would never be the person to say absolutely , out of the question we could never go back to safer-at-home.
” While 93 % of the Angelenos who have died had underlying health conditions , the remaining 7 % were healthy — including young people who may have thought they would not encounter the deadly virus , said Ferrer .
“ We have to @ @ @ @ @ @ @ that can not happen is we can not overwhelm our healthcare system , ” said Ferrer .
“ That has devastating consequences .
Not just people with Covid-19 but for everyone else who needs care .
That ’ s the point we can ’ t get to .
And we ’ re not there.
” Back in Sacramento County , Newsom began his wide-ranging press conference from McClellan Air Force Base by highlighting the state ’ s wildfire prevention efforts .
Flanked by a new Black Hawk helicopter , Newsom said crews were @ @ @ @ @ @ @ ’ s off to a fast start in the Golden State .
More than 4,100 fires have already sparked statewide , a significant increase from the average of around 2,500 for this time of the year .
Newsom credited firefighters with keeping the fires relatively under control and said the average size has been 6.6 acres .
He added the pandemic has reduced the amount of available inmate fire crews and as a result the state is in the process of boosting the depth of its Conservation Corps .
Evacuations caused by wildfires @ @ @ @ @ @ @ year due to the pandemic , as counties are being directed to do things like perform temperature checks , issue boxed meals and attempt to keep evacuees physically distanced when possible .
Newsom continues to face heavy backlash due to the ongoing outbreak of Covid-19 cases within the state ’ s correctional system , most specifically San Quentin , the 168-year-old prison in Marin County north of San Francisco which also houses the state ’ s death row .
Newsom reiterated corrections officials are scrambling to “ decompress ” San Quentin ’ s @ @ @ @ @ @ @ notion of a quick fix .
More than 620 inmates at the prison have tested positive for the virus in the last two weeks .
“ When people say ‘ Release thousands and thousands of people , ’ I hope they ’ re being thoughtful and considerate of not only the victims , but the prospects of people re-offending , ” Newsom said .
According to state data , over 5,700 cases have been confirmed in the prison system in addition to the over 1,100 workers who have contracted the virus .
As @ @ @ @ @ @ @ after testing positive , including seven in San Quentin .
San Quentin ’ s outbreak has been attributed to a May transfer of inmates from the California Institution for Men in Chino , a move Newsom has sharply criticized .
“ That decision the chain of events that we ’ re now addressing and dealing with , ” he said .
“ I ’ m not here to sugarcoat that , I ’ m not here to scapegoat that , all of us are now accountable to addressing this issue.
” After an @ @ @ @ @ @ @ stretched into May , the pandemic has halted operations at the state capitol in Sacramento again , after two lawmakers tested positive for the virus this week .
Assemblymembers Autumn Burke , D-Marina Del Ray , and Tom Lackey , R-Palmdale , announced they have been diagnosed with Covid-19 .
Lackey ’ s chief of staff says the assemblyman has been hospitalized since Sunday in Palmdale , located in northern LA County .
In response , the leaders of the state Assembly and Senate on Thursday extended the current summer recess by two @ @ @ @ @ @ @ “ spread of infection to the fullest extent possible .
”

Emphasizing the ruthless impact the coronavirus continues to have on California families, Governor Gavin Newsom on Thursday announced a single-day record of 149 Covid-19 deaths.
SACRAMENTO, Calif. (CN) — Emphasizing the ruthless impact the coronavirus continues to have on California families, Governor Gavin Newsom on Thursday announced a single-day record of 149 Covid-19 deaths.
The toll surpasses a previous high of 132 recorded in May and comes one day after the state reported a grim daily record of nearly 11,700 new infections. Newsom lamented the unpredictability of the daily death toll — which was as low as six last Sunday — and cautioned Thursday’s figure could be buoyed by late reporting at the county level.
California’s rolling seven-day average tally now sits at 73 deaths. So far, the state has seen 6,711 Covid-related deaths.
“I think it’s really more responsible for all of us to share the seven-day average,” Newsom told reporters. “California’s numbers…are testament to that point of how deadly and devastating this disease continues to be.”
LA County remains the epicenter of California’s outbreak, but many smaller counties that were largely spared during the pandemic’s early stages are sounding the alarm. Rural locations such as Colusa, Glenn, Kings, Tulare and Yolo counties have landed on the state’s coronavirus watchlist.
“As of today, ‘Yolo County has 0% of staffed ICU beds available,’” tweeted Christopher Cabaldon, mayor of West Sacramento. “This is not a drill.”
Following a busy holiday weekend in which thousands of tourists flocked to the Lake Tahoe region, local officials warned the rate of infections per 100,000 people has spiked above the state’s acceptable target.
“Unfortunately, countywide numbers are trending upward quickly, too, and we may find ourselves being directed by the state to roll back activities throughout the county,” El Dorado County Public Health Officer Dr. Nancy Williams said in a statement.
The 26 counties currently on the list must undergo advanced monitoring and develop strategies with the California Department of Public Health, and if they remain for three consecutive days they are required to shut down bars and indoor dining. Counties land on the list based on a variety of indicators, chiefly a spike in transmissions and dwindling hospital capacity.
Newsom said Thursday the state is paying particular focus to the situation in Los Angeles, Tulare, Imperial, and Kings counties where infections and hospitalizations are on the rise.
Health officials in LA County said Angelenos are in a “troubling time” and warned new stay-at-home orders could be implemented if infections and hospitalizations don’t level off soon.
Over 2,000 people in LA County were hospitalized as of Thursday due to the novel coronavirus, up by some 600 to 700 from a month ago.
The region also saw 1,700 new infections and 50 new deaths reported in the last 24 hours. Infections have steadily ticked up in the last two weeks according to Public Health director Barbara Ferrer.
The county’s death toll stands at over 3,600 and more than 124,700 positive cases have been recorded by health officials. In recent weeks, the rate of infections in younger people ages 18 to 40 has seen a dramatic jump.
“Nothing can be off the table in the pandemic. There’s just too much unknown,” said Ferrer of a possible shutdown. “There’s lots of things that could happen that could put us in much worse shape. Including some serious mutations of this virus that would make it more dangerous. I would never be the person to say absolutely, out of the question we could never go back to safer-at-home.”
While 93% of the Angelenos who have died had underlying health conditions, the remaining 7% were healthy — including young people who may have thought they would not encounter the deadly virus, said Ferrer.
“We have to slow the spread. The one thing that cannot happen is we cannot overwhelm our healthcare system,” said Ferrer. “That has devastating consequences. Not just people with Covid-19 but for everyone else who needs care. That’s the point we can’t get to. And we’re not there.”
Back in Sacramento County, Newsom began his wide-ranging press conference from McClellan Air Force Base by highlighting the state’s wildfire prevention efforts.
Flanked by a new Black Hawk helicopter, Newsom said crews were preparing relentlessly for a wildfire season that’s off to a fast start in the Golden State. More than 4,100 fires have already sparked statewide, a significant increase from the average of around 2,500 for this time of the year.
Newsom credited firefighters with keeping the fires relatively under control and said the average size has been 6.6 acres. He added the pandemic has reduced the amount of available inmate fire crews and as a result the state is in the process of boosting the depth of its Conservation Corps.
Evacuations caused by wildfires will look much different across California this year due to the pandemic, as counties are being directed to do things like perform temperature checks, issue boxed meals and attempt to keep evacuees physically distanced when possible.
Newsom continues to face heavy backlash due to the ongoing outbreak of Covid-19 cases within the state’s correctional system, most specifically San Quentin, the 168-year-old prison in Marin County north of San Francisco which also houses the state’s death row.
Newsom reiterated corrections officials are scrambling to “decompress” San Quentin’s population where possible but scoffed at the notion of a quick fix. More than 620 inmates at the prison have tested positive for the virus in the last two weeks.
“When people say ‘Release thousands and thousands of people,’ I hope they’re being thoughtful and considerate of not only the victims, but the prospects of people re-offending,” Newsom said.
According to state data, over 5,700 cases have been confirmed in the prison system in addition to the over 1,100 workers who have contracted the virus. As of Thursday, 31 inmates have died after testing positive, including seven in San Quentin.
San Quentin’s outbreak has been attributed to a May transfer of inmates from the California Institution for Men in Chino, a move Newsom has sharply criticized.
“That decision the chain of events that we’re now addressing and dealing with,” he said. “I’m not here to sugarcoat that, I’m not here to scapegoat that, all of us are now accountable to addressing this issue.”
After an initial hiatus that began in March and stretched into May, the pandemic has halted operations at the state capitol in Sacramento again, after two lawmakers tested positive for the virus this week.
Assemblymembers Autumn Burke, D-Marina Del Ray, and Tom Lackey, R-Palmdale, announced they have been diagnosed with Covid-19. Lackey’s chief of staff says the assemblyman has been hospitalized since Sunday in Palmdale, located in northern LA County.
In response, the leaders of the state Assembly and Senate on Thursday extended the current summer recess by two weeks to July 27 to prevent the “spread of infection to the fullest extent possible.”


courthousenews--2020-07-09--High Court Adds Four New Cases to Fall Docket

WASHINGTON ( CN ) — After wrapping up its term with a blockbuster pair of opinions on access to President Donald Trump ’ s financial records , the Supreme Court agreed to hear four new cases Thursday , including a dispute involving Facebook over the scope of a federal robocall law .
The end-of-term orders list adds cases to the court ’ s docket when it reconvenes later this year following the court ’ s traditional summer break .
Among the newly granted cases is a challenge brought by Facebook seeking to clarify what types of devices qualify as automatic @ @ @ @ @ @ @ robocalls made to cellphones .
The grant comes days after the Supreme Court struck down an exception to the general robocall ban that allowed for calls made to collect government debts .
The appeal comes to the high court as part of a class action lawsuit brought against Facebook claiming the social media giant violated the Telephone Consumer Protection Act through text messages meant to warn a user that someone accessed their profile from an unfamiliar browser or device .
A federal judge dismissed the case after finding Facebook did not use an @ @ @ @ @ @ @ the Ninth Circuit reversed based in part on a previous case that held auto-dialers include any device that has the ability to automatically dial stored phone numbers .
In a move similar to what the high court did earlier this week , the Ninth Circuit also found the government debts exception unconstitutional , but severed it from the rest of the TCPA .
Facebook sought to have the Supreme Court review both that decision and the Ninth Circuit ’ s interpretation of what devices qualify as auto-dialers .
Having recently ruled on the @ @ @ @ @ @ @ agreed to decide the auto-dialer question .
In its petition asking the court to take up the case , Facebook said the Ninth Circuit ’ s interpretation of an auto-dialer is so broad that it would include virtually any smartphone .
“ The statutory question has enormous practical consequences , as Americans deserve to know whether they have been inadvertently toting [ auto-dialers ] around in their pockets and purses and risking $ 1,500-a-call fines , ” Facebook ’ s petition states .
The class disagrees with Facebook ’ s characterization of the @ @ @ @ @ @ @ it comports with how modern robocalls are made .
Facebook ’ s interpretation , the class argues , would limit the reach of the TCPA to only “ obsolete technologies.
” “ Facebook ’ s reading of the statute would negate Congress ’ handiwork and open the floodgates to permit all but a few of the robocalls targeted by the TCPA and the new legislation enacted to strengthen it , ” the plaintiffs ’ brief states .
Sergei Lemberg , a Connecticut attorney who represents the class suing Facebook , said he believes @ @ @ @ @ @ @ in the earlier robocalls case will “ carry forward.
” “ In a nutshell , Facebook seeks to use its robotexting technology to send out millions of text messages to consumers , whether they consented to them or not , ” Lemberg said in a statement .
“ We don ’ t think the Supreme Court will bless that reading of the statute.
” The court also agreed to take up a challenge to the structure of the Federal Housing Finance Agency , an independent agency that oversees Fannie Mae , Freddie Mac @ @ @ @ @ @ @ the federal housing finance system .
Unlike most other federal independent agencies , which have multiple members , the FHFA is led by a single director who can only be fired for cause .
The structure is similar to that of the Consumer Financial Protection Bureau , which the court found unconstitutional last month .
A group of shareholders in Fannie Mae and Freddie Mac filed suit after the FHFA required the companies to transfer their net worth to the Treasury Department under a 2008 agreement on how the companies would reimburse the @ @ @ @ @ @ @ the housing crisis .
The Fifth Circuit held the agency ’ s structure unconstitutional , but declined to disturb the rule the shareholders challenged .
In their brief urging the high court to take up the case , the shareholders say the structure of the FHFA improperly insulates a highly important and powerful regulatory agency from the political process , including by saddling presidents with directors of the opposite party .
“ Whether this arrangement offends the separation of powers — and who ultimately sets housing finance policy for the executive branch — @ @ @ @ @ @ @ the shareholders ’ brief states .
David Thompson , an attorney with the firm Cooper & Kirk representing the shareholders , praised the court for taking up the case .
“ We are delighted that the United States Supreme Court has taken up this important issue , ” Thompson said in a statement .
“ We have always been confident that the judiciary would not allow the nationalization of Fannie Mae and Freddie Mac to stand.
” The court also agreed to review a challenge to a Georgia Gwinnett College ’ s use @ @ @ @ @ @ @ a circuit split over whether the Federal Trade Commission can seek monetary relief like restitution in unfair competition and deceptive trade practices cases .

After wrapping up its term with a blockbuster pair of opinions on access to President Donald Trump’s financial records, the Supreme Court agreed Thursday to hear four new cases, including a dispute involving Facebook over the scope of a federal robocall law.
WASHINGTON (CN) — After wrapping up its term with a blockbuster pair of opinions on access to President Donald Trump’s financial records, the Supreme Court agreed Thursday to hear four new cases, including a dispute involving Facebook over the scope of a federal robocall law.
The end-of-term orders list adds cases to the court’s docket when it reconvenes later this year following the court’s traditional summer break.
Among the newly granted cases is a challenge brought by Facebook seeking to clarify what types of devices qualify as automatic dialers under a federal law that prohibits robocalls made to cellphones. The grant comes days after the Supreme Court struck down an exception to the general robocall ban that allowed for calls made to collect government debts.
The appeal comes to the high court as part of a class action lawsuit brought against Facebook claiming the social media giant violated the Telephone Consumer Protection Act through text messages meant to warn a user that someone accessed their profile from an unfamiliar browser or device.
A federal judge dismissed the case after finding Facebook did not use an auto-dialer to send the notifications, but the Ninth Circuit reversed based in part on a previous case that held auto-dialers include any device that has the ability to automatically dial stored phone numbers. In a move similar to what the high court did earlier this week, the Ninth Circuit also found the government debts exception unconstitutional, but severed it from the rest of the TCPA.
Facebook sought to have the Supreme Court review both that decision and the Ninth Circuit’s interpretation of what devices qualify as auto-dialers. Having recently ruled on the government debts exception, the justices only agreed to decide the auto-dialer question.
In its petition asking the court to take up the case, Facebook said the Ninth Circuit’s interpretation of an auto-dialer is so broad that it would include virtually any smartphone.
“The statutory question has enormous practical consequences, as Americans deserve to know whether they have been inadvertently toting [auto-dialers] around in their pockets and purses and risking $1,500-a-call fines,” Facebook’s petition states.
The class disagrees with Facebook’s characterization of the Ninth Circuit’s ruling, saying it comports with how modern robocalls are made. Facebook’s interpretation, the class argues, would limit the reach of the TCPA to only “obsolete technologies.”
“Facebook’s reading of the statute would negate Congress’ handiwork and open the floodgates to permit all but a few of the robocalls targeted by the TCPA and the new legislation enacted to strengthen it,” the plaintiffs’ brief states.
Sergei Lemberg, a Connecticut attorney who represents the class suing Facebook, said he believes the “spirit” of the decision in the earlier robocalls case will “carry forward.”
“In a nutshell, Facebook seeks to use its robotexting technology to send out millions of text messages to consumers, whether they consented to them or not,” Lemberg said in a statement. “We don’t think the Supreme Court will bless that reading of the statute.”
The court also agreed to take up a challenge to the structure of the Federal Housing Finance Agency, an independent agency that oversees Fannie Mae, Freddie Mac and other institutions that are part of the federal housing finance system.
Unlike most other federal independent agencies, which have multiple members, the FHFA is led by a single director who can only be fired for cause. The structure is similar to that of the Consumer Financial Protection Bureau, which the court found unconstitutional last month.
A group of shareholders in Fannie Mae and Freddie Mac filed suit after the FHFA required the companies to transfer their net worth to the Treasury Department under a 2008 agreement on how the companies would reimburse the agency for billions given to them during the housing crisis.
The Fifth Circuit held the agency’s structure unconstitutional, but declined to disturb the rule the shareholders challenged.
In their brief urging the high court to take up the case, the shareholders say the structure of the FHFA improperly insulates a highly important and powerful regulatory agency from the political process, including by saddling presidents with directors of the opposite party.
“Whether this arrangement offends the separation of powers — and who ultimately sets housing finance policy for the executive branch — is an enormously important question,” the shareholders’ brief states.
David Thompson, an attorney with the firm Cooper & Kirk representing the shareholders, praised the court for taking up the case.
“We are delighted that the United States Supreme Court has taken up this important issue,” Thompson said in a statement. “We have always been confident that the judiciary would not allow the nationalization of Fannie Mae and Freddie Mac to stand.”
The court also agreed to review a challenge to a Georgia Gwinnett College’s use of a free speech zone and resolve a circuit split over whether the Federal Trade Commission can seek monetary relief like restitution in unfair competition and deceptive trade practices cases.


courthousenews--2020-07-09--Russian Bounties on US Troops Take Center Stage in House

WASHINGTON ( CN ) — House lawmakers on Thursday turned up the heat on the White House to stand firm and rebuke Russia by publicly addressing intelligence reports that the Kremlin placed bounties on the heads of U.S. and allied troops in Afghanistan .
The New York Times was the first to publish the startling allegations last month in a report citing anonymous intelligence officials who said the bounty scheme was included in an intelligence brief provided to President Donald Trump in February .
Trump denies being briefed on the matter and the White House has circled the wagons , @ @ @ @ @ @ @ throated denials that the information ever found its way into the president ’ s daily briefings .
Widespread reports citing various anonymous intelligence officials say Trump did in fact learn of the plot in February .
And NBC News , just hours before a House panel met to discuss the allegations with former defense and intelligence officials , reported that Russia ’ s alleged plan to pay the Taliban to kill U.S. soldiers was given “ moderate confidence ” by CIA insiders .
That confidence ranking would mean that while the information may @ @ @ @ @ @ @ of U.S. troops being targeted was at least plausible .
“ If analysts believed with any level of confidence that the Russians were providing bounties , that judgment would be provided in the presidential daily briefing , ” Michael Morrell , former acting and deputy CIA director under President George W. Bush , testified to the House Foreign Affairs Committee on Thursday .
Morrell said he briefed Bush daily and explained the process in detail : Intelligence is provided each morning to the president and questions that need answers right away are addressed @ @ @ @ @ @ @ rewards are being offered for the targeted killing of American troops by a historically aggressive world power would almost certainly be among the top priorities , he said .
Even if there was a dispute or disagreement by intelligence agencies involved in compiling the information , Morrell said multiple opportunities for “ extraordinarily rigorous ” review would be had before the briefing .
“ And if the bounty scheme was in the presidential daily briefing , it means at least one agency , one important agency , believed the information to be true @ @ @ @ @ @ @ he said .
The suggestion that the presidential briefer failed to bring the findings to Trump ’ s attention because it did not “ rise to the occasion , ” as the president recently suggested , would also mean the chain of command broke down elsewhere , according to Morrell .
If the briefer knows , so too does the director of national intelligence or the director of the CIA .
Typically , they , the vice president or the White House chief of staff are present during these intelligence briefings .
Morrell @ @ @ @ @ @ @ if information was not in the book , an oral warning could have been issued .
“ Anyone is capable of saying , ‘ Mr .
President , in addition to what is in your book , you need to hear this or that , ’ ” Morrell said .
Representative Joaquin Castro , a Texas Democrat serving as the committee ’ s vice chair , doubted the administration ’ s claims .
The committee invited Secretary of State Mike Pompeo to testify but he refused , Castro noted .
The State Department @ @ @ @ @ @ @ comment .
The president has yet to slap more sanctions on Russia or publicly denounce the alleged bounties .
Trump has called it “ a hoax ” and suggested Russia be readmitted to the Group of 7 even though President Vladimir Putin is a pariah among member countries for his annexation of Crimea in 2014 .
“ It ’ s almost as if the president is trying to make Russia great again , ” Castro remarked .
Republicans on the committee , like ranking member Michael McCaul of Texas , expressed skepticism , @ @ @ @ @ @ @ of the widespread reports of the bounties .
But McCaul agreed with Castro that Putin can ’ t be trusted .
“ If true , it would be an unacceptable escalation and if true , the administration must take swift action to hold the Putin regime accountable and that includes not inviting Russia to rejoin the G7 , ” McCaul said .
Other panelists like retired General John Nicholson , the onetime Army commander of the U.S.
Forces ’ Afghanistan and NATO Resolute Support Mission , agreed .
Russia ’ s long history @ @ @ @ @ @ @ history of arming the Taliban should keep the Kremlin under a healthy amount of suspicion , he said .
Nicholson too said that even if the intelligence on the bounties was “ raw ” and unverified , “ vigorous dialogue ” would occur , “ perceptions compared ” and “ blanks filled in ” across all levels of the intelligence community and among commanders actively in the field .
“ If there is a threat , you would see commanders take immediate steps to protect servicemembers , ” he said while pointing a @ @ @ @ @ @ @ go right to the top .
Celeste Wallander , former special assistant to President Barack Obama and senior director on Russia and Eurasia for the National Security Council , also called on Trump to rebuke Russia for the allegations and address it head on .
Existing sanctions on Russia are not enough , Wallander said .
Tougher sanctions , including security-based sanctions and ways to stop the sale of any weapons that support Russia ’ s defense capabilities abroad , are vital .
At the very least , she said , a coherent @ @ @ @ @ @ @ by the White House to preserve integrity and troop safety .
Ian Brzezinski , former deputy assistant secretary of defense for Europe and NATO policy , called for a significantly more aggressive U.S. posture toward Russia and pointed out that whether lawmakers or the public believe the veracity of the alleged reports , everyone should consider the context of the moment that brought the former officials together Thursday .
“ The fact that we are even considering that this report is plausible is a sign that we have to recalibrate our position toward @ @ @ @ @ @

House lawmakers on Thursday turned up the heat on the White House to stand firm and rebuke Russia by publicly addressing intelligence reports that the Kremlin placed bounties on the heads of U.S. and allied troops in Afghanistan.
WASHINGTON (CN) — House lawmakers on Thursday turned up the heat on the White House to stand firm and rebuke Russia by publicly addressing intelligence reports that the Kremlin placed bounties on the heads of U.S. and allied troops in Afghanistan.
The New York Times was the first to publish the startling allegations last month in a report citing anonymous intelligence officials who said the bounty scheme was included in an intelligence brief provided to President Donald Trump in February.
Trump denies being briefed on the matter and the White House has circled the wagons, with Press Secretary Kayleigh McEnany offering full throated denials that the information ever found its way into the president’s daily briefings.
Widespread reports citing various anonymous intelligence officials say Trump did in fact learn of the plot in February. And NBC News, just hours before a House panel met to discuss the allegations with former defense and intelligence officials, reported that Russia’s alleged plan to pay the Taliban to kill U.S. soldiers was given “moderate confidence” by CIA insiders.
That confidence ranking would mean that while the information may have needed further verification, the threat of U.S. troops being targeted was at least plausible.
“If analysts believed with any level of confidence that the Russians were providing bounties, that judgment would be provided in the presidential daily briefing,” Michael Morrell, former acting and deputy CIA director under President George W. Bush, testified to the House Foreign Affairs Committee on Thursday.
Morrell said he briefed Bush daily and explained the process in detail: Intelligence is provided each morning to the president and questions that need answers right away are addressed before priorities are sorted.
Reports that rewards are being offered for the targeted killing of American troops by a historically aggressive world power would almost certainly be among the top priorities, he said.
Michael Morrell, former acting and deputy director of the CIA under President George W. Bush, told members of the House Foreign Affairs Committee on Thursday, July 9, 2020, that President Trump almost certainly would have received a briefing about a possible bounty being placed on the heads of U.S. troops.
Even if there was a dispute or disagreement by intelligence agencies involved in compiling the information, Morrell said multiple opportunities for “extraordinarily rigorous” review would be had before the briefing.
“And if the bounty scheme was in the presidential daily briefing, it means at least one agency, one important agency, believed the information to be true at some level of confidence,” he said.
The suggestion that the presidential briefer failed to bring the findings to Trump’s attention because it did not “rise to the occasion,” as the president recently suggested, would also mean the chain of command broke down elsewhere, according to Morrell.
If the briefer knows, so too does the director of national intelligence or the director of the CIA. Typically, they, the vice president or the White House chief of staff are present during these intelligence briefings. Morrell emphasized no less than twice Thursday that if information was not in the book, an oral warning could have been issued.
“Anyone is capable of saying, ‘Mr. President, in addition to what is in your book, you need to hear this or that,’” Morrell said.
Representative Joaquin Castro, a Texas Democrat serving as the committee’s vice chair, doubted the administration’s claims. The committee invited Secretary of State Mike Pompeo to testify but he refused, Castro noted.
The State Department did not immediately return a request for comment.
The president has yet to slap more sanctions on Russia or publicly denounce the alleged bounties. Trump has called it “a hoax” and suggested Russia be readmitted to the Group of 7 even though President Vladimir Putin is a pariah among member countries for his annexation of Crimea in 2014.
“It’s almost as if the president is trying to make Russia great again,” Castro remarked.
Republicans on the committee, like ranking member Michael McCaul of Texas, expressed skepticism, albeit cautiously, as to the veracity of the widespread reports of the bounties. But McCaul agreed with Castro that Putin can’t be trusted.
“If true, it would be an unacceptable escalation and if true, the administration must take swift action to hold the Putin regime accountable and that includes not inviting Russia to rejoin the G7,” McCaul said.
Other panelists like retired General John Nicholson, the onetime Army commander of the U.S. Forces’ Afghanistan and NATO Resolute Support Mission, agreed.
Russia’s long history of “adversarial behavior” and its history of arming the Taliban should keep the Kremlin under a healthy amount of suspicion, he said.
Nicholson too said that even if the intelligence on the bounties was “raw” and unverified, “vigorous dialogue” would occur, “perceptions compared” and “blanks filled in” across all levels of the intelligence community and among commanders actively in the field.
“If there is a threat, you would see commanders take immediate steps to protect servicemembers,” he said while pointing a single finger skyward, indicating information would go right to the top.
Celeste Wallander, former special assistant to President Barack Obama and senior director on Russia and Eurasia for the National Security Council, also called on Trump to rebuke Russia for the allegations and address it head on.
Existing sanctions on Russia are not enough, Wallander said. Tougher sanctions, including security-based sanctions and ways to stop the sale of any weapons that support Russia’s defense capabilities abroad, are vital.
At the very least, she said, a coherent “messaging strategy” should be initiated by the White House to preserve integrity and troop safety.
Ian Brzezinski, former deputy assistant secretary of defense for Europe and NATO policy, called for a significantly more aggressive U.S. posture toward Russia and pointed out that whether lawmakers or the public believe the veracity of the alleged reports, everyone should consider the context of the moment that brought the former officials together Thursday.
“The fact that we are even considering that this report is plausible is a sign that we have to recalibrate our position toward Russia,” he said.


courthousenews--2020-07-09--Biden Plays to Working Class in Rollout of Economic Plan

( CN ) — Former vice president and presumptive Democratic presidential nominee Joe Biden made his case to the working class Thursday , delivering a speech from the battleground state of Pennsylvania touting himself as the candidate best positioned to restore America to its past manufacturing glory .
Biden toured a steel plant in northern Pennsylvania with Senator Bob Casey and local officials from the city of Dunmore , outside Scranton .
He then laid out his vision for economic recovery while sharply contrasting that vision with President Donald Trump ’ s .
“ Trump has been singularly focused on @ @ @ @ @ @ @ the Nasdaq at the expense of working families , ” Biden said during his speech .
“ I will work for the middle-class families like the one I came from in Scranton.
” Biden promised to raise tax rates for the top income bracket and use that money to invest in research and development for clean energy technology while returning vital manufacturing to American shores .
“ My plan is to build back better and build for the future , not the past , ” Biden said .
The former vice president also @ @ @ @ @ @ @ job obliteration due to automation and international competition is too pessimistic .
“ I do not accept the defeatist view that the forces of automation and globalization render us helpless to retain well-paid union jobs and create more of them here in America , ” Biden said .
“ I do not buy for one second that the vitality of U.S. manufacturing is a thing of the past.
” The Trump campaign responded to Biden ’ s economic vision by saying he — as Barack Obama ’ s vice president — presided over @ @ @ @ @ @ @ .
“ Biden ’ s policies caused the slowest economic recovery since the Great Depression , anemic job growth , and depressed wages for the workers left.
, ” said Hogan Gidley , press secretary for the Trump campaign .
The Trump campaign also continued its effort to paint Biden as a dangerous socialist who wants to impose huge tax burdens on the middle class .
And the campaign used the moment to try and shore up one of their candidate ’ s few remaining strengths with voters .
Polls indicate voters trust @ @ @ @ @ @ @ greater degree than Biden and the Trump campaign tried to use that sentiment to distinguish their candidate .
“ President Trump built the greatest economy anyone alive has ever known before the unprecedented global pandemic , and he ’ s already doing it again , ” Gidley said .
“ President Trump ’ s policies created more jobs and prosperity for every American in three years than Joe Biden could muster in nearly half a century.
” The Trump camp also accused Biden of being soft on China , selling out working-class people @ @ @ @ @ @ @ Biden said he would stand up to the abuses of the Chinese government , positioning himself to the right of Trump on the issue .
Trump has conjured China as the cause of the coronavirus while also routinely praising Chinese leader Xi Jinping , and has declined to raise human rights issues with the Chinese government despite concentration camps in the country ’ s west and anti-free speech laws passed in Hong Kong .
In his bestselling tell-all , former National Security adviser John Bolton said Trump asked for Xi ’ s assistance @ @ @ @ @ @ @ s concentration on the middle class and working class in the Midwest represents a sharp departure from the 2016 campaign of Hillary Clinton , which focused more on identity issues of diversity and feminism .
A campaign stop among ironworkers in Pennsylvania demonstrates the Biden campaign ’ s commitment to those workers who may have fled the Democrats for Trump in 2016 , but may be hankering for a return after Trump ’ s divisive turn as president .
McGregor Industries , where Biden spoke , was founded in Scranton in 1919 amid @ @ @ @ @ @ @ industries in northern Pennsylvania .
The company is more of a craft manufacturer than a large-scale producer , as it makes small metal parts for metal artists those who craft items like staircases , railings and other steel items not necessary for foundational construction .
Biden noted his father is from Dunmore .

Former vice president and presumptive Democratic presidential nominee Joe Biden made his case to the working class Thursday, delivering a speech from the battleground state of Pennsylvania touting himself as the candidate best positioned to restore America to its past manufacturing glory.
(CN) — Former vice president and presumptive Democratic presidential nominee Joe Biden made his case to the working class Thursday, delivering a speech from the battleground state of Pennsylvania touting himself as the candidate best positioned to restore America to its past manufacturing glory.
Biden toured a steel plant in northern Pennsylvania with Senator Bob Casey and local officials from the city of Dunmore, outside Scranton. He then laid out his vision for economic recovery while sharply contrasting that vision with President Donald Trump’s.
“Trump has been singularly focused on the stock market, the Dow and the Nasdaq at the expense of working families,” Biden said during his speech. “I will work for the middle-class families like the one I came from in Scranton.”
Biden promised to raise tax rates for the top income bracket and use that money to invest in research and development for clean energy technology while returning vital manufacturing to American shores.
“My plan is to build back better and build for the future, not the past,” Biden said.
The former vice president also said projections of a future of mass job obliteration due to automation and international competition is too pessimistic.
“I do not accept the defeatist view that the forces of automation and globalization render us helpless to retain well-paid union jobs and create more of them here in America,” Biden said. “I do not buy for one second that the vitality of U.S. manufacturing is a thing of the past.”
The Trump campaign responded to Biden’s economic vision by saying he — as Barack Obama’s vice president — presided over a slow recovery after the Great Recession.
“Biden’s policies caused the slowest economic recovery since the Great Depression, anemic job growth, and depressed wages for the workers left.,” said Hogan Gidley, press secretary for the Trump campaign.
The Trump campaign also continued its effort to paint Biden as a dangerous socialist who wants to impose huge tax burdens on the middle class. And the campaign used the moment to try and shore up one of their candidate’s few remaining strengths with voters.
Polls indicate voters trust Trump to handle the economy to a greater degree than Biden and the Trump campaign tried to use that sentiment to distinguish their candidate.
“President Trump built the greatest economy anyone alive has ever known before the unprecedented global pandemic, and he’s already doing it again,” Gidley said. “President Trump’s policies created more jobs and prosperity for every American in three years than Joe Biden could muster in nearly half a century.”
The Trump camp also accused Biden of being soft on China, selling out working-class people by allowing companies to export jobs.
Biden said he would stand up to the abuses of the Chinese government, positioning himself to the right of Trump on the issue.
Trump has conjured China as the cause of the coronavirus while also routinely praising Chinese leader Xi Jinping, and has declined to raise human rights issues with the Chinese government despite concentration camps in the country’s west and anti-free speech laws passed in Hong Kong.
In his bestselling tell-all, former National Security adviser John Bolton said Trump asked for Xi’s assistance in his re-election efforts.
Biden’s concentration on the middle class and working class in the Midwest represents a sharp departure from the 2016 campaign of Hillary Clinton, which focused more on identity issues of diversity and feminism.
A campaign stop among ironworkers in Pennsylvania demonstrates the Biden campaign’s commitment to those workers who may have fled the Democrats for Trump in 2016, but may be hankering for a return after Trump’s divisive turn as president.
McGregor Industries, where Biden spoke, was founded in Scranton in 1919 amid the boom in the steel and coal industries in northern Pennsylvania. The company is more of a craft manufacturer than a large-scale producer, as it makes small metal parts for metal artists those who craft items like staircases, railings and other steel items not necessary for foundational construction.
Biden noted his father is from Dunmore.


courthousenews--2020-07-09--CDC Director Says Guidelines for Reopening Schools Won’t Change

The CDC is recommending schools have students and teachers wear masks whenever possible , spread desks 6 feet apart , stagger schedules , eat meals in classrooms instead of the cafeteria and add physical barriers between bathroom sinks .
( CN ) — Despite pressure from President Donald Trump , the head of the Centers for Disease Control and Prevention said Thursday the agency will not loosen school reopening guidelines .
As the school year rapidly approaches , state and local officials are weighing options intended to keep students , staff and families safe while maintaining effective educational programs during @ @ @ @ @ @ @ does not have explicit authority over what states and individual districts choose to do , he has been publicly ramping up the pressure on officials to reopen schools this fall .
Trump , with the backing of Education Secretary Betsy DeVos , threatened to withhold federal funds from those districts that opt for remote learning instead of fully , physically reopening .
“ In Germany , Denmark , Norway , Sweden and many other countries , SCHOOLS ARE OPEN WITH NO PROBLEMS .
The Dems think it would be bad for them politically @ @ @ @ @ @ @ Election , but is important for the children & families .
May cut off funding if not open !
” Trump tweeted Wednesday .
He also tweeted that he disagrees with the CDC “ on their very tough & expensive guidelines for opening schools .
While they want them open , they are asking schools to do very impractical things .
I will be meeting with them !
!
!
” Later on Wednesday , Vice President Mike Pence said new CDC guidelines for school reopenings would be released next week .
“ @ @ @ @ @ @ @ next round of state support , we ’ re going to be looking for ways to give states a strong incentive and encouragement to get kids back to school , ” Pence said .
But CDC Director Robert Redfield pushed back on Thursday during an interview with ABC ’ s “ Good Morning America , ” saying the guidelines will not be changed and that they are only guidelines , not requirements .
Redfield said additional reference documents will be provided by his agency .
“ It ’ s not a revision of @ @ @ @ @ @ @ to provide additional information to help schools be able to use the guidance that we put forward , ” he said .
The CDC is recommending schools have students and teachers wear masks whenever possible , spread desks 6 feet apart , stagger schedules , eat meals in classrooms instead of the cafeteria and add physical barriers between bathroom sinks .
The agency said it is working with schools on an individual level to determine the best measures in each circumstance .
In New York City , for example , Mayor Bill de @ @ @ @ @ @ @ ’ s 1.1 million public school students will not return to their classrooms full-time in September .
States nationwide are cranking out contingency plans , with some including this “ blended learning ” model that balances in-person and online instruction .
In North Carolina , districts are forming committees of educators to develop different plans for the school year as they await instructions from Governor Roy Cooper .
Redfield the CDC will be issuing additional guidelines next week on face coverings and symptom screenings for schools .
These recommendations will appear in “ @ @ @ @ @ @ @ are trying to reopen K through 12 , ” he told ABC ’ s George Stephanopoulos on Thursday .
At the same coronavirus task force briefing where Pence made his statements on Wednesday , Redfield said , “ I want to make it very clear that what is not the intent of CDC ’ s guidelines is to be used as a rationale to keep schools closed .
”

Despite pressure from President Donald Trump, the head of the Centers for Disease Control and Prevention said Thursday the agency will not loosen school reopening guidelines.
(CN) — Despite pressure from President Donald Trump, the head of the Centers for Disease Control and Prevention said Thursday the agency will not loosen school reopening guidelines.
As the school year rapidly approaches, state and local officials are weighing options intended to keep students, staff and families safe while maintaining effective educational programs during the coronavirus pandemic.
Though the president does not have explicit authority over what states and individual districts choose to do, he has been publicly ramping up the pressure on officials to reopen schools this fall.
Trump, with the backing of Education Secretary Betsy DeVos, threatened to withhold federal funds from those districts that opt for remote learning instead of fully, physically reopening.
"In Germany, Denmark, Norway, Sweden and many other countries, SCHOOLS ARE OPEN WITH NO PROBLEMS. The Dems think it would be bad for them politically if U.S. schools open before the November Election, but is important for the children & families. May cut off funding if not open!" Trump tweeted Wednesday.
He also tweeted that he disagrees with the CDC “on their very tough & expensive guidelines for opening schools. While they want them open, they are asking schools to do very impractical things. I will be meeting with them!!!”
Later on Wednesday, Vice President Mike Pence said new CDC guidelines for school reopenings would be released next week.
“As we work with Congress on the next round of state support, we're going to be looking for ways to give states a strong incentive and encouragement to get kids back to school,” Pence said.
But CDC Director Robert Redfield pushed back on Thursday during an interview with ABC’s “Good Morning America,” saying the guidelines will not be changed and that they are only guidelines, not requirements.
Redfield said additional reference documents will be provided by his agency.
"It's not a revision of the guidelines, it's just to provide additional information to help schools be able to use the guidance that we put forward,” he said.
The CDC is recommending schools have students and teachers wear masks whenever possible, spread desks 6 feet apart, stagger schedules, eat meals in classrooms instead of the cafeteria and add physical barriers between bathroom sinks.
The agency said it is working with schools on an individual level to determine the best measures in each circumstance.
In New York City, for example, Mayor Bill de Blasio announced on Wednesday that the city’s 1.1 million public school students will not return to their classrooms full-time in September.
States nationwide are cranking out contingency plans, with some including this “blended learning” model that balances in-person and online instruction.
In North Carolina, districts are forming committees of educators to develop different plans for the school year as they await instructions from Governor Roy Cooper.
Redfield the CDC will be issuing additional guidelines next week on face coverings and symptom screenings for schools.
These recommendations will appear in “additional reference documents to aid communities that are trying to reopen K through 12,” he told ABC’s George Stephanopoulos on Thursday.
At the same coronavirus task force briefing where Pence made his statements on Wednesday, Redfield said, "I want to make it very clear that what is not the intent of CDC's guidelines is to be used as a rationale to keep schools closed."


A National Disgrace

Pardon me , my fellow Americans , but are we really no better than this ?
Starting the tenth inning of Major League Baseball games with an unearned man on second base ?
Bet you thought I was going to talk about something else .
Look , I like baseball as much as the next guy — probably less — but I know a travesty when I see it .
The only possible reason the Big Leagues are doing this is to speed up the game , which makes no sense , since they make most of their $ 10 @ @ @ @ @ @ @ and the longer the game lasts , the longer they can push products to us .
Major League Baseball reported $ 10.7 billion in revenue in the 2019 season , up from $ 10.3 billion in 2018 , the 17th annual increase in a row .
And despite this year ’ s planned 60-game season , without fans at the ballparks , I can ’ t see how baseball ’ s ad rates can go anywhere but up — from $ 50,000 per 30-second spot in minor markets to $ 500,000 — $ @ @ @ @ @ @ @ World Series .
Any fan knows that one good thing about baseball is the statistics .
For instance , how can we compare the chemically altered Barry Bonds with the merely nasty Ty Cobb ?
Look at the statistics .
Cobb ’ s lifetime batting average , fueled by tobacco and venom , was .367 .
Number two was Rogers Hornsby , .358 .
Barry Bonds ’ lifetime batting average was .298 , fueled by steroids and godnose what else .
Now let ’ s consider pitchers .
Bob Gibson went 22-9 for @ @ @ @ @ @ @ His earned run average that year was 1.12 — the best in modern baseball history ( modern baseball dating from 1900 . )
Let ’ s consider what a pitcher this year might suffer from the leagues ’ idiotic granting a man second base in every tenth inning , before the inning starts .
Suppose a relief pitcher in August strikes out two batters on six pitches in the tenth , then gets two strikes on the next guy , who hits his ninth pitch as a dribbler into right field , scoring @ @ @ @ @ @ @ s earned run average for that outing would be 13.5 .
If Major League Baseball really gave a damn about its own sport , or anything else , here ’ s what I suggest .
To speed up the game , put pitchers on a pitch clock , with a ball against the pitcher for every violation .
Tell batters to quit going for leisurely strolls between pitches .
Prohibit them from putting more than one foot out of the batter ’ s box .
Penalty : One strike .
And what ’ @ @ @ @ @ @ @ less than $ 8 , and tickets for less than $ 100 for a family of four .
And try selling parking spots for less than $ 20 at a ballpark whose parking lot is larger than many nature preserves .

Pardon me, my fellow Americans, but are we really no better than this? Starting the tenth inning of Major League Baseball games with an unearned man on second base?
Pardon me, my fellow Americans, but are we really no better than this? Starting the tenth inning of Major League Baseball games with an unearned man on second base?
Bet you thought I was going to talk about something else.
Look, I like baseball as much as the next guy — probably less — but I know a travesty when I see it.
The only possible reason the Big Leagues are doing this is to speed up the game, which makes no sense, since they make most of their $10 billion+ annual revenue from TV ads, and the longer the game lasts, the longer they can push products to us.
Major League Baseball reported $10.7 billion in revenue in the 2019 season, up from $10.3 billion in 2018, the 17th annual increase in a row.
And despite this year’s planned 60-game season, without fans at the ballparks, I can’t see how baseball’s ad rates can go anywhere but up — from $50,000 per 30-second spot in minor markets to $500,000 — $1 million a minute — during the World Series.
Any fan knows that one good thing about baseball is the statistics. For instance, how can we compare the chemically altered Barry Bonds with the merely nasty Ty Cobb?
Look at the statistics.
Cobb’s lifetime batting average, fueled by tobacco and venom, was .367. Number two was Rogers Hornsby, .358. Barry Bonds’ lifetime batting average was .298, fueled by steroids and godnose what else.
Now let’s consider pitchers. Bob Gibson went 22-9 for the St. Louis Cardinals in 1968. His earned run average that year was 1.12 — the best in modern baseball history (modern baseball dating from 1900.)
Let’s consider what a pitcher this year might suffer from the leagues’ idiotic granting a man second base in every tenth inning, before the inning starts.
Suppose a relief pitcher in August strikes out two batters on six pitches in the tenth, then gets two strikes on the next guy, who hits his ninth pitch as a dribbler into right field, scoring the automatic batter.
The pitcher’s earned run average for that outing would be 13.5.
Hello, Toledo Mudhens.
If Major League Baseball really gave a damn about its own sport, or anything else, here’s what I suggest.
To speed up the game, put pitchers on a pitch clock, with a ball against the pitcher for every violation.
Tell batters to quit going for leisurely strolls between pitches. Prohibit them from putting more than one foot out of the batter’s box. Penalty: One strike.
And what’s more: Try selling hotdogs for less than $8, and tickets for less than $100 for a family of four.
And try selling parking spots for less than $20 at a ballpark whose parking lot is larger than many nature preserves.
(Courthouse News editor Robert Kahn thanks his contributors for their suggestions, who shall remain anonymous. Even baseball fans today have to protect themselves, and others, from retribution. For the record, Kahn’s favorite baseball player of all time was Vada Pinson, whose 1961 batting average was .343. You could look it up.)


Ballot Placement

DETROIT — A federal court in Michigan denied Joseph Kishore ’ s request to be placed on the ballot as @ @ @ @ @ of the United States , representing the Socialist Equality Party .
Ballot requirements were reduced @ @ @ @ @ the Covid-19 pandemic but Kishore collected none .

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courthousenews--2020-07-10--Fast Food Franchise Giant Accused of Misuse of Relief Funds

( CN ) — Accused of pocketing a million dollars from a coronavirus relief loan , fast food giant Starboard Group ’ s chief executive maintains he has “ clear and complete ” financial records to refute the claims .
The allegations were lodged by Sandi Adler in a lawsuit she filed on the heels of her firing from Starboard Group Management , where she had been working as a human resource specialist .
The lawsuit claims Starboard — which operates more than 100 Wendy ’ s restaurants — fired Adler in retaliation for speaking up against workplace sexual harassment @ @ @ @ @ @ @ of a Paycheck Protection Program loan .
“ Our decision to terminate Ms. Adler ’ s employment was not made in haste or without reason , ” Levy said .
“ Instead , it was a decision that was made with the utmost respect for both her reputation and her financial situation .
Given that , it is unfortunate that she has chosen to make such a wide array of false and hurtful accusations toward this company and its employees.
” A law school graduate and longtime human-resource executive , Adler alleges that @ @ @ @ @ @ @ Starboard ’ s PPP loan to “ personally finance a house he had just purchased in Montana.
” “ Levy directed Adler to place certain personal employees in Montana as corporate employees .
The effect of this , in view of the PPP funding , was to defraud the United States and the Small Business Administration , ” Adler says .
The lawsuit further alleges that in spite of receiving the multimillion-dollar government loan , Starboard Group ordered Adler to tell its vendors and landlords that it was in financial trouble .
The @ @ @ @ @ @ @ the U.S. government to help businesses weather the economic fallout from the coronavirus outbreak .
Permitted uses of PPP loans include covering employee salaries , paying utility bills and making rent and mortgage-interest payments Levy retorted Thursday that Starboard has accounting documents on hand to disprove Adler ’ s narrative .
He maintains that Starboard ’ s “ financial records are clear and complete and will refute any claim of misuse ” of the loan money .
Levy added that Starboard is launching an internal investigation into Adler ’ s claims of sexual @ @ @ @ @ @ @ financial officer .
When reached by phone , Cornell said his client led Starboard ’ s human resource department and “ was in a position to know ” the inner financial workings of the company .
The complaint lists counts for violations of the Florida Private Whistleblower Act .
Also included is an assault count based on claims that Adler was put in “ immediate fear of an unwelcome touch ” by the chief financial officer , who supposedly wanted to sleep with her .
Adler said the boss would tell her about @ @ @ @ @ @ @ pressed [ her ] to go on a vacation … with him to Europe .
”

Accused of pocketing a million dollars from a coronavirus relief loan, fast food giant Starboard Group's chief executive maintains he has "clear and complete" financial records to refute the claims.
(CN) — Accused of pocketing a million dollars from a coronavirus relief loan, fast food giant Starboard Group's chief executive maintains he has "clear and complete" financial records to refute the claims.
The allegations were lodged by Sandi Adler in a lawsuit she filed on the heels of her firing from Starboard Group Management, where she had been working as a human resource specialist.
The lawsuit claims Starboard — which operates more than 100 Wendy's restaurants — fired Adler in retaliation for speaking up against workplace sexual harassment and CEO Andrew Levy's handling of a Paycheck Protection Program loan.
Levy denied Adler's claims in a statement provided to Courthouse News Thursday afternoon.
"Our decision to terminate Ms. Adler’s employment was not made in haste or without reason," Levy said. "Instead, it was a decision that was made with the utmost respect for both her reputation and her financial situation. Given that, it is unfortunate that she has chosen to make such a wide array of false and hurtful accusations toward this company and its employees."
A law school graduate and longtime human-resource executive, Adler alleges that Levy diverted roughly a million dollars of Starboard's PPP loan to "personally finance a house he had just purchased in Montana."
"Levy directed Adler to place certain personal employees in Montana as corporate employees. The effect of this, in view of the PPP funding, was to defraud the United States and the Small Business Administration," Adler says.
The lawsuit further alleges that in spite of receiving the multimillion-dollar government loan, Starboard Group ordered Adler to tell its vendors and landlords that it was in financial trouble.
The Paycheck Protection Program was set up by the U.S. government to help businesses weather the economic fallout from the coronavirus outbreak. Permitted uses of PPP loans include covering employee salaries, paying utility bills and making rent and mortgage-interest payments
Levy retorted Thursday that Starboard has accounting documents on hand to disprove Adler's narrative. He maintains that Starboard's "financial records are clear and complete and will refute any claim of misuse" of the loan money.
Levy added that Starboard is launching an internal investigation into Adler's claims of sexual harassment.
Adler is represented by Weston-based employment law attorney Ware Cornell.
When reached by phone, Cornell said his client led Starboard's human resource department and "was in a position to know" the inner financial workings of the company.
The complaint lists counts for violations of the Florida Private Whistleblower Act. Also included is an assault count based on claims that Adler was put in "immediate fear of an unwelcome touch" by a company manager, who supposedly wanted to sleep with her.
Adler said the boss would tell her about his "sexual conquests" and "pressed [her] to go on a vacation ... with him to Europe."


Election Laws

HOUSTON — A Texas appeals court reversed an order quashing a felony charge of tampering with government records brought against @ @ @ @ @ , finding the state ’ s attorney general is authorized to prosecute violations of election @ @ @ @ @ violations are outside the state ’ s Election Code .
Stephens is also charged with @ @ @ @ @ cash contribution over $ 100 .

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courthousenews--2020-07-10--Arizona Governor Adds Restrictions as Number of Infected Increases

( CN ) — Arizona Governor Doug Ducey on Thursday limited indoor restaurant seating to half of normal capacity , saying the state plans to be “ more prescriptive ” as the economy remains largely open and the virus continues to spread .
He urged residents to wear masks and stay home if possible while announcing a planned increase in testing statewide .
“ We have had a brutal June in Arizona , ” Ducey said , choking up momentarily when he spoke about the 2,038 families who have lost loved ones as of Wednesday .
Arizona has seen a @ @ @ @ @ @ @ since mid-May , when Ducey allowed businesses to reopen largely unrestricted , according to the state Department of Health Services .
The number of positive tests , hospitalizations and intubations have risen .
Nearly 90 % of hospital beds are full – 43 % of them with Covid-19 patients , the state reported .
The governor announced partnerships with the Centers for Disease Control and Prevention and the Federal Emergency Management Agency to “ exponentially ” increase testing .
The testing will start in the Phoenix metropolitan area , where 4.8 million of @ @ @ @ @ @ @ live .
By the end of July , more than 35,000 people will be tested daily with 60,000 by the end of August , Ducey said .
On Tuesday , former Vice-President Joe Biden lashed out in a statement at the Trump administration for not helping Arizona with testing .
People are standing in line for hours in desert heat , and the pleas of local leaders for help went unanswered , Biden said .
“ The crisis in Arizona is the direct result of Donald Trump ’ s failure to lead and @ @ @ @ @ @ @ down , ’ and Americans are suffering the consequences , ” he said .
By Wednesday , 841,000 Arizonans had been tested , more than 14,000 on Tuesday alone , the health department reported .
In recent days , more than 20 % of the tests have come back positive , up from less than 10 % in the days before the economy reopened .
On Tuesday , Covid-19 patients filled 3,437 of the state ’ s 7,956 hospital beds , with 87 % of beds filled overall and 89 % of intensive @ @ @ @ @ @ @ ( 861 ) of the state ’ s 1,497 intensive care beds were filled by patients .
Just 181 ICU beds were available statewide , DHS reported .
Ducey warned that those numbers do not include more than 6,000 emergency “ surge ” beds that can be brought into service quickly if needed .
The governor acknowledged that increased economic activity means increased Covid-19 activity , pointing to a slight flattening of cases in the 10 days since he re-shuttered bars and water parks and banned gatherings of more than 50 people .
@ @ @ @ @ @ @ , though he did not issue a state mandate .
“ They make a difference in slowing the virus , ” he said , adding that almost 90 % of the state ’ s residents are covered by some version of a mask requirement .
Ducey urged Arizonans to binge Netflix or resume their reading habits , to only leave home if they have to .
“ Any excuse you can find to stay home will benefit the state of Arizona and help us get through this , ” he said .

Arizona Governor Doug Ducey on Thursday limited indoor restaurant seating to half of normal capacity, saying the state plans to be “more prescriptive” as the economy remains largely open and the virus continues to spread.
(CN) — Arizona Governor Doug Ducey on Thursday limited indoor restaurant seating to half of normal capacity, saying the state plans to be “more prescriptive” as the economy remains largely open and the virus continues to spread.
He urged residents to wear masks and stay home if possible while announcing a planned increase in testing statewide.
“We have had a brutal June in Arizona,” Ducey said, choking up momentarily when he spoke about the 2,038 families who have lost loved ones as of Wednesday.
Arizona has seen a dramatic increase in virtually every Covid-19 metric since mid-May, when Ducey allowed businesses to reopen largely unrestricted, according to the state Department of Health Services. The number of positive tests, hospitalizations and intubations have risen. Nearly 90% of hospital beds are full – 43% of them with Covid-19 patients, the state reported.
The governor announced partnerships with the Centers for Disease Control and Prevention and the Federal Emergency Management Agency to “exponentially” increase testing. The testing will start in the Phoenix metropolitan area, where 4.8 million of the state’s 7.3 million residents live.
By the end of July, more than 35,000 people will be tested daily with 60,000 by the end of August, Ducey said.
On Tuesday, former Vice-President Joe Biden lashed out in a statement at the Trump administration for not helping Arizona with testing. People are standing in line for hours in desert heat, and the pleas of local leaders for help went unanswered, Biden said.
“The crisis in Arizona is the direct result of Donald Trump's failure to lead and his desire to ‘slow the testing down,’ and Americans are suffering the consequences,” he said.
By Wednesday, 841,000 Arizonans had been tested, more than 14,000 on Tuesday alone, the health department reported. In recent days, more than 20% of the tests have come back positive, up from less than 10% in the days before the economy reopened.
On Tuesday, Covid-19 patients filled 3,437 of the state’s 7,956 hospital beds, with 87% of beds filled overall and 89% of intensive care beds full. More than half (861) of the state’s 1,497 intensive care beds were filled by patients. Just 181 ICU beds were available statewide, DHS reported.
Ducey warned that those numbers do not include more than 6,000 emergency “surge” beds that can be brought into service quickly if needed.
The governor acknowledged that increased economic activity means increased Covid-19 activity, pointing to a slight flattening of cases in the 10 days since he re-shuttered bars and water parks and banned gatherings of more than 50 people. He thanked local governments for mask requirements, though he did not issue a state mandate.
“They make a difference in slowing the virus,” he said, adding that almost 90% of the state’s residents are covered by some version of a mask requirement.
Ducey urged Arizonans to binge Netflix or resume their reading habits, to only leave home if they have to.
“Any excuse you can find to stay home will benefit the state of Arizona and help us get through this,” he said.


Health Care Antitrust

SAN FRANCISCO — The Superior Court of San Francisco County denied Sutter Health ’ s request to delay final approval @ @ @ @ @ settlement in a class action antitrust case .
The health care provider indicated that it @ @ @ @ @ the settlement depending on how future events ” related to the ongoing pandemic unfold .


Meningitis Outbreak

BOSTON — The First Circuit upheld the convictions of the former president of a compounding pharmacy and its supervising pharmacist @ @ @ @ @ meningitis outbreak that killed 64 people .
Their sentences , however , were vacated because @ @ @ @ @ s errors in its justification for not applying certain enhancements .


courthousenews--2020-07-10--Attorneys of Accused Russian Hacker Say He Was Framed

SAN FRANCISCO ( CN ) — In a bid to deflate the government ’ s case against alleged Russian hacker Yevgeniy Nikulin , defense attorney Adam Gasner raised the possibility that Nikulin could have himself been the victim of an intrusion , and that cybercriminals , possibly working under the auspices of the Russian government , stole his identity in order to commit the very crimes of which he is charged .
“ It ’ s not uncommon , is it , for governments like Russia to co-opt known cybercriminals and use them as cyber mercenaries ?
” he asked @ @ @ @ @ @ @ Thursday .
“ I have no firsthand knowledge of that so I couldn ’ t say for certain , ” Miller said , though he conceded that the Justice Department considers Russia a state sponsor of cyber terrorism activities , along with other countries .
Nikulin is accused of breaching company databases and stealing more than 100 million user passwords .
He was arrested in the Czech Republic in 2016 and extradited to the U.S. in 2018 to face nine criminal counts of computer intrusion , causing damage to a protected computer , @ @ @ @ @ @ @ Gasner ventured that Nikulin ’ s account on VK , the Russian equivalent of Facebook , could have been compromised by a hacker working with the Russian Federal Security Services to pilfer his Gmail account credentials and implicate him in the 2012 data breaches at LinkedIn , Dropbox and the shuttered Q & A forum Formspring .
VK sent multiple automated alerts to an email address Miller traced to Nikulin : r00talka @ gmail.com .
They were mostly notifications about messages and comments made by his girlfriend .
Gasner noted that account information @ @ @ @ @ @ @ lack of activity beyond the flow of VK alerts .
“ You don ’ t know from yourself who had access to Mr. Nikulin ’ s VK social media account , ” Gasner said , adding that social media platforms like Facebook are often targeted by hackers .
Though the FBI believes Nikulin is responsible for the hacks , his defense team has pointed to other known Russian cybercriminals in his social circle , including Oleksander Ieremenko , indicted for hacking the U.S. Securities & Exchange Commission , or Evgeniy Bogachev , a @ @ @ @ @ @ @ GameOverZeus malware hack that infected more than 1 million computers .
They ’ ve also steered suspicion toward Alexsey Belan , wanted for hacking Yahoo ’ s network and stealing 500 million user accounts .
Belan is at least one hacker suspected of conspiring with the Russian government to steal user account credentials for commercial gain , according to an announcement by the FBI in 2017 .
Miller said he was not involved in the Belan investigation , but remembered seeing references to Belan ’ s connection to the FSB on his wanted @ @ @ @ @ @ @ not believe Belan was responsible for the LinkedIn , Dropbox or Formspring hacks , though he testified earlier this week about Belan ’ s alleged role in helping connect Nikulin to Nikita Kislitsin , who negotiated the sale of the Formspring database in September 2012 .
Gasner also questioned the reliability of the Russian government ’ s response to Miller ’ s Mutual Legal Assistance Treaty request for information about suspicious activity on LinkedIn ’ s employee VPN logs from five Russian IP addresses .
The response from the Russian government ’ s @ @ @ @ @ @ @ provider National Cable Network revealed one of those addresses as Nikulin ’ s residence in Moscow .
Gasner pointed out that the documents contained no reviewing signature .
“ Wouldn ’ t you want to know who this person was employed by and what their position is ?
” he asked .
“ And we don ’ t know that , ” Gasner said .
“ You ’ re not skeptical of information you receive from the Russian government sir ?
” Gasner asked .
“ Not in response to an MLAT , @ @ @ @ @ @ @ pressed , “ As a member of the American intelligence community , are you testifying that you don ’ t approach any information you receive from the Russian government with any degree of skepticism ?
” “ I trust the information they provide is accurate and if I can prove otherwise through other means , that ’ s a different story , ” Miller said .
Miller also acknowledged that although investigators found evidence that Kislitsin brokered a wire transfer of the $ 7,100 from the stolen Formspring data , he never found @ @ @ @ @ @ @ that money .
“ Did Mr. Nikulin ever receive any financial gain that you were able to track from these breaches ?
” Gasner asked .
Closing arguments are expected Friday , and jurors could start deliberating as early as Friday afternoon .

In a bid to deflate the government’s case against alleged Russian hacker Yevgeniy Nikulin, defense attorney Adam Gasner raised the possibility that Nikulin could have himself been the victim of an intrusion, and that cybercriminals, possibly working under the auspices of the Russian government, stole his identity in order to commit the very crimes of which he is charged.
SAN FRANCISCO (CN) — In a bid to deflate the government’s case against alleged Russian hacker Yevgeniy Nikulin, defense attorney Adam Gasner raised the possibility that Nikulin could have himself been the victim of an intrusion, and that cybercriminals, possibly working under the auspices of the Russian government, stole his identity in order to commit the very crimes of which he is charged.
"It's not uncommon, is it, for governments like Russia to co-opt known cybercriminals and use them as cyber mercenaries?” he asked FBI Special Agent Jeffrey Miller during cross-examination Thursday.
“I have no firsthand knowledge of that so I couldn't say for certain,” Miller said, though he conceded that the Justice Department considers Russia a state sponsor of cyber terrorism activities, along with other countries.
Nikulin is accused of breaching company databases and stealing more than 100 million user passwords. He was arrested in the Czech Republic in 2016 and extradited to the U.S. in 2018 to face nine criminal counts of computer intrusion, causing damage to a protected computer, aggravated identity theft, trafficking and conspiracy
Gasner ventured that Nikulin’s account on VK, the Russian equivalent of Facebook, could have been compromised by a hacker working with the Russian Federal Security Services to pilfer his Gmail account credentials and implicate him in the 2012 data breaches at LinkedIn, Dropbox and the shuttered Q&A forum Formspring.
VK sent multiple automated alerts to an email address Miller traced to Nikulin: [email protected] They were mostly notifications about messages and comments made by his girlfriend.
Gasner noted that account information Miller requested from Google showed a marked lack of activity beyond the flow of VK alerts.
“That's normal,” Miller said.
“You don't know from yourself who had access to Mr. Nikulin's VK social media account,” Gasner said, adding that social media platforms like Facebook are often targeted by hackers.
Though the FBI believes Nikulin is responsible for the hacks, his defense team has pointed to other known Russian cybercriminals in his social circle, including Oleksander Ieremenko, indicted for hacking the U.S. Securities & Exchange Commission, or Evgeniy Bogachev, a hacker wanted by the FBI for the GameOverZeus malware hack that infected more than 1 million computers.
They’ve also steered suspicion toward Alexsey Belan, wanted for hacking Yahoo’s network and stealing 500 million user accounts. Belan is at least one hacker suspected of conspiring with the Russian government to steal user account credentials for commercial gain, according to an announcement by the FBI in 2017.
Miller said he was not involved in the Belan investigation, but remembered seeing references to Belan’s connection to the FSB on his wanted poster.
Miller also said he did not believe Belan was responsible for the LinkedIn, Dropbox or Formspring hacks, though he testified earlier this week about Belan’s alleged role in helping connect Nikulin to Nikita Kislitsin, who negotiated the sale of the Formspring database in September 2012.
Gasner also questioned the reliability of the Russian government’s response to Miller’s Mutual Legal Assistance Treaty request for information about suspicious activity on LinkedIn’s employee VPN logs from five Russian IP addresses. The response from the Russian government’s IP address information from the Russian internet provider National Cable Network revealed one of those addresses as Nikulin’s residence in Moscow.
Gasner pointed out that the documents contained no reviewing signature.
“Wouldn’t you want to know who this person was employed by and what their position is?” he asked.
Miller answered, “Yes.”
"And we don't know that,” Gasner said.
Miller replied, “No.”
“You're not skeptical of information you receive from the Russian government sir?” Gasner asked.
“Not in response to an MLAT, no,” Miller said.
Gasner pressed, “As a member of the American intelligence community, are you testifying that you don't approach any information you receive from the Russian government with any degree of skepticism?”
“I trust the information they provide is accurate and if I can prove otherwise through other means, that's a different story,” Miller said.
Miller also acknowledged that although investigators found evidence that Kislitsin brokered a wire transfer of the $7,100 from the stolen Formspring data, he never found any evidence that Nikulin received any of that money.
“Did Mr. Nikulin ever receive any financial gain that you were able to track from these breaches?” Gasner asked.
“No,” Miller said.
Closing arguments are expected Friday, and jurors could start deliberating as early as Friday afternoon.


courthousenews--2020-07-10--Legal Experts Weigh in on Supreme Court’s Trump Rulings

WASHINGTON ( CN ) — The Supreme Court ruled in two cases related to revealing President Donald Trump ’ s financial records Thursday , decisions which legal scholars said were generally unsurprising outcomes consistent with legal precedent .
The high court ruled 7-2 Trump was not immune from complying with a subpoena from a New York City prosecutor , but punted on a related case involving subpoenas of Trump ’ s financial records from House Democrats .
The decisions fell two months after remote arguments where attorneys for Trump and the Justice Department argued the president ’ s position makes @ @ @ @ @ @ @ that Congress overstepped its authority in subpoenaing the records .
The dispute now will get untangled in the lower courts .
Harry Sandick , a partner at Patterson Belknap , said the decision is in part the result of the expansive arguments Trump and House Democrats put forward .
While the court could not sign onto Trump ’ s suggestion to hold the House to an extremely high standard to justify the subpoena , the justices could also not get behind the House ’ s view of its subpoena power that had no @ @ @ @ @ @ @ don ’ t appeal to judges , not on the Supreme Court and not in traffic court , ” Sandick said in an interview .
“ So here , the court needed to do it themselves.
” Paul Larkin , a senior legal research fellow at the Heritage Foundation , said the inconclusive decision is also in large part because the case presented issues the court very rarely has occasion to consider .
“ The court is smart enough to know that if this were something that came up over and over again @ @ @ @ @ @ @ would come up with a four-factor test , ” Larkin said in an interview .
“ I think given the very unusual nature of litigation like this , they figured , OK , we can do it here because how often is this going to arise where we are not going to be ultimately making the final call ?
” Laying out a test like it did in the case also ensured the court could keep a majority rather than handing down a highly fractured collection of opinions that would confound lower courts @ @ @ @ @ @ @ the congressional subpoenas now turns to the lower courts , where the sides will pare down their arguments in line with a list of considerations the justices handed down in their opinions Thursday .
Leslie Gielow Jacobs , a professor at the McGeorge School of Law , wrote in an email that House Democrats “ may prevail if they show a need for the information that outweighs the president ’ s need for freedom of action , without distracting inquiries.
” Many court watchers saw the justices ’ decision on the New York @ @ @ @ @ @ @ how the court has handled similar issues in the past .
“ The state court ruling is consistent with the prior cases on presidential immunity for communications , which say that the president is not absolutely immune from producing communications , even those he produced in office , ” Jacobs wrote in an email .
Larkin said the court ’ s decision relies on district and appellate court judges to weed out politically motivated prosecutions .
At the same time , Larkin said tests like those the justices laid out can cause problems @ @ @ @ @ @ @ figure out which factors in the multi-step test to prioritize over others .
Timing now becomes a primary focus in the cases , with the November election looming .
Jacobs said when the cases return to the lower levels , so does the president ’ s ability to delay .
She predicted that while it is likely Trump will appeal to a judge ’ s discretion , that motion would be unlikely to succeed .
“ Grand jury evidence is supposed to stay secret so the public should not hear about it until @ @ @ @ @ @ @ prosecutors reveal publicly , ” Jacobs wrote .
“ The president can make arguments about the separation of powers in the committee cases .
This will take all the months until the election , to have briefs , arguments and detailed opinions that could work their way up to the Supreme Court again.
” Larkin said while it is unlikely Trump ’ s financial records get into the hands of Congress before the November election , it is by no means impossible if a federal judge is aggressive enough with scheduling .
Other @ @ @ @ @ @ @ rulings didn ’ t go far enough to provide citizens with transparency for the financial records of elected officials .
David Cuillier , an associate journalism professor at the University of Arizona who focuses on informational freedom , told Courthouse News in an email public interest in the disclosure of a candidate ’ s financial information “ far outweighs the one person ’ s privacy interests.
” Tax returns of the president or a presidential candidate should be required by law , to be posted online for the public to examine , he @ @ @ @ @ @ @ changes to The Freedom of Information Act to provide this access .
“ The current idea that public records laws apply only to government agency records is flawed , and needs to be upended , ” Cuillier wrote .
“ Instead , freedom of information laws should apply to any records that have a substantial nexus in the public understanding of what the government is up to , even if held by private individuals or companies .
The president ’ s tax returns are such records .
Other countries have figured that out @ @ @ @ @ @ @ ”

The Supreme Court ruled in two cases related to revealing President Donald Trump’s financial records Thursday, decisions which legal scholars said were generally unsurprising outcomes consistent with legal precedent.
WASHINGTON (CN) — The Supreme Court ruled in two cases related to revealing President Donald Trump’s financial records Thursday, decisions which legal scholars said were generally unsurprising outcomes consistent with legal precedent.
The high court ruled 7-2 Trump was not immune from complying with a subpoena from a New York City prosecutor, but punted on a related case involving subpoenas of Trump’s financial records from House Democrats.
The decisions fell two months after remote arguments where attorneys for Trump and the Justice Department argued the president’s position makes him immune from state-level criminal process and that Congress overstepped its authority in subpoenaing the records.
The dispute now will get untangled in the lower courts.
Harry Sandick, a partner at Patterson Belknap, said the decision is in part the result of the expansive arguments Trump and House Democrats put forward. While the court could not sign onto Trump’s suggestion to hold the House to an extremely high standard to justify the subpoena, the justices could also not get behind the House’s view of its subpoena power that had no discernible limiting principle.
“Absolute arguments don’t appeal to judges, not on the Supreme Court and not in traffic court,” Sandick said in an interview. “So here, the court needed to do it themselves.”
Paul Larkin, a senior legal research fellow at the Heritage Foundation, said the inconclusive decision is also in large part because the case presented issues the court very rarely has occasion to consider.
“The court is smart enough to know that if this were something that came up over and over again, I don’t think they would come up with a four-factor test,” Larkin said in an interview. “I think given the very unusual nature of litigation like this, they figured, OK, we can do it here because how often is this going to arise where we are not going to be ultimately making the final call?”
Laying out a test like it did in the case also ensured the court could keep a majority rather than handing down a highly fractured collection of opinions that would confound lower courts, Larkin said.
The fight over the congressional subpoenas now turns to the lower courts, where the sides will pare down their arguments in line with a list of considerations the justices handed down in their opinions Thursday.
Leslie Gielow Jacobs, a professor at the McGeorge School of Law, wrote in an email that House Democrats “may prevail if they show a need for the information that outweighs the president’s need for freedom of action, without distracting inquiries.”
Many court watchers saw the justices’ decision on the New York prosecutor’s subpoena as predictable given how the court has handled similar issues in the past.
“The state court ruling is consistent with the prior cases on presidential immunity for communications, which say that the president is not absolutely immune from producing communications, even those he produced in office,” Jacobs wrote in an email.
Larkin said the court’s decision relies on district and appellate court judges to weed out politically motivated prosecutions. At the same time, Larkin said tests like those the justices laid out can cause problems in lower courts as judges try to figure out which factors in the multi-step test to prioritize over others.
Timing now becomes a primary focus in the cases, with the November election looming.
Jacobs said when the cases return to the lower levels, so does the president’s ability to delay. She predicted that while it is likely Trump will appeal to a judge’s discretion, that motion would be unlikely to succeed.
“Grand jury evidence is supposed to stay secret so the public should not hear about it until the grand jury takes action that the prosecutors reveal publicly,” Jacobs wrote. “The president can make arguments about the separation of powers in the committee cases. This will take all the months until the election, to have briefs, arguments and detailed opinions that could work their way up to the Supreme Court again.”
Larkin said while it is unlikely Trump’s financial records get into the hands of Congress before the November election, it is by no means impossible if a federal judge is aggressive enough with scheduling.
Other scholars said the court’s Thursday rulings didn’t go far enough to provide citizens with transparency for the financial records of elected officials.
David Cuillier, an associate journalism professor at the University of Arizona who focuses on informational freedom, told Courthouse News in an email public interest in the disclosure of a candidate’s financial information “far outweighs the one person’s privacy interests.”
Tax returns of the president or a presidential candidate should be required by law, to be posted online for the public to examine, he wrote. Additionally, there should be changes to The Freedom of Information Act to provide this access.
“The current idea that public records laws apply only to government agency records is flawed, and needs to be upended,” Cuillier wrote. “Instead, freedom of information laws should apply to any records that have a substantial nexus in the public understanding of what the government is up to, even if held by private individuals or companies. The president’s tax returns are such records. Other countries have figured that out. Why don’t we?”