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Saturday 4 March 2023

Garland makes surprise visit to Ukraine


Attorney General Merrick Garland made an unannounced trip to Ukraine on Friday to join President Volodymyr Zelenskyy at a conference, according to a Justice Department official.

“The Attorney General held several meetings and reaffirmed our determination to hold Russia accountable for crimes committed in its unjust and unprovoked invasion against its sovereign neighbor,” the official said.

Garland traveled to Lviv, Ukraine, at the invitation of Zelenskyy to join him and international partners at the “United for Justice Conference.” The trip was not previously announced for security reasons, the official said.

The surprise visit comes just after the one-year anniversary of Russia’s unprovoked invasion of Ukraine, and just about two weeks after President Joe Biden made his first trip to the country — which had also been unannounced — since the war began. Garland is the second Cabinet official to visit Ukraine in recent weeks, with Treasury Secretary Janet Yellen traveling to Kyiv to meet with Zelenskyy on Feb. 27.

This is also the second surprise visit Garland has made to Ukraine since Russia invaded. The first was in June 2022, when he traveled to western Ukraine to discuss the actions the U.S. was taking to hold Russia accountable for war crimes and atrocities.

Garland said in a February statement marking the one-year anniversary of Russia’s invasion that prosecutors from the Justice Department’s War Crimes Accountability Team were “working closer than ever before” with its Ukrainian counterparts to “investigate specific crimes committed by Russian forces, including attacks on civilian targets.”

“Over the past year, the Ukrainian people have shown the world what courage looks like,” Garland said in the statement. “And for as long as it takes, the Department of Justice will continue to stand shoulder-to-shoulder with our Ukrainian and international partners in defense of justice and the rule of law.”



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Friday 3 March 2023

In two competitive South Jersey districts, GOP fights over candidates’ anti-abortion and anti-Muslim posts


When Republican Adam Wingate ran for Gloucester County commissioner last year, he faced an onslaught of campaign mailers from Democrats attacking him for things like “the extremism of the Gloucester County Republicans.”

One ad highlighted a social media post by incumbent Republican commissioner Nick DeSilvio that said “abortion is never medically necessary to save the life of the mother.”

“This is what’s on the ballot this year,” the ad said.

DeSilvio, who was elected commissioner in 2021, was not actually on the ballot that year. But he is running this year as a state Senate candidate in the 4th Legislative District — arguably the most vulnerable Democratic-held seat in the upper house.

Wingate, a former Harrison Township committeeman, thinks those ads helped Democrats defeat him and his running mate last year, allowing Democrats to retain control of the board of commissioners.

Now, he thinks Republicans are potentially dooming themselves in the state Legislature by running DeSilvio in the 4th District and state Sen. Ed Durr (R-Gloucester) — who said in a 2020 Facebook argument that, when it comes to abortion, "A woman does have a choice! Keep her legs closed!" — in the neighboring 3rd District.

“I know personally women that are friends and family that are Republican who are not happy with those comments. They don’t need anyone calling them a murderer, evil or telling them that they should have closed their legs,” Wingate, who may run for Assembly on a ticket opposite Durr’s in the June Republican primary, said in a phone interview.

Durr and DeSilvio — who both lost races for office before winning in 2021 — dismiss Wingate’s criticism as sour grapes. But Wingate’s sentiment is shared by Atlantic County GOP Chair Don Purdy, whose county makes up less than 5 percent of the district’s population but who has disagreed with the district’s other two Republican leaders — Gloucester County Republican Chair Jacci Vigilante and Camden County GOP Chair Tom Crone Jr. — about the makeup of the Republican ticket in the 4th Legislative District.

“My point is having statements about women keeping their legs shut and abortion — that’s not going to ever stand in Atlantic County,” Purdy said in a phone interview.

Social media posts divide South Jersey GOP

The Supreme Court’s reversal of Roe v. Wade last year was widely seen as contributing to Democrats' fending off an anticipated “Republican wave” in the 2022 midterms, and there are signs that it continues to motivate Democrats.

Wingate’s 2022 loss was a major disappointment for the Gloucester County GOP, which thought it was on a roll following Durr’s shocking 2021 victory over then-Democratic Senate President Steve Sweeney (D-Gloucester), then New Jersey’s second-most powerful elected official. That race caught the vaunted South Jersey Democratic machine off guard, with an unanticipated backlash to Gov. Phil Murphy’s pandemic policies helping defeat Sweeney. Since then, Democrats have been paying closer attention.

“Let’s be honest, [Durr] caught lightning in a bottle in 2021,” Wingate said. “That has a lot to do with a great top of the ticket in [GOP gubernatorial candidate] Jack Ciattarelli. Ciattarelli won Gloucester County by 10% and it was a trickle-down effect from there.”

The social media posts by both DeSilvio and Durr — who employs DeSilvio’s wife, Tina, as his chief of staff — have recently circulated in Republican circles.

In one Facebook conversation four years ago, DeSilvio said “I consider abortion murder and anybody that supports it, is considered ‘evil’ to me!!’” POLITICO also viewed a screenshot of DeSilvio’s “About” page on Facebook where, under “basic info,” he wrote “I believe in Jesus. No muslims here !!” He has since removed the anti-Muslim language.

Durr, a truck driver, himself faced controversy over anti-Muslim social media posts, but they did not publicly surface until right after his election. He apologized and met with Muslim advocates and members of the community, then introduced legislation to recognize two Islamic holidays.

If he runs for Assembly, Wingate will likely join a ticket in the 3rd District with Salem County Commissioner Mickey Ostrum and Assemblymember Beth Sawyer (R-Gloucester), who ran with Durr in 2021 but quickly developed a tense relationship with him.

Durr is running for reelection alongside Assemblymember Bethanne McCarthy Patrick (R-Gloucester) and Hopewell Township Committeemember Tom Tedesco. Democrats have not yet announced their candidates in the district, but Sweeney has been mulling whether to seek a return to the state Senate or to concentrate on his expected 2025 run for governor instead.

In the neighboring 4th District, 19-year incumbent state Sen. Fred Madden (D-Gloucester) has not yet announced whether he’ll retire, though many expect him to. DeSilvio is expected to run with unsuccessful 2021 Assembly candidate Denise Gonzalez and Michael Clark, a 24-year-old who in a Facebook post said that “abortion is and always will be murder.” No rival Republican has come forward yet, but Purdy favors for Matthew Walker, who was Buena’s first Black committeeman, as the district’s state Senate candidate.

Durr said Wingate is using him and DeSilvio as an excuse for his own failure at the polls last year.

“Attacking me personally sounds more like a Democratic playbook, so anybody using that sounds very Democratic to me. They generally go after the person and not the policy,” Durr said.

As for his Facebook post that said a woman can “keep her legs closed” as an alternative to abortion, Durr said, “I might have said it in a crude manner in 2020, but I was also not a candidate at the time."

“As to there being options to not having abortions, contraceptives and abstinence from sex is a way for not getting pregnant,” Durr said.

"I’m sure you can find there’s been flaws in my life. And I’m not a perfect man. As far as I’m concerned there’s only one perfect man, and they crucified him, didn’t they?" Durr said.

DeSilvio said in a phone interview that he does believe abortion is at times medically necessary, and that he thinks it should be legal in cases of rape or incest.

“I just think nowadays women use it as a form of contraception, and I don't believe abortion should be used that way,” he said.

As for his “no Muslims” comment on his Facebook page, which is undated, DeSilvio said it was likely from a very long time ago.

“I should have been more clear: I don’t hate Muslims. It’s a peaceful and loving religion. I should have made that very clear. I was talking about more like radicals. Like the type of person that joins ISIS or Al Qaida.”

DeSilvio primarily blamed Purdy, the Atlantic County Republican chair, for circulating his social media posts.

“I don’t know the reason why he just doesn’t want me as a candidate. But Gloucester and Camden [Counties], I’ve held interviews with them and they want me,” he said. “That’s actually disturbing to me, that they’re creating fights within our own party.”

Purdy doesn’t exactly deny it.

“It’s not me being against DeSilvio. I don’t like his practices, and I don’t think he should be what we send to Trenton. They’re not quite lying about that when they say I don’t support him going to Trenton,” he said.



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D.C. officials blast Biden, Congress over crime bill overturn push

Congress has not overturned D.C. legislation since 1991.

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Biden's IRS nominee moves closer to confirmation with bipartisan vote

The majority of Finance Committee Republicans still ended up casting their votes against Werfel.

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House Ethics panel launches investigation into Santos


The House Ethics Committee said Thursday it had begun a formal investigation into embattled Rep. George Santos.

The committee, which is evenly split between Republicans and Democrats, said in a statement it voted unanimously Tuesday to begin an investigation on a host of allegations, including possible “unlawful activity” concerning Santos’ 2022 successful bid for office, failure to disclose all required information on House forms, possible violation of conflict of interest laws and an allegation of sexual misconduct. Opening an investigation is not an indication that a violation has occurred.

Rep. Dave Joyce (R-Ohio) will lead the subcommittee investigating Santos, while Pennsylvania Rep. Susan Wild will be the top Democrat.

“The House Committee on Ethics has opened an investigation, and Congressman George Santos is fully cooperating. There will be no further comment made at this time,” Santos said in a tweet.

Santos has faced a litany of ethical questions after revelations he lied about core components of his educational and professional background. Multiple New York Republicans have called for his resignation — or expulsion — from Congress in light of the scandals.



“George Santos has disgraced Holocaust victims, 9-11 victims, military veterans with PTSD and many more,” first-term Rep. Nick LaLota (R-N.Y.) tweeted on Wednesday. “Santos is a terrible person and should be thrown out of the Republican conference & Congress ASAP.”

House colleagues have filed Ethics claims against him, most publicly fellow New York Reps. Ritchie Torres and Daniel Goldman, both Democrats. Their claims include questions about Santos’ campaign finances and financial disclosure reports, as well as allegations that he “misled voters in his District about his ethnicity, his religion, his education, and his employment and professional history, among other things.”

The first-term Republican from New York has remained defiant and repeatedly vowed not to resign, though Santos did voluntarily give up his committee slots. A poll released Monday found 66 percent of voters statewide wanted him to resign.


House Ethics is just the latest to add to the Santos inquiry pileup, with the panel only fully organizing earlier this week. Federal prosecutors in the U.S. Attorney’s Office for the Eastern District of New York are also reportedly investigating him, and the Campaign Legal Center filed a complaint with the Federal Election Commission calling for a probe into the embattled Republican. New York Attorney General Tish James said her team would review Santos’ false claims. And Anne Donnelly, the Republican district attorney in Nassau County, said her office is “looking into the matter.”

The competing inquiries could draw out what is already a very slow process within House Ethics. It is common for the Department of Justice to ask the House or Senate Ethics panels to hit pause on their inquiries while a federal investigation plays out. But even if they don’t, Ethics investigations typically take many months.



House Ethics also said that they are extending their preliminary review of allegations against Rep. Alexandria Ocasio-Cortez (D-N.Y.), related to allegations of rule violations related to the 2021 Met Gala. The preliminary review means an investigative subcommittee has not been established and her case remains in the early stages of inquiry.

Ocasio-Cortez's case was first referred to House Ethics back in June 2021 by the Office of Congressional Ethics, the nonpartisan, independent body that reviews allegations of misconduct involving House staff and lawmakers and refers cases to the House panel. The Ethics Committee also extended their review in early December last year.

OCE found that there were delays in some payments to vendors associated with the congresswoman's visit to the Met Gala.

"The Congresswoman finds these delays unacceptable, and she has taken several steps to ensure nothing of this nature will happen again," her spokesperson Lauren Hitt said on Thursday. "While regrettable, these delayed payments definitively do not rise to the level of a violation of House Rules."

The payments were finalized and paid out of Ocasio-Cortez' personal funds.

"We are confident the Ethics Committee will dismiss this matter," Hitt said.

Nicholas Wu contributed to this report.



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EU’s von der Leyen will meet Biden in US next week

Leaders will discuss the Inflation Reduction Act and broader security issues.

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FTC reaches deal with online therapy company over data misuse claims


The Federal Trade Commission reached a settlement with online therapy company BetterHelp over allegations it shared customers’ sensitive health data with third parties for advertising purposes, according to documents from the agency’s in-house court filed this morning and reviewed by POLITICO.

The Teladoc-owned company has agreed to pay $7.8 million and change a variety of its business practices to resolve allegations that it shared consumer data with third parties despite telling customers it would not, according to the documents. The commission voted 4-0 to approve the settlement on Thursday morning, according to an FTC official who was granted anonymity to speak about a confidential matter.

Under the settlement, BetterHelp is barred from sharing health data, including sensitive information about its customers mental health struggles, with Meta and others for advertising purposes. It will use the $7.8 million to provide affected BetterHelp customers with partial refunds.

BetterHelp requires anyone interested in its services to fill out a lengthy questionnaire about their health, like whether or not they’ve previously been in counseling before, as well as personally identifiable information. The FTC asserts that though the company promises not to share this data, it sent personal health information to Facebook, Snapchat, Criteo, and Pinterest for marketing purposes.

"This industry-standard practice is routinely used by some of the largest health providers, health systems, and healthcare brands," BetterHelp said in a prepared statement. "Nonetheless, we understand the FTC’s desire to set new precedents." BetterHelp said the settlement is not an admission of wrongdoing and that it did not share patients names or their clinical information with third parties.

In addition to the fine and a ban on sharing health data to advertise, the FTC requires BetterHelp to get express consent from consumers to share their data for any additional purposes and to implement a privacy program as well as limits on how long they store personal data. The company will also have to ensure that any third parties will delete data they had received from the company it sent data to previously.

The case follows a similar settlement with online pharmacy GoodRx. That settlement prohibits GoodRx from sharing consumer data with third parties for advertising purposes and requires it to get explicit consent from consumers for any other kind of data sharing. It must also pull back previously shared data from companies like Google and Facebook, and pay a $1.5 million fine.

In addition to unfair and deceptive practices, GoodRx was accused of violating the 2009 Health Breach Notification Rule, a rule that protects health data not governed by the Department of Health and Human Services or HIPAA, which sets privacy rules for medical providers.

Sharing personal consumer data, including health information, in order to retarget ads to people who once showed interest in a product is a widespread practice.

Last June, Sen. Ron Wyden (D-Ore.), raised concerns that two tele-mental health companies, BetterHelp and Talkspace, appeared to be “taking advantage of the regulatory gray area” in HIPAA in order to use patient data for marketing purposes.

Prior to Wyden’s letter, several reports pointed to gaps in BetterHelp’s privacy policy and security practices. BetterHelp also reportedly shares metadata with Facebook, Google, Snapchat and others.

Since 2020, the FTC has taken several actions to protect consumer health data collected online and in apps. In addition to GoodRx, the agency brought cases against period tracking app Flo Health and data broker Kochava.

The FTC’s ability to reign in data collection and sharing could expand in other ways as well. In August, the agency kicked off the process to write new, wide-ranging rules for data privacy and “commercial surveillance” practices across the economy. The FTC has received over 10,000 comments and proposed rules could come later this year.



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