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Tuesday 18 April 2023

Dems plan to push Feinstein-replacement strategy this week


Senate Majority Leader Chuck Schumer wants to move this week to temporarily replace the ailing Dianne Feinstein on the Judiciary Committee — a move that at least one Republican is likely to hold up.

Schumer said Monday afternoon that he wants to quickly sub in another senator for Feinstein (D-Calif.), whose absence from the Judiciary panel is hampering Democrats’ ability to easily confirm more of President Joe Biden's nominees to the federal bench. The New York Democrat said he is angling to have a conversation with Minority Leader Mitch McConnell about the matter soon.

Feinstein is “hopeful on returning soon," Schumer said, adding: "We think the Republicans should allow a temporary replacement till she returns. I hope the Republicans will join us in making sure this happens since it is the only right and fair thing to do.”

Reshuffling the panel’s roster this week would require unanimous consent from all senators, which means just one Republican could block it. Sen. Tom Cotton (R-Ark.) has already signaled he will not consent to doing anything to ease confirmation of Biden’s judicial picks. If Republicans delay or block the resolution to replace Feinstein, they would effectively make it tougher for Democrats to confirm more judges — which Biden's party can normally do unilaterally with a 51-49 majority.

The judiciary panel's chair, Dick Durbin (D-Ill.), has repeatedly delayed committee votes on lifetime appointees during Feinstein’s treatment for shingles. Democrats still have some judicial nominees ready for floor votes, but that list will run dry relatively soon without action at the Judiciary Committee.

With Feinstein absent — and her timetable to ever return to Washington increasingly uncertain — the committee is evenly split between Democrats and Republicans. That means judicial nominees without bipartisan support cannot come to the Senate floor without laborious procedural votes to shake them loose.



If Feinstein is temporarily replaced, Durbin could more easily win confirmation for those nominees. And the stakes are extra-high now: Confirming judges is one of the top Senate Democratic priorities given GOP control of the House.

Given that Republicans can filibuster any changes to committee lineups, it would take several days as well as the votes of at least 10 GOP senators to replace Feinstein on the panel. Schumer declined to say on Monday whether he would force that floor debate if Cotton or any other Republican blocks a quick switcheroo.

And who Democrats pick as a potential Feinstein replacement may weigh heavily on that endgame. Schumer said he needs to talk to the caucus about who would take her spot on the Judiciary panel, which she was once in line to chair.

Feinstein rejected any talk of resigning in a statement last week, asking that she be removed from the committee until she returns to the Senate in order to allow Judiciary’s work to continue.



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'Hypocrisy': New York Democrats deride Judiciary Committee's Manhattan hearing


NEW YORK — New York Democrats condemned the GOP-led House Judiciary Committee’s hearing in Manhattan on Monday as an attempt to undermine the credibility of the district attorney investigating former President Donald Trump.

They blasted the proceedings as a political stunt while also defending New York's crime rates.

“I think it’s the highest level of hypocrisy,” New York City Mayor Eric Adams said on MSNBC.

He later told reporters outside the hearing: “It is really troubling that Americans’ taxpayer dollars are being used to come here on this junket to do an examination of the safest big city in America.”

A rowdy crowd of anti-Trump protestors demanded to be let inside the federal building in lower Manhattan as the committee heard testimony from a formerly incarcerated bodega clerk and the mother of a homicide victim, among others who testified.

The hearing — titled “Victims of Violent Crime in Manhattan” — was called by the committee in the wake of the arraignment of the former president, who, ever since being criminally indicted by a grand jury in Manhattan, has attacked Alvin Bragg, the district attorney leading the case, for not addressing local crime instead.



His GOP allies have leveled similar criticisms. Rep. Jim Jordan, who chairs the committee, called New York a “city that has lost its way" during the hearing.

“Here in Manhattan, the scales of justice are weighed down by politics,” Jordan later added during the hearing, accusing Bragg of taking a “soft-on-crime approach to the real criminals.”

The mayor and other Democrats were quick to point out Monday that crime in many major categories is on the decline. A letter sent to Jordan last week cited recently released NYPD statistics showing murders are down roughly a tenth from at this time last year. Shootings and transit crimes have decreased, too.

The full picture of crime statistics in New York is more of a mixed bag, though. Felony assaults are up, driven largely by domestic incidents and attacks on police officers, and major felony arrests are at a high not seen in more than two decades.

Adams also pointed to data reported in the New York Daily News Monday morning suggesting that residents of Jordan’s home state of Ohio are far more likely to die from gun violence than New Yorkers.

Wirepoints, an Illinois-based nonprofit, found in February that New York City had among the lowest homicide rates among the nation's largest cities.

Adams said neither he nor anyone from his administration was asked to speak.

Rep. Adriano Espaillat, who represents New York’s 13th District, also took issue with Republicans on the committee criticizing crime in the state without backing stronger federal gun control legislation.

“The common denominator in most homicides across the country is a gun,” he said during the hearing.

The GOP’s embrace of the issue of crime in their attacks against Bragg — and the other side’s full-throated response — is indicative of just how salient the issue remains in New York politics, and of its soreness for Democrats in the wake of midterm losses and a much closer than anticipated gubernatorial race. Even public safety-focused Democrats like Adams have struggled to make voters think they’re making headway on the issue.

Manhattan Democratic Rep. Jerry Nadler, a former chair of the committee, warned voters not to be "fooled."

“This hearing is being called for one reason and one reason only: to protect Donald Trump," he said at the news conference with Adams.



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Monday 17 April 2023

Washington used to abhor talking about mental health. No more.


For six weeks, while Sen. John Fetterman received treatment for clinical depression at Walter Reed Medical Center, handwritten cards poured into his Washington office. His staff fielded phone calls from constituents passing along well wishes. Others called simply to thank him for being upfront about his condition.

When one of Fetterman’s senior aides checked into a hotel in Pittsburgh recently, a middle-aged woman saw their Senate ID and asked for whom they worked. When the aide told her, the woman responded: “He’s so brave.”

The reaction has been, overall, a shocking and pleasant surprise to Fetterman’s team, which worried about their boss and felt anxious about how the public would respond to revelations that he has depression.

What they and others have discovered is that the country is increasingly open about it. And that the politics are changing around it.

Sen. Tina Smith (D-Minn.) penned a personal essay about Fetterman and how the news of his depression dredged up old feelings about her own fight with the disease in her teens, and again as a young mom. Republican Sen. Katie Britt’s team sent cookies and brownies to Fetterman’s office almost once a week, the senior Fetterman aide told POLITICO. And before President Joe Biden kicked off his budget speech in Philadelphia last month, he spoke directly to the senator: “John, if you can hear this at all, we’re with you, pal. We’re with you,” he said, drawing cheers from the crowd.

“It was like, damn, this is cool. You never know how it’s going to go, you know? There’s no playbook for what John did,” said the Fetterman aide. “But if you can learn anything from John Fetterman, it’s that it’s OK. Things can get better. It is OK to get help. That’s what he wants people to take away from this.”

Fetterman’s return to the Hill on Monday will provide the most visible example of the nation’s capital — a city where public figures often fight to keep personal battles shrouded in secrecy — slowly embracing an issue that affects 1 in 5 Americans in a given year. From Congress to the White House, policymakers have begun leaning into mental health as a key policy priority.



“In the ’50s and ’60s, nobody said the word cancer. We talk about cancer now. We need to get to that point where we talk about depression. We talk about bipolar disorder. We talk about PTSD. We talk about schizophrenia, and acknowledge that these are illnesses for which there is treatment, and people can have satisfying, fulfilling lives,” said Lynn Bufka, associate chief of practice transformation at the American Psychological Association and a licensed psychologist in Maryland.

“So anytime we have more visible figures talking about the reality, it helps people to see ‘Oh, that person is a lot like me.’”

Not only are politicians opening up about their private struggles and decisions to seek treatment but they are doing it while staying in office, said Jason Kander, the former secretary of state of Missouri. Kander, a rising star in the Democratic party, ran for Kansas City mayor in the 2019 election. He dropped out after revealing he had post-traumatic stress disorder and depression after his service in Afghanistan.

“I announced that I was leaving public life for a while to go get help … now I’m a public person again, and I’m trying to be that role model as best I can. But there’s a difference between that next level of what John Fetterman is doing,” Kander said in an interview. “I’m aware of the social media comments that are like, ‘Oh, whatever happened to that guy after he made that announcement?’ And that’s fine, but it’s really great that in the case of John Fetterman, or Ruben Gallego, people see, ‘Oh, they made this announcement, and their pursuit continued.’”

The shift in Washington can be attributed to a number of factors, Bufka said. After decades of advocacy work from the APA and other organizations focused on mental health education, the media now talks about mental health more. The Covid pandemic also greatly exacerbated the crisis, forcing politicians to face the issue head on as one impacting their constituents — and their own lives.

Biden followed a similar path. He had spoken in the past about mental health and worked on the issue as vice president, announcing Obama White House efforts to increase access to mental health services. But during the 2020 campaign, the issue became personalized as he faced questions about his son Hunter’s struggles with mental health and addiction.

“The idea that we treat mental health and physical health as though somehow they’re distinct — it’s health,” Biden said during the interview with CNN. “... I’m confident, confident, he’s going to make it.”

The focus continued into his presidency. During his first State of the Union address, Biden talked about how the pandemic impacted kids, increasing social isolation, anxiety and learning loss. As part of his “unity agenda,” he outlined the White House’s strategy for combating the mental health crisis: creating healthy learning environments, strengthening system capacity and connecting more Americans to care.

The American Rescue Plan included funding to expand Certified Community Behavioral Health Clinics, invest in the 988 suicide prevention hotline and launch projects to tackle the impacts of social media and kids. Biden’s latest budget requests $139 million for research and another $16.6 billion to increase mental health care programs in the Veterans Affairs Medical Care program.



“Having the White House be public about this is is meaningful. And I suspect — I would never deign to speak for the president — but I suspect that the contemporary veterans in his family have helped him understand this,” said Rep. Seth Moulton (D-Mass.), who has spoken about his PTSD after serving in the military.

There has been no shortage of administration officials talking about the growing crisis, including Domestic Policy Council Adviser Susan Rice, and Surgeon General Vivek Murthy, who has said in interviews that he accepted Biden’s offer to serve a second term because of the dire state of the country’s emotional health.

During White House events, Murthy has talked about about his own struggles with mental health as a young boy and about his uncle, who died by suicide after a silent battle with depression.

Still, the steps forward don’t negate the reality that a stigma still exists, Smith said. She suspected that if one were to do the math, there were likely dozens of members of Congress choosing to not talk about their mental health, fearful of what it could mean for their political careers.

Even as Fetterman’s openness has been met with a positive response, stories like the one of Tom Eagleton, the Democratic running mate for presidential nominee George McGovern who withdrew from the ticket after acknowledging was treated for clinical depression and received electroshock therapy, still haunt politicians.

Then there was former Rep. Patrick Kennedy who left politics to focus on his addiction and bipolar disorder. He entered a rehabilitation center after crashing his car into a barricade on Capitol Hill in 2006. In a 2016 interview, Kennedy noted that there were moments he knew he needed help, well before that breaking point. But back then, politicians didn’t talk about these things.

“It is getting better, but individuals still take risks when they speak out … people are still willing to jump to the conclusion that because you have a mental health issue, that means are you really capable of serving? Can you really do what you need to do?” Smith said.

“But to me, it’s worth it. The positive side of it is the people out there, especially the young people, who see folks like me — who by all appearances have my act together — being open about it. That creates a door for them to walk through.”



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Biden's Northern Ireland ultimatum looks doomed to fail

The president's promise of American investment in return for political stability has landed poorly in Belfast.

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2023's most important election: Turkey

The election on May 14 is a pivotal moment for security in Europe and the Middle East.

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Fox News and 2020 election lies set to face jury come Monday


NEW YORK — Starting Monday in a courtroom in Delaware, Fox News executives and stars will have to answer for their role in spreading doubt about the 2020 presidential election and creating the gaping wound that remains in America’s democracy.

Jurors hearing the $1.6 billion lawsuit filed against Fox by Dominion Voting Systems must answer a specific question: Did Fox defame the voting machine company by airing bogus stories alleging that the election was rigged against then-President Donald Trump, even as many at the network privately doubted the false claims being pushed by Trump and his allies?

Yet the broader context looms large. The trial will test press freedom and the reputation of conservatives’ favorite news source. It will also illuminate the flow of misinformation that helped spark the Jan. 6, 2021, insurrection at the U.S. Capitol and continues to fuel Trump’s hopes to regain power in 2024.

Fox News stars Tucker Carlson and Sean Hannity and founder Rupert Murdoch are among the people expected to testify over the next few weeks.

Barring a last-minute settlement, opening statements are scheduled for Monday.

“This is Christmas Eve for defamation scholars,” said RonNell Andersen Jones, a University of Utah law professor.

If the trial were a sporting event, Fox News would be taking the field on a losing streak, with key players injured and having just alienated the referee. Pretrial court rulings and embarrassing revelations about its biggest names have Fox on its heels.

Court papers released over the past two months show Fox executives, producers and personalities privately disbelieved Trump’s claims of a fraudulent election. But Dominion says Fox News was afraid of alienating its audience with the truth, particularly after many viewers were angered by the network’s decision to declare Democrat Joe Biden the winner in Arizona on election night in November 2020.

Some rulings by the presiding judge, Eric Davis, have eased Dominion’s path. In a summary judgment, Davis said it was “CRYSTAL clear” that fraud allegations against the company were false. That means trial time won’t have to be spent disproving them at a time when millions of Republicans continue to doubt the 2020 results.

Davis said it also is clear that Dominion’s reputation was damaged, but it will be up a jury to decide whether Fox acted with “actual malice” — the legal standard — and, if so, what that’s worth financially.

Fox witnesses will likely testify that they thought the allegations against Dominion were newsworthy, but Davis made it clear that’s not a defense against defamation — and he will make sure the jury knows that.

New York law protects news outlets from defamation for expressions of opinion. But Davis methodically went through 20 different times on Fox when allegations against Dominion were discussed, ruling that all of them were fully or partly considered statements of fact, and fair game for a potential libel finding.

“A lawsuit is a little bit like hitting a home run,” said Cary Coglianese, law professor at the University of Pennsylvania. “You have to go through all of the bases to get there.” The judge’s rulings “basically give Dominion a spot at third base, and all they have to do is come home to win it.”

Both Fox and Dominion are incorporated in Delaware, though Fox News is headquartered in New York and Dominion is based in Denver.

Fox angered Davis this past week when the judge said the network’s lawyers delayed producing evidence and were not forthcoming in revealing Murdoch’s role at Fox News. A Fox lawyer, Blake Rohrbacher, sent a letter of apology to Davis on Friday, saying it was a misunderstanding and not an intention to deceive.

It’s not clear whether that will affect the trial. But it’s generally not wise to have a judge wonder at the outset of a trial whether your side is telling the truth, particularly when truth is the central point of the case, Jones said.

The suit essentially comes down to whether Dominion can prove Fox acted with actual malice by putting something on the air knowing that it knew was false or acting with a “reckless disregard” for whether it was true. In most libel cases, that is the most difficult hurdle for plaintiffs to get past.



Dominion can point to many examples where Fox figures didn’t believe the charges being made by Trump allies such as Sidney Powell and Rudy Giuliani. But Fox says many of those disbelievers were not in a position to decide when to air those allegations.

“We think it’s essential for them to connect those dots,” Fox lawyer Erin Murphy said.

The jury will determine whether a powerful figure like Murdoch — who testified in a deposition that he didn’t believe the election-fraud charges — had the influence to keep the accusations off the air.

“Credibility is always important in any trial in any case. But it’s going to be really important in this case,” said Jane Kirtley, director of the Silha Center for the Study of Media Ethics and the Law at the University of Minnesota.

Kirtley is concerned that the suit may eventually advance to the U.S. Supreme Court, which could use it as a pretext to weaken the actual malice standard that was set in a 1964 decision in New York Times Co. v. Sullivan. That, she feels, would be disastrous for journalists.

Dominion’s lawsuit is being closely watched by another voting-technology company with a separate but similar case against Fox News. Florida-based Smartmatic has looked to some rulings and evidence in the Dominion case to try to enhance its own $2.7 billion defamation lawsuit in New York. The Smartmatic case isn’t yet ready for trial but has survived Fox News’ effort to get it tossed out.

Many experts are surprised Fox and Dominion have not reached an out-of-court settlement, though they can at any time. There’s presumably a wide financial gulf. In court papers, Fox contends the $1.6 billion damages claim is a wild overestimate.

Dominion’s motivation may also be to inflict maximum embarrassment on Fox with the peek into the network’s internal communications following the election. Text messages from January 2021 revealed Carlson telling a friend that he passionately hated Trump and couldn’t wait to move on.

Dominion may also seek an apology.


The trial has had no apparent effect on Fox News’ viewership; it remains the top-rated cable network. Fox’s media reporter, Howard Kurtz, said earlier this year that he had been banned from covering the lawsuit, but the network has since changed direction. Kurtz discussed the case on his show Sunday, saying he would be in Wilmington for the beginning of the trial.

“The real potential danger is if Fox viewers get the sense that they’ve been lied to. There’s a real downside there,” said Charlie Sykes, founder of the Bulwark website and an MSNBC contributor.

There’s little indication that the case has changed Fox’s editorial direction or cut into its viewership. Fox has embraced Trump once again in recent weeks following the former president’s indictment by a Manhattan grand jury, and Carlson presented an alternate history of the Capitol riot, based on tapes given to him by House Speaker Kevin McCarthy.

Just because there has been limited discussion of the Dominion suit on Fox doesn’t mean its fans are unaware of it, said Tim Graham, director of media analysis at the conservative watchdog Media Research Center.

“There’s a certain amount of tribal reaction to this,” Graham said. “When all of the other networks are thrilling to revealing text messages and emails, they see this as the latest attempt by the liberal media to undermine Fox News. There’s going to be a rally-around-Rupert effect.”

The trial is expected to last into late May.



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‘We’re going to live in reality’: Senate GOP among McCarthy’s biggest skeptics on SNAP cuts


House Speaker Kevin McCarthy’s new debt limit negotiating proposal set to be unveiled Monday morning will include broad moves to restrict food assistance for millions of low-income Americans. His GOP colleagues in the Senate aren’t optimistic any of those measures will survive.

McCarthy’s initial list calls for expanding the age bracket for people who must meet work requirements in order to participate in the Supplemental Nutrition Food Assistance Program or SNAP, while closing what Republicans say are “loopholes” in existing restrictions, according to two people who were granted anonymity to discuss internal conversations.

Cutting spending on federal food assistance programs is a perennial Republican target, and House conservatives are eager to make it part of any agreement to raise the debt ceiling, which the country must do later this year to avoid a default crisis. But Senate Democrats have said such measures are dead on arrival in the upper chamber, and with the help of key Senate Republicans, they have killed off a series of similar House GOP efforts over the years — including a 2018 push involving McCarthy and his current top debt limit lieutenant Rep. Garret Graves (La.). The early response from Senate Republicans this time around does not bode well for a different outcome in 2023.

While praising the intent behind the House GOP efforts to expand work requirements for SNAP, which used to be known as food stamps, top Republican senators have sought to temper expectations about the proposal’s prospects in the upper chamber.



“I’m sure it won’t be easy,” said John Thune (S.D.), the No. 2 Republican in the Senate, noting his party will get a second bite at the apple later this year during the farm bill reauthorization process.

A GOP Senate aide, who was granted anonymity to discuss private conversations, was less diplomatic: “I mean, Godspeed. Get what you can. We’re going to live in reality over here.”

Senate Republicans have been voicing similar skepticism since House Republicans began privately pitching new proposals to rein in SNAP last year, after they won back the chamber in November.

Asked about the prospects for such measures in the next Congress, Sen. John Boozman (Ark.) the top Republican on the Agriculture Committee, which oversees SNAP, said in an interview a week after the 2022 midterms that the effort “would be difficult to pass in the Senate with 60 votes,” a nod to the threshold needed to overcome a Senate filibuster.

And, given the GOP’s unexpectedly slim majority in the House, there’s no guarantee such controversial proposals could even get out of the lower chamber, Boozman pointed out. “You look at the margin in the House,” he said, “It might be difficult to pass it in the House.”

McCarthy and his team are now confronting that reality as they try to hold together their own caucus vis-a-vis the debt ceiling negotiations with the White House. McCarthy, Graves and other top House Republicans have briefed most of the caucus on their plans in a series of calls that stretched into the weekend. So far, leaders have avoided key defections by staying away from too much detail — for example, they have yet to outline a specific plan to close the so-called “loopholes” in the existing SNAP work requirements, which Republicans complain primarily blue states are using to waive some work requirements. Taking a tough line would please the most conservative GOP members, but alienate Republicans from swing districts, and vice versa.

Already, the talk of shrinking SNAP, which currently serves 41 million low-income Americans, is raising pressure on many Republicans that represent districts President Joe Biden won in 2020. Several of those members have raised internal concerns, especially about proposals from their colleagues that would add work requirements for some low-income parents who have children under 18 living at home, according to two other people involved in those conversations, who asked for anonymity to discuss internal caucus matters. A handful of GOP freshmen from New York, one of the states that consistently asks the federal government to waive some work requirements for SNAP recipients, are in an especially tricky spot. Constituents have begun pressing them to oppose efforts that would further restrict SNAP and other key assistance following the loss of key pandemic-era aid — which Biden administration officials argue helped keep the country from falling into a deeper hunger crisis in the wake of Covid-19.

At a farm bill listening session in Rep. Mark Molinaro’s (R-N.Y.) upstate district last Friday, local farmers, food bank operators and anti-hunger advocates urged lawmakers to defend and even expand current SNAP programs.

One state administrator called for “easing burdensome and complicated work and reporting requirements” to provide better access to the program, as the administration’s pandemic-era pause on certain SNAP work requirements is set to end in July. A food bank operator warned of a looming “hunger cliff” in the country as families continue to reel from the fallout of Covid-19. She urged members of Congress “not make decisions on the back of the most vulnerable people.”



Eric Ooms, vice president of the New York branch of the American Farm Bureau Federation, the nation’s leading agricultural lobby, told the lawmakers who attended the listening session not to think of SNAP as a “city thing,” noting that the program is a key lifeline to low-income Americans in rural areas where food insecurity “is higher than it’s ever been.”

Molinaro, who says his family relied on food stamps during his childhood, has indicated general support for some SNAP reforms, saying he understands the “inefficiencies” of the program through his experience as a former county executive charged with overseeing it. But he has declined to say if he would support the proposals to expand work requirements that his colleagues have been pushing for months.

In his closing remarks on Friday, Molinaro sounded a note of support for SNAP but indicated only the most needy should get aid — an argument Republicans have used in their campaign to reduce the size of the program.

“Yes, those that struggle the hardest need to know that they have the support, not only of SNAP, but of other wrap-around services,” he said.

Derrick Van Orden, a Trump-aligned Republican who represents a swing district in Wisconsin, spoke during the listening session of his family’s struggle with poverty and reliance on food stamps when he was a child. While he acknowledges some flaws in the current system, he said, “I’m a member of Congress because of these programs.”

“There’s a lot of people who have not gone to bed hungry at night, and I have. And there’s no place for that in America,” Van Orden said.



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