JACKSON, Wyo. — One of the last times Gabby Petito was seen alive involved an argument between Brian Laundrie and wait staff at a Jackson Hole restaurant, according to a pair of witnesses from New Orleans.

“I have chills right now,” Nina Celie Angelo told Fox News Digital Wednesday. “It’s crazy because it wasn’t just like we passed them on the street — it was a full blown incident.”

Angelo told Fox News she and her boyfriend, Matthew England, were in town for a wedding in late August. They were out to lunch at Merry Piglets, a Tex-Mex restaurant, between 1 and 2 p.m. on Aug. 27, when they said Laundrie began arguing with a waitress. Four and a half hours later, a travel-blogging couple passed Petito’s van at a campsite north of town.

Travel blogger captured video of Petito van during Wyoming trip

Angelo, a photographer, said she couldn’t overhear the conversation but that she believed Laundrie was arguing with staff over the bill or about money. She described his body language as “aggressive” and said he left and returned about four times.

At one point, Petito came inside and apologized for Laundrie’s behavior, Angelo said.

England told Fox News that he reported the incident to the FBI and that Petito appeared “visibly upset” with Laundrie as he hounded staff at the Merry Piglets Tex-Mex restaurant.

Petito case sheds light on domestic violence in Utah

The incident happened two days after Petito’s final Instagram post in Ogden, Utah and roughly two weeks after we reported that a witness called 911 about a domestic fight between Petito and Laundrie in Moab, Utah.

Angelo and England said bodycam video of the police response matched the mannerisms and body language of Petito and Laundrie they witnessed firsthand. Laundrie was also wearing clothes England said he recognized from the video and “looked kind of like he had been living out in a van for a little while.”

Body cam footage released by Moab police shows the aftermath of a fight between Gabby Petito and her boyfriend Brain Laundrie two weeks before she disappeared.

“I spent the last three or four days really kind of racking my brain,” he told Fox News Wednesday. “And I woke up this morning and went to Facebook, and there was that video with the police on it, right away. That was the couple.”

Then it clicked.

“I would bet $10 million, I’m 1,000 percent sure that was him and that was her,” he said.

Aug. 27, the day of the alleged restaurant incident, is the same day Petito last made contact with her friends and family.

On August 29, a woman publicly claimed that she and her boyfriend gave Laundrie a ride and that Laundrie claimed he’d been camping by himself for multiple days while Petito was at their van working on social media posts.

“Her account is plausible, it appears,” North Port police spokesperson Josh Taylor said.

On September 1, Laundrie arrived at his parent’s Florida home alone with the van that he and Petito were traveling in. He retained a lawyer and refused to speak with police.

On September 11, Petito’s family officially reported her missing to authorities.

On September 17, after several days of both Petito’s family and police pleading with Laundrie’s family to cooperate in the investigation, Laundrie’s family requested police come to their home, where they shared they haven’t seen Brian since September 14.

Homicide confirmed as autopsy shows remains found are those of Gabby Petito

On Sunday, the FBI discovered Petito’s remains at a campsite north of Jackson Hole.

For more on this story visit Fox News.

Source Article from https://www.fox13now.com/news/local-news/eyewitnesses-say-brian-laundrie-argued-in-wyoming-restaurant-hours-before-gabby-petito-vanished

“Just based on science, on fact, we are the number one continent [in vaccinations per capita]. Better than everyone else,” he said. “And you put us on the list with Iran, China, Brazil — is there a rationale behind it?

Source Article from https://www.washingtonpost.com/politics/biden-and-french-president-macron-to-hold-peacemaking-call-wednesday/2021/09/22/4fe3cd60-1bae-11ec-bcb8-0cb135811007_story.html

Washington — The House on Tuesday passed a short-term government funding bill that includes a provision to suspend the debt limit and directs billions of dollars to efforts to relocate Afghan refugees and for disaster relief following recent hurricanes and wildfires.

The measure, the text of which was released earlier Tuesday, cleared the House in a party-line vote of 220 to 211. It now heads to the Senate, where Republicans have vowed to oppose the package.

The 93-page bill, known as a continuing resolution, maintains current federal funding levels through December 3 and includes a suspension of the debt limit through December 16, 2022. If passed by the House and Senate, lawmakers would avoid two fiscal crises they are facing in the coming weeks: a partial government shutdown and defaulting on the nation’s debts, which Biden administration officials have warned would have catastrophic economic consequences

But approval by the upper chamber appears to face long odds, as GOP senators have said any action to hike or suspend the debt limit must be taken by Democrats alone, especially as they prepare to usher through Congress a massive $3.5 trillion social spending package that is a cornerstone of President Biden’s economic agenda.

Because Democrats only control 50 seats in the Senate, they would need support from at least 10 Republicans in order for the short-term funding bill to advance in the upper chamber.

The legislation that passed the House also provides $28.6 billion in disaster aid to address recent hurricanes, wildfires and droughts, as well as other natural disasters, and $6.3 billion to support relocation efforts of Afghans who fled Kabul after the Taliban’s rapid takeover of Afghanistan.

“It is critical that Congress swiftly pass this legislation to support critical education, health, housing and public safety programs and provide emergency help for disaster survivors and Afghan evacuees,” Congresswoman Rosa DeLauro, a Democrat from Connecticut who chairs the House Appropriations Committee, said in a statement.

While DeLauro unveiled the bill Tuesday morning, she was forced to introduce a revised version after progressive lawmakers objected to a provision providing $1 billion for Israel’s Iron Dome defense system. The funding was ultimately stripped from the measure amid the progressives’ pushback, and a spokesperson for the House Appropriations Committee said the funding for the Iron Dome will be included in a defense appropriations bill instead.

The House and Senate returned to Washington on Monday following a weeks-long recess and were immediately confronted with a lengthy legislative to-do list and fast-approaching deadlines.

Government funding is set to lapse September 30, and a failure by Congress to approve a must-pass funding bill by the end of the month will lead to a partial government shutdown as the country continues battling the coronavirus-pandemic.

The Treasury Department also estimates the federal government’s borrowing authority will expire in October, and inaction from Congress would lead the U.S. to default on its debts, the Biden administration has warned.

Pelosi and Senate Majority Leader Chuck Schumer announced Monday the short-term funding measure would include a suspension of the debt limit and have said a vote to suspend or raise the debt ceiling should be bipartisan.

But the inclusion of the debt limit suspension tees up a clash with Republicans in the Senate as the deadlines for Congress to both extend government funding and avoid the U.S. defaulting on its debts nears. Senate Minority Leader Mitch McConnell has repeatedly said Democrats will not get help from Republicans with hiking the debt limit.

“The debt ceiling will be raised as it always should be, but it will be raised by the Democrats,” he told reporters Tuesday.

McConnell said Senate Republicans would support a continuing resolution that included disaster assistance for Louisiana, which was hit hard in recent weeks by hurricanes, and funds for the Iron Dome.

On the House side, Minority Whip Steve Scalise of Louisiana rallied Republicans to vote against the legislation with the debt limit suspension included, a person familiar with the plans confirmed to CBS News.

Zak Hudak contributed reporting.

Source Article from https://www.cbsnews.com/news/debt-ceiling-government-shutdown-short-term-funding-bill-house/

Rep. Karen Bass, D-Calif., Sen. Tim Scott, R-S.C., and Sen. Cory Booker, D-N.J. have been leading bipartisan negotiations over policing reform for months. Those talks have now ended with no agreement.

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Rep. Karen Bass, D-Calif., Sen. Tim Scott, R-S.C., and Sen. Cory Booker, D-N.J. have been leading bipartisan negotiations over policing reform for months. Those talks have now ended with no agreement.

Drew Angerer/Getty Images

Months of bipartisan negotiations over policing reform legislation have ended with no agreement, according to the lawmakers who led the process.

New Jersey Sen. Cory Booker, a Democrat, told reporters that he had a conversation on Wednesday with Republican negotiator, Sen. Tim Scott of South Carolina, indicating that the talks were over.

“We weren’t making progress — any more meaningful progress on establishing really substantive reform to America’s policing,” Booker said.

The news was first reported by the Wall Street Journal.

After a Minneapolis jury found a white police officer who killed George Floyd guilty of murder in April, lawmakers in both parties had expressed cautious optimism that they could broker a deal. Lawmakers said they believed that the verdict would provide new momentum to reach a compromise.

But the negotiators, which included Booker, Scott and Democratic Rep. Karen Bass of California, were unable to reach an agreement on a number of issues, including how to address the legal doctrine known as “qualified immunity,” which shields police officers from civil lawsuits.

Booker said that negotiators were able to pull off some “pretty big accomplishments,” but that it was “clear that we were not making the progress that we needed to make.”

“The effort from the very beginning was to get police reform that would raise professional standards, police reform that would create a lot more transparency and then police reform that would create accountability,” Booker said. “And we were not able to come to agreement on those three big areas.”

In a statement, Bass said that Democrats “accepted significant compromises, knowing that they would be a tough sell to our community,” but added that “every time, more was demanded to the point that there would be no progress made in the bill that we were left discussing.”

She said that policing overhaul legislation now requires a “re-engagement of the legislative process.”

But Scott, the lead Republican negotiator, said that Democrats had walked away from negotiations and rejected his offer to introduce a bill that included ideas that Democrats and Republicans agreed on. In a separate statement, Scott said that Democrats “could not let go of their push to defund our law enforcement.”

“Crime will continue to increase while safety decreases, and more officers are going to walk away from the force because my negotiating partners walked away from the table,” Scott said.

While some activists have called for slashing funding for police departments or disbanding them entirely, that notion has not found widespread support among Congressional Democrats.

President Biden had initially called on lawmakers to reach a compromise by the first anniversary of the murder of George Floyd. But that May 25 deadline came and went without any breakthrough.

Biden said in a statement on Wednesday that he still hopes to sign a “comprehensive and meaningful police reform bill” into law, because legislation is necessary for “lasting and meaningful change.”

“But this moment demands action, and we cannot allow those who stand in the way of progress to prevent us from answering the call,” he added.

Biden said that in the coming weeks the White House would engage with key groups, including law enforcement and civil rights leaders, to discuss “a path forward.”

Biden said that those discussions would include “potential executive actions,” but did not detail what those might include.

Civil rights leaders and policing reform advocates on Wednesday expressed their frustration that talks had broken down with no agreement, despite months of work.

“In a year unlike any other, when the American people spoke up, marched, and demanded reforms in policing, law enforcement unions and partisan politicians chose to stand on the wrong side of history,” said Derrick Johnson, the president of the NAACP. “They have chosen to stand with those who have lynched the very people they are meant to protect and serve.”

Johnson called it “disheartening that there is a lack of courage and bravery to bring about true reform.”

The Rev. Al Sharpton called the lack of an agreement “appalling and unacceptable.”

“To have a weak bill would make a mockery of the murder of Floyd and those of us that fought for his family,” he added.

The House passed its own policing reform bill, the George Floyd Justice in Policing Act in February, with almost exclusively Democratic votes.

That legislation sought to prohibit racial profiling by police, ban the use of chokeholds and no-knock warrants, and make it easier for police officers to be criminally charged for civil rights violations, among other things. It also would have allowed victims of misconduct to sue officers. But that legislation faced steep Republican opposition in the Senate.

Missouri Democratic Rep. Cori Bush, who was an activist leader in Ferguson, Mo., where Michael Brown was killed by a white police officer in 2014, said she was “disgusted” to learn that negotiations had broken down.

“The George Floyd Justice In Policing Act, it may not have been everything that we wanted it to be, but we need to get something, we need to make sure that ending qualified immunity happens in our communities,” Bush said in an interview with All Things Considered host Audie Cornish.

Bush said that she believed there was still an opportunity to pass policing reform legislation, but noted that she had not personally been involved in the recent negotiations.

“This is just the beginning. I was not at the table, I’m not coming against anybody who was at the table,” she said. “And I don’t believe that there were bad faith actors, but I do believe that adding to who was at the table, that could have been done differently.”

NPR’s Lynn Kim, Ashley Brown and Elena Burnett contributed reporting.

Source Article from https://www.npr.org/2021/09/22/1039718450/congressional-negotiators-have-failed-to-reach-a-deal-on-police-reform

TALLAHASSEE, Fla. – Florida’s new Surgeon General, Dr. Joseph Ladapo, issued a new emergency rule Wednesday that states parents must be the ones to decide whether their asymptomatic children need to quarantine if they have been exposed to someone who tested positive for the coronavirus.

Gov. Ron DeSantis said parents were concerned about rules that would quarantine healthy students and prevent them from having a “normal functioning school year” and inconvenience their parents. He said parents will be notified of the test result.

“Quarantining healthy students is incredibly damaging … it’s also incredibly disruptive,” DeSantis said during a news conference in Osceola County.

Commissioner of Education Richard Corcoran celebrated the end of “chronic absenteeism” and he said he was grateful for DeSantis and Ladapo’s decision to issue a “common sense” rule.

Under the rule, parents or legal guardians will decide whether their child “attends school, school-sponsored activities, or be on school property, without restrictions or disparate treatment, so long as the student remains asymptomatic.”

“It’s also important to respect the rights of parents,” Ladapo said.

Parents and legal guardians may also choose to have their child quarantine for up to seven days from the date of last direct contact with the person who tested positive.

“We do encourage everybody to monitor closely for symptoms,” Osceola County Public Schools Superintendent Debra Pace said.

The emergency rule, however, states that students must stay home from school if they are sick and quarantine if they test positive for the virus until they receive a negative COVID-19 test and are no longer symptomatic, or 10 days have passed since their symptoms began.

The student may also return to school if they receive written permission from a doctor or advanced nurse practitioner.

The new rule replaces a previous one that required students to quarantine for at least four days after being exposed to someone who had tested positive.

The emergency rule immediately went into effect after being issued Wednesday.

Watch the news conference

READ FULL EMERGENCY RULE BELOW:

Source Article from https://www.local10.com/news/local/2021/09/22/new-fla-surgeon-general-parents-must-decide-whether-asymptomatic-kids-exposed-to-covid-should-quarantine/

Source Article from https://www.usatoday.com/story/news/nation/2021/09/22/search-brian-laundrie-after-gabby-petito-autopsy-suggests-homicide/5810621001/

Notably absent from the list were Mnuchin and other former treasury secretaries, such as John Snow. Meanwhile, Trump on Wednesday issued a statement endorsing McConnell’s position, arguing, “The only powerful tool that Republicans have to negotiate with is the Debt Ceiling, and they would be both foolish and unpatriotic not to use it now.”

Source Article from https://www.washingtonpost.com/us-policy/2021/09/22/debt-ceiling-yellen-mnuchin-paulson/

Law enforcement agencies are continuing their search in the a Sarasota County, Fla., nature reserve for Brian Laundrie, a person of interest in the death of Gabby Petito. The families of Jelani Day and Daniel Robinson, who have been missing for weeks and months, respectively, are calling for more attention to be brought to their cases.

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Law enforcement agencies are continuing their search in the a Sarasota County, Fla., nature reserve for Brian Laundrie, a person of interest in the death of Gabby Petito. The families of Jelani Day and Daniel Robinson, who have been missing for weeks and months, respectively, are calling for more attention to be brought to their cases.

Octavio Jones/Getty Images

There’s been national focus over the last few days on the unfolding story of Gabby Petito, the 22-year-old white woman whose death was ruled a homicide on Tuesday, nearly two weeks after she was last seen on a cross-country road trip with her now-missing boyfriend.

Media coverage of the case is intense and, as some people have pointed out, disproportionate to the kind of attention typically given to missing Indigenous women and people of color.

The families of two Black men who have gone missing in recent months — Jelani Day and Daniel Robinson — are drawing attention to this disparity, and pleading for the public’s help in finding answers. Here are their stories.

Aspiring doctor Jelani Day was last seen in Illinois in August

Day, a 25-year-old Illinois State University graduate student, was reported missing by his family and a faculty member on Aug. 25, according to the Bloomington Police Department.

His family could not reach him after they spoke on the evening of Aug. 23, and he was last seen on surveillance video entering a retail store in Bloomington the morning of Aug. 24.

Police located Day’s car in a wooded area near the Illinois Valley YMCA in Peru on Aug. 26, with the clothing he was last seen wearing left inside.

Just over a week later, on Sept. 4, a team of police, fire and rescue officials found “an unidentified body just off the south bank of the Illinois River” while conducting an organized search of the LaSalle-Peru area.

Bloomington police said the following day that the LaSalle County Coroner’s Office had begun an investigation into the circumstances surrounding the person’s death, and that identification could take several days or weeks.

“We ask that people refrain from speculation as the investigation remains ongoing and could take considerable time,” they added.

Carmen Bolden Day told member station WGLT that the discovery of the body has seemingly brought her son’s case to a standstill. She said state police collected DNA samples from her family members on Sept. 6, but was told that their lab does not have the chemical needed to process them.

She also said that the Bloomington Police Department has only been able to devote one detective to the case, asking, “Once he stops, does that mean we stop looking for my son?”

BPD Officer John Fermon told the station that while one detective is assigned to lead the case, other staff members are directed to help with the investigation as necessary.

In an update on Monday, BPD said detectives are still “actively investigating the case” and sorting through tips. Their efforts include collecting and analyzing digital and physical evidence, locating and interviewing witnesses and searching for other leads, it added.

Bolden Day has spoken out on social media and interviews about the differences between her son’s case and that of Petito, noting at one point that Petito’s face was “plastered everywhere” and the FBI got involved after she had been missing for two days, but Day didn’t get that same attention after being missing for longer.

As she told WGLT, she is not arguing that Petito deserves less but that Day deserves more.

“I want them to look for my child like they’re looking for her,” she said tearfully in a local TV interview. “He is not a nobody, he is somebody, and I want him to come back home. I want them to give my son the same attention and it makes me mad because this young white girl is getting that attention, and my young Black son is not.”

Arizona geologist Daniel Robinson went missing in the desert in June

Robinson, 24, was last seen leaving a job site in Buckeye, Ariz., on June 23, and was reported missing later that day.

He was driving his 2017 blue/grey Jeep Renegade, and is believed to have been heading west into desert terrain, his father wrote on an online fundraising page.

David Robinson II wrote that his son, who moved to Phoenix for a job as a field geologist after graduating college in 2019, oversees many sites in remote desert areas and often travels long distances for work.

“Daniel has an innate passion for adventure and is known to travel inopportune moments,” David Robinson II wrote. “However, he always communicates with friends and family about his travel plans.”

A landowner found Robinson’s Jeep in a ravine on July 19, Buckeye police said, adding that it had “significant damage” and had not been clearly visible to search crews because of the rough terrain.

The vehicle appeared to have rolled and landed on its side, AZ Central reported, citing police. Its airbags were deployed, and evidence suggests Robinson was wearing a seatbelt at the time.

Police also said his clothes, cellphone, wallet and keys were found at the scene, and that foul play was not suspected given the state of the car.

On July 31, police said, a human skull was located in an area south of where the Jeep had been recovered.

Officials later determined the remains did not belong to Daniel, and said in their Sept. 16 update that no additional human remains — only animal bones — have been found since.

“Since his disappearance, the Buckeye Police Department has worked with outside agencies to search more than 70 square miles in an effort to locate Daniel,” police said. “Investigators have utilized UTVs, cadaver dogs, and air support including a drone and a helicopter.”

Robinson’s father, however, has publicly alleged that he is doing more to find his son than law enforcement is.

In an online petition, Robinson writes that Buckeye police are “unwilling to move beyond their theory which leads to non-action on their part,” and urges signatories to hold the department accountable for continuing to pursue answers.

He also calls for the missing person investigation to be changed to that of a criminal investigation, which he says would allow police to seek warrants based on any evidence obtained.

Robinson has created a separate online fundraising page to raise money for other efforts to locate his son, like printing flyers, hiring a private investigator, enlisting a desert search and rescue team and covering the cost of his Arizona hotel stay.

Robinson, who lives in South Carolina, wrote that he intends to stay in the area “until we have answers and bring Daniel home safely.”

Source Article from https://www.npr.org/2021/09/22/1039653626/jelani-day-daniel-robinson-missing-black-men-gabby-petito-case

POLITICO Dispatch: September 22

Bipartisanship? POLITICO’s Sabrina Rodriguez explains why both sides of the aisle are mad at Biden for his handling of the southern border.

In sharply visceral terms, the national Border Patrol union blasted the White House on Tuesday, characterizing it as inept for failing to have a plan in place to deal with the influx of some 15,000 migrants that left agents overwhelmed. Brandon Judd, president of the National Border Patrol Council provided text from emails he says the union had sent to the administration in June warning of an influx of migrants in Del Rio. In those texts, the union suggested a way to process the crowds more smoothly. But the response from management in the Border Patrol’s Del Rio sector, according to the union, was that “several other platforms are being considered which are more efficient.”

The Department of Homeland Security, which oversees the U.S. Border Patrol, did not have a response by deadline late Tuesday. Judd said Border Patrol agents are beyond frustrated.

“They knew this was coming, and they didn’t take the steps to mitigate this so now you’ve got a bunch of people that are sitting under a bridge in conditions — these are little tiny kids sitting under this bridge in deplorable conditions,” Judd said. “It looks like a warzone but in the United States. I’m completely, totally floored.”

As for the images that the White House had condemned on Tuesday, Judd said Border Patrol agents were simply using methods they were trained to use under the Biden administration. “We’re outnumbered by 200 to one. We’re put into a situation where we’re in between people — there’s a propensity for violence when there’s large crowds. We’re expected to control that,” Judd said. “We don’t strike anybody. We used the tactic we were trained with — and the White House vilified us.”

The cascading criticisms and calls for policy reversals underscored what the White House has long feared — that the issue of immigration is, for Biden, the equivalent of political quicksand. The president faces pressure from the left to grant asylum to immigrants at the border and reverse Trump-era policies over expulsions. But Republicans immediately characterized a spike in asylum seekers as Biden’s failure to secure the border.

During the 2020 campaign, Biden had promised to pursue a more humane immigration policy than his predecessor, Donald Trump. But his record in office has been mixed: continuing some of the policies of the last administration while pursuing comprehensive immigration reform. On Sunday, the White House and fellow Democrats were dealt a blow, when the Senate parliamentarian rejected a bid to include a pathway to legal status in the party’s social spending plan, further muddying Biden’s record on this front.

“This border has become like the ‘tough on crime’ [initiative] for this administration,” said Gyamfi, referring to the 1996 crime bill Biden sponsored. “The last thing that asylum seekers need is to be the sacrificial lambs for the effort to appear tough for right-leaning Democrats and moderate Republicans.”

Internally, administration officials say they have few good options to deal with the current situation at the border, save to continue the course of removing migrants and deterring future migration. Agencies are moving to send more Border Patrol and ICE agents to the Del Rio, Texas, area to help contain the overflow of people. The administration also added more outbound flights to Haiti with greater capacity, and the DHS was working to mitigate crowding and improve conditions for the migrants on U.S. soil, according to the White House.

The administration has also fought in court to keep the Trump-era Title 42 policy in place — a public health authority that first the Trump and now Biden administrations have used to expel the majority of migrants encountered at the border, citing the risks of the Covid-19 pandemic.

Rep. Henry Cuellar (D-Texas) said his colleagues who are calling for an end to deportations “don’t understand the border, don’t understand the frustration that my communities are going through.”

“Is there a frustration — and I don’t want to get into politics — among Democratic voters? Hell yeah,” Cuellar said, referring to Democratic voters in Texas. The dramatic increase this year in migrants crossing the border is “not normal for us,” he said. “And we live at the border.”

In the spotlight through it all has been Homeland Security Secretary Alejandro Mayorkas, who was dispatched to the border on Monday to tamp down frustration among Border Patrol agents while underscoring that he would not tolerate inhumane conditions at the camps.

Mayorkas testified before the Senate Homeland Security and Government Affairs Committee on Tuesday, telling members they could “expect to see dramatic results within the next 48 to 96” hours. He also is set to speak with Vice President Kamala Harris about horseback images, which she described as “horrible.”

“Human beings should never be treated that way, and I’m deeply troubled about it,” Harris said at a public event on Tuesday.

Images of thousands of Haitians living outdoors and wading through a river to move from the U.S. side of the border back to Mexico to buy food or supplies have dominated media coverage over the last several days. In Texas, Republican Gov. Greg Abbott railed against the Biden administration’s policies and contended it was local authorities who were rushing to mitigate the crisis rather than the White House.

But the pushback was just as fierce among Democrats, with several saying they were stunned that a president from their own party would usher people in despair onto flights and send them back to their countries of origin before allowing them to make their case before a judge.

“These aren’t migrants, they’re not undocumented immigrants — they’re asylum seekers,” said Sawyer Hackett, executive director of Julian Castro’s People First Future PAC, a group aimed at helping fund progressive candidates. “The administration’s use of Title 42 — the Trump era Title 42 policy to deny them the ability to make their legal right to an asylum claim — is wrong. It’s immoral, it shouldn’t happen.”

The coalition of civil and human rights advocates accused Biden of violating asylum rights and failing to uphold policies he championed during his presidential run and when first taking office.

“In recent weeks your Administration has violated asylum rights and refugee laws enacted by Congress and embraced policies that inflict cruelty on Black, Brown and Indigenous immigrant communities,” the letter states. “We fear that commitments made on the campaign trail — to uphold the United States’ domestic and international legal obligation to asylum, to end privatized detention, and to disentangle federal immigration enforcement from local law enforcement — are being shredded before our eyes.”

Source Article from https://www.politico.com/news/2021/09/22/biden-haitian-migrant-513561

The debate over the debt limit — often called the debt ceiling — is heating up again on Capitol Hill. But government officials, business leaders and economists are raising the alarms, saying not addressing it in a timely manner would be disastrous. 

What is the debt limit, and why do we have it?

The limit is the maximum amount the United States is allowed to borrow to pay its debts. If the amount of government debt hits that limit, and doesn’t lift the ceiling, the U.S. would be unable to pay what it owes and could default. When Congress raises or suspends the debt limit, it’s not greenlighting new spending — instead, it allows the Treasury to pay for spending it already approved.

The U.S. has had a debt ceiling for more than 100 years. It was first established in 1917 with the Second Liberty Bond Act and set at $11.5 billion. Prior to that, lawmakers had to approve every issuance of debt separately. Different kinds of debts were later consolidated under one aggregated debt limit in 1939, which was first set at $45 billion. The national debt ceiling has been raised or suspended more than 100 times since then, according to the Committee for a Responsible Federal Budget.

The debt limit was most recently addressed under President Donald Trump, when Congress passed bipartisan legislation that suspended it for two years. When that suspension expired in 2021, the amount borrowed during that time — roughly $6.5 trillion — was added to the previous debt limit of more than $22 trillion, bringing the limit to $28.5 trillion as of August 1.

What happens if Congress doesn’t raise the debt ceiling?

When the suspension expired, the Treasury Department began using so-called “extraordinary measures” to keep paying its bills. Such measures include suspending the sales of some Treasury securities and redeeming or suspending investments or reinvestments in some funds. 

When extraordinary measures are exhausted, the Treasury spends its cash on hand. When that runs out — which experts estimate could happen in October — the U.S. government would not be able to meet its debt obligations and would go into default. This has never happened in U.S. history.

If the U.S. government cannot pay its bills, millions of Americans would be affected. Social Security payments would not go out; U.S. troops and federal civilian employees would not be paid. Veterans could see compensation or pension payments lapse. And millions of Americans on food assistance would see benefits stop.

What happens if the U.S. defaults?

The U.S. defaulting would “likely precipitate a historic financial crisis that would compound the damage of the continuing public health emergency,” Treasury Secretary Janet Yellen wrote in the Wall Street Journal over the weekend. “Default could trigger a spike in interest rates, a steep drop in stock prices and other financial turmoil. Our current economic recovery would reverse into recession, with billions of dollars of growth and millions of jobs lost.”

On Tuesday, financial services firm Moody’s Analytics stated a default would be a “catastrophic blow” to the economic recovery, and said even if it was resolved quickly, Americans would pay for a default for generations. Its analysis showed if lawmakers remained at odds after the debt ceiling was breached, nearly 6 million jobs would be lost, the unemployment rate would climb back up to nearly 9% and stock prices would be cut by almost a third, wiping out $15 trillion in household wealth.

Even the threat of default can have financial consequences. In August 2011, the U.S. credit rating was downgraded from AA+ to AAA for the first time in history by Standard & Poor’s, just days after the Obama administration reached a deal with Congressional Republicans. The credit agency said the downgrade reflected its view that the “effectiveness, stability, and predictability” of American policymaking and political institutions had weakened at a time of ongoing challenges.

How does the debate between Democrats and Republicans stand?

For months, Democrats have been calling for a bipartisan approach to raising or suspending the debt ceiling. But Republicans have said Democrats would not have their support. 

On Monday, Democratic leaders announced they are including the debt ceiling in the stopgap spending bill to keep the government running into December. The move would suspend the debt limit through December 2022, meaning lawmakers would not need to address it until after the midterm election. 

But attempting to tie the debt limit to the government funding legislation, known as a continuing resolution, poses risks for lawmakers on both sides of the aisle. 

For Democrats, should the effort fail, it would not only mean challenges for the debt limit but could also result in a government shutdown at the end of the month. Republicans who vote against legislation that combines raising or suspending the debt limit with money risk going on the record as being in favor of a government shutdown. Combined legislation would also force members who are against changing the debt limit to also vote against provisions they do support — like disaster relief and money for Afghan refugees. 

After the plan was revealed, Senator Mitch McConnell reiterated raising the debt limit would not receive GOP support, in a release stating Republicans would vote for a clean continuing resolution with money for Afghan refugees and disaster relief but not to raise the debt limit. 

With a 50-50 split in the Senate, Democrats need 10 Republicans to vote in support of the legislation. McConnell had suggested Democrats include the debt ceiling provision in their budget reconciliation package, which would have allowed Democrats to suspend the debt limit without any GOP support. But Democrats are still calling for a bipartisan approach. What remains unclear with 10 days to go: Plan B.

Source Article from https://www.cbsnews.com/news/debt-ceiling-limit-congress-united-states-economy/

Good morning.

The FBI has confirmed that human remains found along the border of Grand Teton national park are those of 22-year-old Gabby Petito, who disappeared while on a cross-country road trip, and that her death was a homicide.

Petito’s body was found Sunday near an undeveloped camping area north-east of Jackson, Wyoming. The Teton county coroner, Brent Blue, did not disclose a cause of death pending final autopsy results, officials said Tuesday.

Petito disappeared while on a road trip with her fiance, who is now being sought by authorities in Florida. The FBI asked for anyone with information about Brian Laundrie’s possible role in Petito’s death to contact the agency.

The disappearance and death of Petito and the police hunt for her boyfriend have generated a whirlwind online, with a multitude of armchair detectives and others sharing tips and theories.

  • Where is Laundrie? Investigators do not know. His parents told them they last saw him a week ago. Before disappearing, Laundrie refused to speak with investigators about Petito’s whereabouts and retained a lawyer.

  • What have Petito’s family said? Before her body was found, her father, Joseph, said he wanted Laundrie to be held accountable for whatever part he played in his daughter’s disappearance, along with his family for protecting him.

Kamala Harris on expulsions at US border: ‘Human beings should never be treated that way’

Migrants continue to cross into US as Kamala Harris criticises treatment by border patrol. Photograph: Allison Dinner/EPA

Kamala Harris and Chuck Schumer have added their voices to criticism of the treatment of Haitian migrants at the US-Mexico border, some of whom have been corralled by US border patrol agents riding horses and allegedly wielding reins as whips.

Asked on Tuesday about footage of the incident, the vice-president said she supported investigations of the matter and intended to speak to the homeland security secretary, Alejandro Mayorkas.

Harris said: “What I saw depicted, those individuals on horseback treating human beings the way they were, was horrible … Human beings should never be treated that way. And I’m deeply troubled about it.”

On Tuesday in Washington, Schumer said the images of Haitians being treated with violence were “completely unacceptable” and said Joe Biden needed to seek accountability.

  • How many migrants are there in Texas? The number of migrants at the Del Rio Bridge peaked at 14,872 on Saturday, said Brandon Judd, president of the National Border Patrol Council.

  • Why did they leave Haiti? Some of those at the Del Rio camp said the recent earthquake and the assassination of President Jovenel Moïse had made them afraid to return.

  • What are the US and Mexico doing? The US has ramped up its exclusion effort. More than 6,000 migrants have been removed. On the other side of the border, Mexico has begun flights of its own.

Missouri couple who pointed guns at protesters may have law licenses revoked

Mark and Patricia McCloskey aim guns at Black Lives Matter protesters in St Louis on 28 June 2020. Photograph: Bill Greenblatt/UPI/REX/Shutterstock

Mark and Patricia McCloskey, a Missouri couple who pointed guns at protesters marching for racial justice last summer, could have their law licenses revoked.

According to court documents first reported by the Missouri radio station KCUR-FM, the Missouri chief disciplinary counsel, Alan Pratzel, asked the state supreme court to indefinitely suspend the licenses of the two personal injury lawyers. Pratzel’s office investigates ethical complaints against lawyers in Missouri.

In June 2020, protesters demonstrating about the murder of George Floyd were walking through the gated community on their way to the house of the then mayor of St Louis, Lyda Krewson. Widely circulated video showed Mark McCloskey pointing an AR-15 style rifle at them and his wife holding a semiautomatic pistol.

  • Were they ever convicted? Yes. Mark McCloskey pleaded guilty to misdemeanor fourth-degree assault and Patricia pleaded guilty to misdemeanor harassment. They were later pardoned.

  • Are they sorry for what they did? No. In fact, Mark McCloskey is now running for the Republican nomination to contest a US Senate seat next year, and campaign ads feature images of the confrontation with protesters.

Willie Garson, Sex and the City and White Collar actor, dies at 57

Stars have paid tribute to ‘dear, funny, kind man’ Willie Garson, who played Carrie Bradshaw’s friend Stanford in Sex and the City. Photograph: AP

Willie Garson, the actor best known for his role as Stanford Blatch in the original series of Sex and the City, has died at the age of 57.

Garson won the hearts of fans of the popular HBO series, which first aired in 1998 and ran for six seasons, playing Carrie Bradshaw’s closest male friend, the talent agent Stanford. Garson also appeared in the follow-up films Sex and the City and Sex and the City 2. He was recently reprising the role in a reboot of the TV series, And Just Like That, which is in production.

Information about the cause of Garson’s death has not been officially released, but Michael Patrick King, the executive producer of Sex and the City and And Just Like That, said in a statement on Tuesday that Garson had been sick.

“The Sex and the City family has lost one of its own. Our amazing Willie Garson,” King said.

  • Garson’s television career has included parts on some of the most high-profile shows from the 1990s and 2000s, including Twin Peaks, Friends and The X-Files.

  • His film credits include There’s Something About Mary, Being John Malkovich, Fever Pitch and Groundhog Day.

In other news …

Activision Blizzard employees call for changes in conditions for women and other marginalized groups, in Irvine, California, in July. Photograph: David McNew/AFP/Getty Images

Stat of the day: Boris Johnson admits he has six children

Johnson has a one-year-old child, Wilfred, with his wife, Carrie Johnson. The couple are now expecting another baby. Photograph: Mandel Ngan/AFP/Getty Images

The British prime minister has admitted for the first time that he has six children, claiming in an interview on US television that he “changes a lot of nappies”. Johnson, who has previously tended to avoid questions about his notoriously complex family life, has been divorced twice, and conceived a daughter during an extramarital relationship. It has been reported that Johnson could have conceived another child or children beyond those known about, but he has refused to discuss this. But when an NBC interviewer put to him that he has six children, he replied: “Yes.”

Don’t miss this: how did America end up with the world’s largest tiger population?

A nine-month-old Bengal tiger in a cage after being captured by authorities in Houston in May. Photograph: Francois Picard/AFP/Getty Images

There are about 10,000 tigers in the US. Thirty states allow private ownership of predatory exotics such as tigers. The requirements are deceptively simple: a USDA conservation label form and a $30 license. Nine states require no permit or license whatsoever. This allows virtually anyone to own, breed and sell tigers. While listed as “endangered” under the federal Endangered Species Act, the law allows private possession of captive-bred tigers as long as they’re used for “conservation”, but experts say no tigers bred in captivity are ever released. In 1900 there were about 100,000 tigers in the wild. Today, about 4,000 remain in a handful of nations. If none return to the wild, how does private possession of the feline benefit the species?

Climate check: the Dixie fire is almost out, but its inhospitable ‘moonscapes’ remain

The charred forest outside Greenville, California. The Dixie fire has burned more than a half million acres. Photograph: Terry Schmitt/UPI/Rex/Shutterstock

After more than two months, the battle to contain the Dixie fire – a behemoth blaze that swept nearly 1m acres, leveling mountain towns and blackening the conifer-covered landscape – is nearing its end. But even after the fire crews pack up, threats remain for the plants and animals that call this area home. Scientists are warning that the severity of today’s wildfires – which are fueled by warmer, drier conditions and an overabundance of parched vegetation – is making the recovery process increasingly challenging, sometimes for years after the flames are put out.

Want more environmental stories delivered to your inbox? Sign up to our Green Light newsletter to get the good, bad and essential news on the climate every week

Last thing: mathematicians discover music really can be infectious – like a virus

Electronica appears to be the most infectious music genre, according to the research. Photograph: Rafael Henrique/SOPA Images/REX/Shutterstock

New music download patterns appear to closely resemble epidemic curves for infectious disease, according to research. Dora Rosati, the lead author of the study and a former graduate in maths and statistics at McMaster University in Ontario, Canada, along with colleagues wondered whether they could learn anything about how songs become popular. The research, published in Proceedings of the Royal Society A: Mathematical and Physical Sciences, found mathematical tools used to study infectious diseases performed just as well when describing song download trends as it did when describing the spread of a disease through the population.

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Source Article from https://www.theguardian.com/us-news/2021/sep/22/first-thing-gabby-petito-death-ruled-a-homicide-by-coroner

(CNN)The FBI is asking for the public’s help in finding Gabby Petito’s fiancé Brian Laundrie after a coroner made an initial determination that Petito died by homicide.

    Source Article from https://www.cnn.com/2021/09/22/us/gabby-petito-brian-laundrie-update-wednesday/index.html

    How completely out of control is our southern border in Texas? For one example, on Friday, the Border Patrol checkpoint near El Indio, Texas, directly across the Rio Grande river from Mexico, was completely unmanned. There was nobody there. You could have driven a truck full of fentanyl or illegal aliens directly into the United States without being stopped or questioned or checked or anything. No doubt, people did that. Two days later, this Sunday, the border patrol checkpoint on US Highway 57 just east of Eagle Pass, Texas was also totally unmanned. Again, no one there. Eighteen-wheelers drove right over the bridge from a country in the middle of a drug war and sped off into the interior of the United States. God knows what was in those trucks. We’ll never know. Joe Biden really has opened our borders to the world. That’s not a Republican talking point. It is completely real. 

    Tonight, there are many more coming. Several large groups of Haitians are coming up from various countries in Latin America, where they have been living, to come here. To be perfectly clear: These are not refugees. They are not being persecuted by any government. That’s why they haven’t applied for asylum in any of the countries between Haiti and the United States. These are economic migrants — rich enough for a plane ticket and a smartphone, but eager for the free healthcare, education, housing vouchers, food stamps and much more Joe Biden has promised them if they make it. Of course, they’re coming from Haiti and the rest of the world. You would too. They’d be crazy not to come. Once they get here, the Biden administration plans to give them voting rights. That’s in the works right now. They could very well be choosing your president at some point down the road. This manufactured crisis is an attempt to change the demographics of the United States in order to give permanent power to the Democratic Party. That’s all it is, no matter what they tell you. 

    The Biden administration knew perfectly well this wave was on the way. A month ago, on August 21st, the Mexican newspaper “Milenio” reported that the first wave of Haitian migrants had arrived in Mexico – 30,000 of them. According to the paper, they weren’t docile or grateful to be in Mexico. Instead, they tried to storm government facilities. “Elements of the National Guard are guarding the installations of the offices of the Mexican Commission for Assistance to Refugees, after a fight among Haitian migrants who attempted to enter these installations by force,” the paper reported on August 5. “There were verbal aggressions and tension.” 

    ICE OFFICERS INJURED BY HAITIAN MIGRANTS AFTER DEPORTATION FLIGHTS LAND IN PORT-AU-PRINCE

    That was last month. This was the scene earlier today in Malpaso, Mexico:

    MATT RIVERS, CNN CORRESPONDENT: The goal for many is to make it to a place like here, seven hours away in the town of Malpaso, where there is fierce competition to get on the buses headed north. (migrants argue) Tensions boiling over at times. Arguments erupting outside of ticketing stations. These buses will eventually take them to the U.S., which is how recent scenes of thousands of Haitians trying to get into the U.S. came to be.

    Parts of our country are already very poor. Leave Martha’s Vineyard sometime, and you’ll discover that. America could be on the brink of getting much poorer. This is the last thing we need. And it was preventable, easily preventable. The U.S. holds tremendous sway over the Mexican economy. With a single phone call, Joe Biden could make sure that the Mexican government sent these migrants back where they came from. But Biden hasn’t called to do that. And he hasn’t because he wants them here, in the United States. So they’re coming. He did this on purpose. 

    Thousands of Haitians have swarmed the small town of Del Rio, Texas. As of this morning, there were close to 7,000 so-called “family units” under the bridge there. More than 300 of them included pregnant women. All of these migrants, says the Biden administration, will be allowed into the United States, no questions asked. The children born here will instantly become American citizens. None of these people, you should know, will undergo any kind of background check, like the background check you endure when you try to buy a .12 gauge, according to your Constitutional rights. None of them will be forced to abide by vaccine mandates. You need the shot to work as a nurse or for the sanitation department, or anywhere, but you don’t need a shot to come to our country illegally at the request of the Biden administration. 

    Virtually none of these migrants will ever be deported. Of the more than 3,000 illegal migrants processed in Del Rio on Sunday, only 327 were supposedly deported to Haiti, all of them single men and women. We haven’t, by the way, confirmed that. That’s just the claim. But even the official claim tells us more than 90% of these Haitians got effective amnesty immediately. They got on government buses to resettle in what was until recently your country. On Monday, Haitians on one of those buses revolted and took control of the vehicle. “They did break out of the bus, and they did escape,” one official told the Washington Examiner.

    Do things seem out of control? Well, that’s because they are. Just a few hours ago, the head of DHS, the man in charge of homeland security, explained to the United States Congress that, in fact, he has no idea how many foreign nationals are being resettled in American neighborhoods. And he didn’t seem bothered to admit that. 

    SEN. RON JOHNSON: How many people are being returned? How many people are being detained? How many people are being dispersed to all parts around America? 

    MAYORKAS: Uhh Senator I would be pleased to provide you with that data. 

    JOHNSON: I want them now, why don’t you have that information now? MAYORKAS: Senator I do not have that data. 

    JOHNSON: Why not? Why don’t you have that basic information? 

    MAYORKAS: Senator I want to be accurate.

    Because he doesn’t care. That’s why he doesn’t have the information. He doesn’t care. There’s nothing you can do about it. There’s nothing Ron Johnson, despite his best and noble efforts, can do about it. 

    KATIE PAVLICH: BORDER AGENTS HAVE BEEN SMEARED BY WHITE HOUSE

    So how could you defend this? If you believed in, let’s say, law, how would you defend what’s happening? Well, you couldn’t. There are illegal aliens, they’re not refugees. They are breaking federal law with the help of the federal government. How is that OK? No one in the Democratic Party bothers to explain how it’s ok. Instead, they deflect. They denounce anyone who asks and calls that person — can you guess? Here’s Ilhan Omar:

    REP. ILHAN OMAR (D-MN):  What we have seen was cruel, inhumane, and a violation of domestic laws and international laws. … We owe Haitians the right thing of allowing them to seek asylum here. … When it comes to our immigration policy, for so many years, cruelty has been very much embedded in it. There is obviously systematic racism at play here.

    Oh yeah. So it’s systematic racism to point out law-breaking by foreign nationals, says the lady who married her own brother in order to scam American immigration law. Now, somehow, Ilhan Omar is a “lawmaker” and she’s calling you a racist if you don’t like the fact that as a lawmaker, she’s openly subverting the laws of the country that rescued her from a refugee camp in Kenya. Right. That’s the new America. 

    And it’s not just Ilhan Omar that’s saying it. Here’s the top Democrat in the U.S. Senate:

    SCHUMER: Images of Haitian migrants being hit with whips and other forms of physical violence is completely unacceptable. … Right now I’m told there are 4 flights scheduled to deport these asylum seekers back to a country that cannot receive them. Such a decision defies common sense and common decency.  … So I urge President Biden and Secretary Mayorkas to immediately put a stop to these expulsions.

    These people are such liars. So here you have Chuck Schumer claiming there are, “images of Haitian migrants being hit with whips.” Well, that’s a distressing claim. Really? Where are these images? We checked and we couldn’t find a single picture like that. Instead, we saw Border Patrol officers using reins to control their horses. Horses have reins. Reins are not whips. Though, if you live in DuPont Circle, it’s possible you don’t know the difference:

    GEOFF BENNETT, MSNBC:  We saw that image of at least one border patrol agent using a whip and effectively trying to lasso some of the migrants. 

    JOY REID, MSNBC: I was not aware that whips which come from the slave era, slavery era, were part of the package that we issue to any sort of law enforcement or government-sanctioned personnel. 

    BRIANNA KEILAR, CNN: Disturbing new video and images taken at the border that appear to show law enforcement using aggressive tactics to confront migrants. 

    YAMICHE ALCINDOR, PBS: What they`re seeing is despicable, disgusting, cruel. Those are the words that I`ve been hearing from activists that I`ve been talking to. 

    CHRIS CUOMO: As an image, to me, it does smack of a bygone era, of slavery.

    It’s “slavery” to ride a horse through a crowd of people trying to invade our country. That guy went to Yale Law School, in case you’re wondering if the system is legitimate. 

    Chris Cuomo rarely gets the credit he deserves for being the single dumbest person on cable news. He makes Don L’Mon look like a particle physicist. But the Biden administration is nothing if not attentive to CNN. They write the script. So the DHS secretary accused his own officers of “weaponizing” their horses:

    MAYORKAS: One cannot weaponize a horse to aggressively attack a child. That is unacceptable. That is not what our policies and our training require. Please understand, let me be quite clear, that is not acceptable.

    So, there’s one of the country’s top law enforcement officers explaining to the former morning Zoo girl from AM radio in Yakima, WA that he’s offended by the idea of enforcing the law, because laws are racist, but only racist when applied to foreigners who are likely to support the left’s program. Waiting under the bridge in Del Rio tonight is the Democratic Party’s future electoral majority. That’s what it really is, and that’s why they’re protected. So they can do whatiever they want. 

    CLICK HERE TO GET THE FOX NEWS APP

    But what about you? You’re an American. You were born here, you remember a free and egalitarian America, where the same laws applied to everyone no matter what color they were? What about you? Are you allowed this latitude? No. You’re merely in the way. Keep your nose clean, Mr. American Citizen. Don your obedience mask, get your shot, pay your taxes and shut up. You’re yesterday’s constituency. No one cares what you think. That is the message.

    This article is adapted from Tucker Carlson’s opening commentary on the September 21, 2021 edition of “Tucker Carlson Tonight.”

    Source Article from https://www.foxnews.com/media/tucker-carlson-biden-border-crisis-illegal-immigrants

    Should Mr. Jones best Mr. Kemp in the primary (and if Ms. Abrams does decide to run), he would set up a historic race: the first time in modern U.S. history when both major parties nominated a Black candidate for governor.

    In 2018, Laura Kelly, a Democrat, won an unlikely victory in this blood-red state, thanks to the deep unpopularity of cuts to education spending by former Gov. Sam Brownback, a Republican, and the even deeper unpopularity of her opponent, Kris Kobach, the former Kansas secretary of state.

    Ms. Kelly had hoped to benefit from a tough two-man Republican primary between Jeff Colyer, a former lieutenant governor who served as governor for a year after Brownback resigned to take a job with the Trump administration, and Derek Schmidt, the state attorney general. But Mr. Colyer pulled out of the race last month after being diagnosed with prostate cancer.

    Until Mr. Colyer pulled out, analysts considered the race a tossup, and Ms. Kelly still has several advantages, not least of which is the still-painful memory of the Brownback years. But this is a state that Mr. Trump won by about 15 percentage points in 2020 — in fact, it’s the only 2022 race where a Democrat faces re-election in a Trump state.

    Like Arizona, Pennsylvania has been a centerpoint for false claims of voter fraud after the 2020 election. This continuing obsession on the right has in turn colored the Republican primary to replace the Democratic governor, Tom Wolf, who is term limited.

    Eight Republicans have declared their candidacy, though no one has emerged as a front-runner. All of them, to some degree, have embraced the pro-Trump cause, if not the specific claims about voter fraud. So far Lou Barletta, a former congressman, has attracted significant attention because of his hard-line immigration stance and name recognition, but it’s anyone’s race at this point.

    Only one Democrat, Josh Shapiro, the state attorney general, has entered the race, and it’s very likely to stay that way. With an open Senate seat drawing Democrats’ attention, Mr. Shapiro was able to stake a claim relatively early, and convince his party that a rally around his candidacy gave it the best shot at keeping the governor’s mansion.

    Source Article from https://www.nytimes.com/2021/09/21/us/politics/governor-races-2022.html

    • John Eastman is a lawyer and senior fellow at The Claremont Institute, a conservative think tank.
    • CNN this week published a two-page memo he wrote for Trump’s legal team.
    • A longer version, obtained by Insider, claims Mike Pence could have handed the election to Trump.

    A six-page memo, presented to former President Donald Trump’s legal team just days before January 6 — and obtained by Insider — details a right-wing lawyer’s argument for how the previous administration could remain in power despite losing the 2020 election.

    On Monday, CNN published a two-page memo from the attorney, John Eastman, that it said had been obtained by journalists Bob Woodward and Robert Costa and detailed in their new book, “Peril.”

    That document outlined a six-part plan for former Vice President Mike Pence to follow on January 6, arguing that the Constitution granted him the right to reject electors from states where Trump’s legal team falsely alleged there was significant voter fraud.

    But Eastman, a senior fellow at The Claremont Institute, a conservative think tank, told Insider that document was a “preliminary draft.” He provided a longer document — “the full memo,” dated January 3 and labeled “privileged and confidential”  — that expanded on the novel and extraordinary claim, made in the purported draft, that the 12 Amendment to the US Constitution empowered Vice President Mike Pence to not just count the votes from the Electoral College but unilaterally determine their legitimacy.

    “There is very solid legal authority, and historical precedent, for the view that the President of the Senate does the counting, including the resolution of disputed electoral votes,” Eastman wrote, stating that “all the Members of Congress can do is watch.”

    Under this scenario, Eastman maintained that Pence could decide to count “Trump electors” that had been approved by Republican-led state legislatures — even after those states had already sent a certified slate of electors, approved by their governors, for President Joe Biden.

    Even if there were not competing, pro-Trump slates, Eastman argued, Pence could thwart Biden’s victory by deciding for himself, “based on all the evidence and the letters from [pro-Trump] state legislators calling into question the executive certifications,” to not accept any slate.

    Kermit Roosevelt, an expert on constitutional questions at the University of Pennsylvania Carey School of Law, told Insider the arguments are shocking. “We knew this theory was out there, but it’s alarming to see that it was written up and presented to Trump’s legal team and presumably taken seriously by them,” he said.

    Roosevelt said that, while he did not doubt Eastman’s sincerity, he could not understand the reasoning.

    “Legally speaking, the analysis is bad,” he said. Even if there were dual slates of electors — there were not — “it’s a fringe view to say that the vice president gets to decide which is valid.”

    “I would say that this is a proposed coup cloaked in legal language,” Roosevelt added.

    In total, Eastman suggested Pence could reject slates of electors from seven battleground states, including Pennsylvania, Georgia, and Arizona, disenfranchising millions of voters. To bolster this argument, he claimed it was “a position in accord with that taken by Harvard Law Professor Laurence Tribe.” A former Obama administration official, Tribe had cowritten an article in September 2020 — on scenarios where Trump could attempt to subvert the will of voters — that noted elections are decided by who has a majority of electors that are “appointed,” not necessarily the majority of electors from all states.

    In a post on Twitter, Tribe accused Eastman of taking “snippets of my work wholly out of context.” He has never argued the vice president alone can determine the legitimacy of a state’s electors.

    Eastman, who told Insider he presented the memo to Trump’s lawyers, said he only intended to cite Tribe’s uncontroversial view that there is no minimum requirement for the number of electors that ultimately decide a presidential contest.

    Have a news tip? Email this reporter: cdavis@insider.com

    Source Article from https://www.businessinsider.com/memo-details-how-pence-could-hand-election-to-trump-exclusive-2021-9