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Biden Administration

Court rules in favor of Texas AG Ken Paxton, declares $1.7T omnibus package unconstitutional

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Texas Attorney General Ken Paxton receives huge win with court ruling delivered on Tuesday deeming the $1.7 trillion omnibus spending package passed in 2022 unconstitutional. This victory marks a pivotal moment in Paxton’s challenge against the legislation, highlighting concerns over the bill’s approval process.

The court’s decision underscores the legal complexities surrounding federal spending and legislative procedures, setting a precedent for future debates and challenges regarding government funding measures. Paxton’s success in contesting the omnibus spending package showcases the role of state attorneys general in upholding constitutional principles and ensuring adherence to legal frameworks within the realm of federal governance.

In December of the previous year, President Joe Biden signed the Consolidated Appropriations Act of 2023, consolidating the federal budget for the year by combining 12 annual appropriations bills into one piece of legislation. However, Texas Attorney General Ken Paxton contested the constitutionality of the bill’s passage in the House, arguing that less than half of its members were physically present to vote, with many voting by proxy. Paxton specifically challenged provisions in the bill that impacted Texas.

“Like many constitutional challenges, Texas asserts that this provision is unenforceable against it because Congress violated the Constitution in passing the law. In response, the defendants claim, among other things, that this Court has no power to address the issue because it cannot look to extrinsic evidence to question whether a bill became law,” the U.S. District Court for the Northern District of Texas, Lubbock Division wrote. “But because the Court is interpreting and enforcing the Constitution—rather than second-guessing a vote count—the Court disagrees. The Court concludes that, by including members who were indisputably absent in the quorum count, the Act at issue passed in violation of the Constitution’s Quorum Clause.”

Quorum Clause opinion

Article I, Section 5 of the U.S. Constitution states:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Paxton, for his part, celebrated the decision, saying that “Congress acted egregiously by passing the largest spending bill in U.S. history with fewer than half the members of the House bothering to do their jobs, show up, and vote in person.”

“Former Speaker Nancy Pelosi abused proxy voting under the pretext of COVID-19 to pass this law, then Biden signed it, knowing they violated the Constitution. This was a stunning violation of the rule of law. I am relieved the Court upheld the Constitution,” he concluded.

The Texas Public Policy Foundation served as co-counsel in the case.

“The Court correctly concluded that the Consolidated Appropriations Act of 2023 violated the Quorum Clause of the U.S. Constitution because a majority of House members was not physically present when the $1.7 trillion spending bill was passed. Proxy voting is unconstitutional,” TPPF senior attorney Matt Miller said.

Biden Administration

Secret Service Increased Security for Zelenskyy While Denying Security For Former President Trump

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Ukrainian President Volodymyr Zelenskyy’s trip to Washington in December 2022 was treated with the utmost importance, featuring extraordinary security measures. Hundreds of law enforcement and intelligence officials were activated, with the U.S. Secret Service leading the effort as Zelenskyy visited the White House and addressed Congress. From the moment he landed, Zelenskyy was accompanied by a Secret Service detail, and this protection continued until his departure. His motorcade was also provided by the Secret Service, assisted by local law enforcement.

Former Secret Service agent Don Mihalek explained that the agency is responsible for protecting all visiting foreign heads of state on U.S. soil. Zelenskyy’s visit was seen as particularly sensitive due to the ongoing war with Russia, raising concerns about potential threats from Russian agents or collaborators.

Security for Zelenskyy’s trip to Capitol Hill was akin to State of the Union preparations, with significant measures implemented. The Secret Service consulted with the Capitol Police, CIA, FBI, and other agencies to ensure safety. Every Capitol Police officer was on standby, given the potential threats.

In stark contrast, former President Donald Trump’s security detail has faced significant challenges in obtaining the same level of resources and personnel. Over the past two years, the Secret Service acknowledged denying multiple requests for increased security at Trump’s events. While the agency provided alternative measures, such as local sniper teams and hand-held magnetometers, Trump’s team felt these were insufficient and inadequate to address the security risks involved.

The recent attempted assassination of Trump at a rally in Butler, Pennsylvania, has intensified scrutiny. A sniper managed to get rooftop access roughly 150 meters from Trump’s position, raising serious questions about security lapses. Secret Service Director Kimberly Cheatle is facing calls for her resignation, including from House Speaker Mike Johnson.

Despite these assurances, the disparity in security measures for Zelenskyy and Trump has raised significant concerns about the Secret Service’s prioritization and ability to adequately protect high-profile individuals. Trump’s security detail and advisers have repeatedly voiced their frustrations over what they perceive as an unequal allocation of resources and attention.

The decision to prioritize Zelenskyy’s security to such an extent, while denying crucial security enhancements for a former U.S. president, suggests a troubling inconsistency in the Secret Service’s approach to protection. The assassination attempt on Trump highlights the severe consequences of these decisions and underscores the urgent need for a reassessment of priorities and resource allocation within the agency.

The handling of security for Trump, particularly in light of the recent assassination attempt, exposes significant gaps and inconsistencies within the Secret Service. As scrutiny intensifies, the agency must address these failures, ensure equitable security measures for all high-profile individuals, and restore confidence in its protective capabilities. Director Kimberly Cheatle’s leadership and decisions are now under intense examination, and calls for her resignation reflect the gravity of the situation and the demand for accountability.

SOURCES: ABC NEWS, WASHINGTON POST, CNN

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2024 Race

DNC to Proceed with Plan to Confirm Joe Biden as Presidential Nominee

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The Democratic National Committee (DNC) is moving forward with plans to confirm President Joe Biden as the party’s presidential nominee despite increasing calls for him to step aside. Amid internal turmoil over the party’s candidate for the upcoming election against former President Donald Trump, the DNC’s Rules Committee met on Friday, maintaining that everything is proceeding as planned.

The committee convened to discuss plans for a virtual roll call vote to formally nominate Biden weeks before the convention. While no votes were taken or decisions made, party leaders informed the nearly 200 committee members about the current process. The committee will meet again on Friday, July 26, to consider adopting the virtual roll call process, which would take place in the first week of August.

The virtual roll call idea has its detractors within the party, though the meeting saw little dissent. Questions arose about whether other candidates could be nominated during the virtual roll call. Technically, this is possible, but practically unlikely. The meeting started shortly after four Democratic members of Congress called on Biden to step aside.

Despite the growing calls for Biden to step down, party leaders, including DNC Chair Jaime Harrison, expressed their excitement to “renominate President Joe Biden and Vice President Kamala Harris” and promote the “Biden-Harris ticket.” Leah Daughtry, co-chair of the Rules Committee, and Alex Hornbrook, convention executive director, highlighted the planned events and the involvement of social media influencers to reach young voters.

The primary purpose of the meeting was to address a paperwork issue causing concern among Democrats. Parties typically nominate their candidates during live roll call votes at their national conventions. However, Ohio’s Aug. 7 deadline for submitting nominees conflicts with the Democratic convention’s Aug. 19 start date. Despite a legislative fix, the issue persists as the change won’t take effect until Sept. 1.

Ohio’s Republican Secretary of State Frank LaRose has stated that the discrepancy is not a problem, accusing Democrats of using Ohio as a scapegoat for their internal issues. However, Democrats worry that delaying Biden’s nomination could lead to litigation from Republicans, potentially jeopardizing his ballot access.

Some Democrats fear the virtual roll call is a strategy to shut down debates over Biden’s candidacy and secure his nomination. However, Biden holds significant control over the process, having won 99% of the pledged delegates during the primaries. His allies dominate the DNC, chosen for their loyalty.

Experts, including longtime DNC member Elaine Kamarck, suggest that Biden could still be replaced if he steps aside after the virtual roll call. “This doesn’t mean we’d be stuck with one person if that person isn’t willing to run,” Kamarck explained, noting that the Rules Committee could amend the process if necessary.

As the DNC moves forward with plans to confirm Biden as the nominee, the party faces internal debates and legal uncertainties. The upcoming meetings and the proposed virtual roll call will be crucial in determining the Democratic candidate for the November election against Trump.

SOURCE: NBC NEWS

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Biden Administration

Former Obama-Biden Advisor Claims “The First Amendment Is Out of Control,” Hinders Government Action

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In a controversial opinion piece published recently, Tim Wu, an advisor to both the Obama and Biden administrations, argued that the First Amendment is becoming a significant obstacle to effective governance. The essay, titled “The First Amendment is Out of Control,” has sparked widespread debate and criticism.

Wu’s argument centers on the assertion that the First Amendment, designed to protect free speech, is now being exploited by powerful entities, including Big Tech companies, to resist regulation and oversight. He cites recent Supreme Court rulings regarding Texas and Florida laws aimed at regulating social media platforms as examples of this exploitation.

According to Wu, the collaboration between the government and major social media platforms is often hindered by the First Amendment, which is used as a defense to protect free speech in digital public forums. He suggests that this constitutional protection is being misused to prevent necessary government action aimed at safeguarding citizens.

Critics, however, argue that Wu’s perspective misinterprets the fundamental purpose of the First Amendment. They contend that the amendment’s role is precisely to protect citizens from government overreach and censorship, ensuring that free speech remains a cornerstone of democracy. The idea that the First Amendment is an obstacle rather than a protector is seen by many as a dangerous and misguided interpretation.

Furthermore, Wu’s essay touches on the issue of banning platforms like TikTok and implementing age verification laws, such as California’s Age-Appropriate Design Code. He suggests that the First Amendment stands in the way of these actions, which he believes are necessary for national security and protecting minors online. Critics counter that these measures, if implemented, could set precedents for broader and potentially harmful censorship practices.

Wu’s reference to the First Amendment as a “suicide pact,” borrowing language from a 1949 dissenting opinion in the Terminiello v. City of Chicago case, underscores the dramatic tone of his argument. He suggests that the amendment, while intended to safeguard freedoms, can also be interpreted in ways that undermine societal safety and security.

In conclusion, Tim Wu’s essay has reignited the debate over the balance between free speech and governmental regulation. While Wu argues that the First Amendment’s current application hinders effective governance and protection of citizens, his critics maintain that the amendment is essential for safeguarding democratic principles and preventing government overreach. As this debate continues, the interpretation and application of the First Amendment remain at the forefront of discussions about free speech and public safety in the digital age.

SOURCE: NEW YORK TIMES

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