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The Dictatorship

Homelessness has hit record levels. The solution is right in front of us.

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Homelessness has hit record levels. The solution is right in front of us.

It seems only fitting that a year like 2024 should end with one last bleak milestone. Late last week, the U.S. Department of Housing and Urban Development released the top line numbers from its annual “point-in-time” homeless count, conducted on a single night last January. The headline makes for grim reading: Homelessness appears to have risen by 18% since last yearto the highest level since HUD began collecting this data in 2007. In other words, America’s already historic homelessness crisis has only become worse over the past several years.

Yet, HUD did register one bright spot in the darkness: Homelessness among military veterans has fallen to a record low. The story of how this happened can tell us a lot about what we need to do in order to end the larger crisis.

Progress on ending homelessness among military veterans slowed under Trump.

Though public efforts to combat homelessness receive some federal support, they tend to be coordinated at the local or regional level — if they are coordinated at all. Not so with efforts to house the homeless veteran population, which are overseen by the U.S. Department of Veterans Affairs. The VA follows an approach known as “Housing First,” which is exactly what it sounds like: program beneficiaries receive unconditional offers of permanent housing, along with access to voluntary “wraparound” services such as mental health care and addiction counseling.

Housing First is best understood in contrast with older “treatment first” models that treat permanent housing as a reward for submitting to treatment and exhibiting good behavior. A treatment first program may first transition an unsheltered person who struggles with addiction from the street into a shelter or sobering center, then require that person to demonstrate sobriety and “readiness” to receive permanent housing. A Housing First program will simply move that individual directly into permanent housing, on the assumption that someone who is stably housed has a better shot at defeating — or at least managing —  their other personal demons.

Researchers have studied Housing First programs for decades, and have consistently found that they are effective in getting people stably housed. The success of the VA’s housing first programs reinforces this finding. The first of these initiatives, the HUD-VA Supportive Housing programstarted out in 1992 as a small program, but Congress significantly expanded its scope beginning in 2008. By 2016, the VA had cut veteran homelessness by nearly half.

What happened next further confirmed that the Housing First approach was critical to achieving those reductions. Though federal commitment to Housing First had originally been a bipartisan issue — it was under President George W. Bush that housing first became federal policy — the Trump administration rejected the approach. Predictably, progress on ending veteran homelessness slowed under Trump: homelessness among veterans fell 35% between 2012 and 2016, according to HUD point-in-time databut only dropped by 6% between 2016 and 2020. When President Joe Biden’s administration revived the Housing First approach, the decline resumed its rapid clip even as nonveteran homelessness rose.

The welcome news about veteran homelessness should serve as a reminder that Housing First is the most valuable tool we have for getting individuals back into housing. This is a lesson that many politicians, including many Democrats, seem to have forgotten. California, where I live and do most of my work on housing and homelessness, is a case in point. During the pandemic, buoyed by unexpectedly high income tax revenues and a massive infusion of federal relief aid, the state dramatically expanded its Housing First-aligned efforts to get people housed.

The biggest obstacle to expanding Housing First beyond veterans is a lack of, well, housing.

All told, California spent roughly $24 billion over the next few years on efforts to combat homelessness, including the widely acclaimed Homekey program that converted empty hotels and other underutilized real estate into homeless housing. In February 2024, Gov. Gavin Newsom’s administration estimated that Homekey had created “over 15,300 units of housing to serve over 167,000 Californians.”

Needless to say, these investments did not end homelessness in California. Between 2020 and 2024, the state’s point-in-time counts registered an almost 16% increase in homelessness. This has led a number of observers — mostly, but not exclusively, from the right — to declare Housing First a failed strategy.

That verdict both elides the VA’s success and misdiagnoses the real problem with housing and homelessness policy in California — and the country as a whole. The challenge is one of scale. Homeless veterans are a relatively small, geographically dispersed population; the overall homeless population is much larger and highly concentrated in a handful of particularly expensive metropolitan areas. If we are going to end America’s modern homelessness crisis, cities and states must learn how to operate much larger Housing First programs at the regional level.

The biggest obstacle to expanding Housing First beyond veterans is a lack of, well, housing. Where homes are scarce, like in California, it is more difficult and more expensive to get people off the streets and into housing. To make matters worse, the same housing shortage fuels the homelessness crisis in the first place: scarcity leads to higher rents, which leads to more low-income people running out of housing options they can afford. In cities such as San Francisco and Los Angeles, the lack of housing means that residents are becoming homeless faster than local Housing First entities can rehouse them. (In 2022, San Francisco’s Department of Homelessness and Supportive Housing estimated that four households became homeless for every one that it was able to place back in housing.)

The VA’s experience demonstrates that Housing First works, but California’s failures show that expanding the program on a large scale requires addressing basic market conditions. The United States cannot address its homelessness crisis without simultaneously tackling its housing shortage, particularly in high-cost metropolitan areas.

Without significant land use reforms that remove existing barriers to housing development — barriers such as restrictive zoning, complicated permitting rules and arbitrary requirements that increase construction costs — any large-scale Housing First program will resemble bailing out a sinking ship with a measuring cup. Unless we repair the hole in the hull, we’re only going to keep sinking.

Ned Resnikoff

Ned Resnikoff is the policy director for California YIMBY, and the former policy manager for the UCSF Benioff Homelessness and Housing Initiative. He lives in Berkeley, California.

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The Dictatorship

The Latest: Trump seeks help opening the Strait of Hormuz as Iran war chokes oil shipping

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The Latest: Trump seeks help opening the Strait of Hormuz as Iran war chokes oil shipping

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The Dictatorship

BBC asks a court to dismiss Trump’s $10 billion lawsuit

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BBC asks a court to dismiss Trump’s $10 billion lawsuit

LONDON (AP) — The BBC filed a motion Monday asking a U.S. court to dismiss President Donald Trump’s $10 billion lawsuit against it, warning that the case could have a “chilling effect” on robust reporting on public figures and events.

The suit was filed in a Florida court, but the British national broadcaster argued that the court did not have jurisdiction, nor could Trump show that the BBC intended to misrepresent him.

Trump filed a lawsuit in December over the way a BBC documentary edited a speech he gave on Jan. 6, 2021. The claim seeks $5 billion in damages for defamation and a further $5 billion for unfair trade practices.

Last month a judge at the federal court for the Southern District of Florida provisionally set a trial date for February 2027.

The BBC argued that the case should be thrown out because the documentary was never aired in Florida or the U.S.

“We have therefore challenged jurisdiction of the Florida court and filed a motion to dismiss the president’s claim,” the corporation said in a statement.

In a 34-page document, the BBC also argued that Trump failed to “plausibly allege facts showing that defendants knowingly intended to create a false impression.”

Trump’s case “falls well short of the high bar of actual malice,” it said.

The document further claimed that “the chilling effect is clear” when Trump is “among the most powerful and high-profile individuals in the world, on whose activities the BBC reports every day.”

“Early dismissal is favoured given the powerful interest in ensuring that free speech is not unduly burdened by the necessity of defending against expensive yet groundless litigation, which would constrict the breathing space needed to ensure robust reporting on public figures and events,” it said.

The documentary — titled “Trump: A Second Chance?” — was aired days before the 2024 U.S. presidential election.

The program spliced together three quotes from two sections of a speech Trump made on Jan. 6, 2021, into what appeared to be one quote, in which Trump appeared to explicitly encourage his supporters to storm the Capitol building.

Among the parts cut out was a section where Trump said he wanted supporters to demonstrate peacefully.

Trump’s lawsuit accuses the BBC of broadcasting a “false, defamatory, deceptive, disparaging, inflammatory, and malicious depiction” of him, and called it “a brazen attempt to interfere in and influence” the 2024 U.S. presidential election.

The broadcaster’s chairman has apologized to Trump over the edit of the speech, admitting that it gave “the impression of a direct call for violent action.” But the BBC rejects claims it defamed him. The furor triggered the resignations of the BBC’s top executive and its head of news last year.

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The Dictatorship

The DOJ’s ethics proposal would have a corrupt fox guarding the henhouse

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State bar associations play an important accountability role across the country. Trump administration lawyers know that their legal licenses are subject to censure, because practicing law in the United States remains a privilege, not a right. But if Attorney General Pam Bondi has her way, even this guardrail could disappear.

Last week, Bondi proposed a new rule that would allow the Department of Justice to take over investigations of alleged attorney misconduct of its own lawyers. State bar authorities would have to pause their investigations while the Justice Department conducts its own probe. The rule gives the DOJ the ability to delay or even derail a state investigation.

The rule gives the DOJ the ability to delay or even derail a state investigation.

It doesn’t feel like a coincidence that there has been a series of state ethics complaints filed against Trump administration lawyers, including Bondi, Deputy Attorney General Todd Blanche and federal prosecutors handling immigration cases. President Donald Trump’s polarizing pardon attorney Ed Martin is currently facing just such a complaint from the D.C. Bar.

As outlined in the Federal Registerthe proposal argues that “political activists have weaponized the bar complaint and investigation process.” Of course, even if it were true that frivolous complaints were being filed against Justice Department lawyers, state bar grievance authorities should be able to weed them out just as effectively as the department’s own investigators. In fact, having an independent review process would provide more credibility than the DOJ would in dismissing such claims.

Federal law requires all federal prosecutors to comply with the ethics rules of the state where they practice law, including the District of Columbia. The new rule requires Justice Department lawyers to obey the substance of their state’s ethics rules, but gives the DOJ the authority to investigate violations. According to the proposal, whenever a bar grievance is filed, “the Department will have the right to review the allegations in the first instance and shall request that the bar disciplinary authority suspend any parallel investigations until the completion of the Department’s review.”

From there, multiple scenarios are possible. First, “if the Attorney General decides not to complete her review,” the state bar disciplinary authorities “may resume their investigations or disciplinary hearings.” Second, if the attorney general finds misconduct, “the State bar disciplinary authorities will then have the option of beginning or resuming their investigations or disciplinary proceedings” and, if appropriate, “to impose additional sanctions beyond those already imposed by the Department, including suspension or permanent disbarment.”

But what is missing from the language of the rule itself is a potential third scenario. What if the attorney general clears the attorney of misconduct? On that, the rule is silent.

Say, for example, a federal prosecutor in Minnesota is accused of making false representations to an immigration judge. The judge or opposing party could file a grievance with the Minnesota Office of Lawyers Professional Responsibility. Under the new rule, the state bar would be required to stand down and await a DOJ investigation, with no provisions for time limits or transparency. Of course, even the delay could compromise the subsequent Minnesota probe. But if the Justice Department clears the lawyer, it is also unclear what happens next. According to Bloomberg“If the DOJ finds no violation, that blocks the state from investigating the alleged infraction.” This conclusion may be a fair inference for a department that has thrown its weight around. According to the proposed rule, “the Attorney General retains the discretion to displace State bar enforcement and to create an entirely Federal enforcement mechanism.”

But even if the rule merely delays state enforcement, the DOJ could slow-walk a grievance into oblivion. According to a comment posted by the Illinois State Bar Association, the DOJ is attempting to “shield” its lawyers from accountability. The proposed rule also includes an ominous provision that if bar disciplinary authorities refuse the attorney general’s request, “the Department shall take appropriate action to prevent the bar disciplinary authorities from interfering with the Attorney General’s review of the allegations.”

Even if the rule merely delays state enforcement, the DOJ could slow-walk a grievance into oblivion.

In the decades since the Watergate scandal, the Justice Department has conducted robust investigations of allegations of ethical misconduct by its own attorneys and imposed discipline. In fact, it was common for state bar authorities to wait for the DOJ to complete its investigations before initiating their own probes, because the federal process held attorneys to standards even higher than state ethics rules. But that landscape changed last year, when Bondi fired the head of the department’s Office of Professional Responsibility and its chief ethics officer. Now there is a risk that DOJ lawyers will be even further sheltered from meaningful ethical oversight.

In the first nine days of the 30-day notice and comment period, the proposed rule has attracted more than 30,000 comments. And once implemented, the rule will no doubt invite legal challenges and ultimately could be struck down. But until then, it threatens to give carte blanche to DOJ lawyers who represent the Trump administration not just zealously but with impunity, knowing that the attorney general can simply delay or even block state bar ethics complaints. And the rule represents one more openly regressive blow against the checks and balances that are essential to democracy.

Barbara McQuade is a former Michigan U.S. attorney and legal analyst.

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