The Dictatorship
There’s a lot of craziness in D.C. right now. But you can safely ignore these stunts.
When I took a job years ago managing a website about Congress, I was shocked to discover that the most-searched bill was an obscure piece of legislation called the Blair Holt Act.
The bill, which would require gun licenses and background checks, was going nowhere. It had two sponsors in the House — one of whom was a nonvoting member representing the Virgin Islands. It didn’t have a companion bill in the Senate. It was what people in Washington call a “messaging bill” designed to signal to voters that the lawmaker takes a particular issue seriously. But every month, it was at the top of our Google Analytics.
In this case, the bill had inadvertently provoked another group of voters — gun owners who believed the Blair Holt Act was the first sign that the government was coming for their firearms. They were sharing the legislation on message boards and in conspiracy theory-minded emails, panicking over a bill that was never going to be signed into law.
As the president has signed executive orders right and left, some lawmakers seem to feel left out.
Now this dynamic is playing out in a novel fashion in President Donald Trump’s chaotic first two weeks in office. Normally members of Congress reserve messaging bills for closer to the next election. But as the president has signed executive orders right and left, some lawmakers seem to feel left out. They’re turning to messaging bills earlier to draw attention and getting more extreme than we’ve seen in the past. The worst of these aren’t so much messaging bills as the legislative equivalent of what people euphemistically call “trashposting” on the internet. And some of the president’s critics are falling for it.
In January, Rep. Anna Paulina Luna, R-Fla., filed a bill to direct the interior secretary to “arrange for the carving of the figure of President Donald J. Trump on Mount Rushmore.” The bill, which has no co-sponsors, was dutifully referred to a House committee, where it will die a quiet death. But in the meantime, Trump might hear about it and think nicely of Luna, or she can tout it on social media posts about triggering the libs.
That same month, Rep. Andy Ogles, R-Tenn., proposed a constitutional amendment to allow presidents to serve third terms — as long as their other two terms weren’t consecutive, a loophole that appears designed to give Trump a pass while keeping, say, Barack Obama, on the sidelines.
The bill, which also has zero co-sponsors, is about as serious as the Mount Rushmore proposal. If anything, it’s an even heavier lift than carving into the side of a mountain in South Dakota. A constitutional amendment requires approval by two-thirds of both chambers and ratification by three-fourths of states. That’s just not going to happen, much less in time for an 82-year-old Trump to run again in 2028.
In Ogles’ case, he might have another motive for trying to score points with Trump. A week after he filed his bill, federal prosecutors in Nashville withdrew from a criminal investigation into why Ogles misrepresented how much money he lent his campaign on federal forms. That case will now be handled entirely from the Justice Department’s Washington headquarters, which Trump has vowed to exert more control over.
Other lawmakers seem emboldened by Trump’s dramatic proposals to remake the federal government, and, to be honest, it’s understandable if the average voter can’t tell if they are serious or not. Here are a few more examples:
Rep. Andy Biggs of Arizona proposed a bill to abolish the Occupational Safety and Health Administration, which handles workplace safety (no co-sponsors).
Rep. Marjorie Taylor Greene of Georgia proposed two bills to “expunge” Trump’s first-term impeachments (10 co-sponsors each).
And Rep. Earl “Buddy” Carter of Georgia proposed a bill to abolish the IRS and enact a national sales tax (11 co-sponsors).
These bills aren’t going to pass. They’re interesting as a sign of the current thinking among the outer reaches of today’s Republican Party, but you don’t need to ever think about them again.
Amid the uncertainty of Trump’s second term, it’s important to take a breath, check the sources and make sure we’re not getting riled up over a messaging bill going nowhere. First, is it dramatic and easy to explain? Second, does it have almost no co-sponsors? If the answer to both questions is yes, then it’s a trashposting bill.
There are a lot of unnerving things going on in Washington these days. It’s important to save your attention — and your outrage — for the ones that are real.
Ryan Teague Beckwith is a newsletter editor for BLN. He has previously worked for such outlets as Time magazine, Bloomberg News and CQ Roll Call. He teaches journalism at Georgetown University’s School of Continuing Studies.
The Dictatorship
Justice Jackson chides ‘oblivious’ Supreme Court conservatives…
WASHINGTON (AP) — Supreme CourtJustice Ketanji Brown Jackson has delivered a sustained attack on her conservative colleagues’ use of emergency orders to benefit the Trump administration, calling the orders “scratch-paper musings” that can “seem oblivious and thus ring hollow.”
The court’s newest justice, Jackson delivered a lengthy assessment of roughly two dozen court orders issued last year that allowed President Donald Trump to put in place controversial policies on immigration, steep federal funding cuts and other topics, after lower courts found they were likely illegal.
While designed to be short-term, those orders have largely allowed Trump to move ahead — for now — with key parts of his sweeping agenda.
Jackson spoke for nearly an hour on Monday at Yale Law School, which posted a video of the event on Wednesday.
Last week, Justice Sonia Sotomayor similarly talked about emergency orders in an event Tuesday at the University of Alabama that also took issue with the conservatives’ approach.
Jackson has previously criticized the emergency orders both in dissenting opinions and in an unusual appearance with Justice Brett Kavanaugh last month. But her talk at Yale, addressing the public rather than the other eight justices, was notable.
She referred to orders, which often are issued with little or no explanation as “back-of-the-envelope, first-blush impressions of the merits of the legal issue.”
Worse still, she said, was that the court then insists that “those scratch-paper musings” be applied by lower courts in other cases.
The orders suffer from an additional problem, she said, a failure to acknowledge that real people are involved, making them “seem oblivious and thus ring hollow.”
She also pushed back on the court’s assessment that preventing the president from putting his policy in place also is a harm that often outweighs what the challengers to a policy might face.
“The president of the United States, though he may be harmed in an abstract way, he certainly isn’t harmed if what he wants to do is illegal,” Jackson said during a question-and-answer session with law school dean Cristina Rodriguez.
The court used to be reluctant to step into cases early in the legal process, she said. “There is value in avoiding having the court continually touching the third rail of every divisive policy issue in American life,” Jackson said.
While she said she couldn’t explain the change, “in recent years, the Supreme Court has taken a decidedly different approach to addressing emergency stay applications. It has been noticeably less restrained, especially with respect to pending cases that involve controversial matters.”
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Jackson, often joined by Sotomayor and Justice Elena Kagan, has frequently dissented.
There have been conversations about emergency orders among the justices, Jackson said, but she decided to speak publicly with the goal of being “a catalyst for change.”
Also on Wednesday, Sotomayor issued a rare public apology to another justice, Kavanaugh, for what she termed “hurtful comments” she made last week during an appearance at the University of Kansas law school.
Referencing an opinion Kavanaugh wrote in an immigration case where the court granted an emergency order sought by the administration, Sotomayor said her colleague “probably doesn’t really know any person who works by the hour.” Her remarks were reported by Bloomberg Law.
The Dictatorship
Trump threatens to fire Powell if the Fed Chair remains with central bank after his term ends
WASHINGTON (AP) — Federal prosecutors made an unannounced visit this week to a construction site at Federal Reserve headquarters that is the focus of an investigation into a $2.5 billion renovation projectaccording to two people familiar with the visit.
Two prosecutors and an investigator from U.S. Attorney Jeanine Pirro’s office were turned away on Tuesday by a building contractor and referred to Fed attorneys, one of the people said. The two people familiar with the visit spoke on condition of anonymity because they weren’t authorized to publicly discuss an ongoing investigation.
The visit underscores that the Trump administration is not backing down from its investigation of the Fed and its chair, Jerome Powell, even though the probe has delayed the confirmation of a new chair nominated by President Donald Trump. The investigation is focused on cost overruns and brief testimony about the project last summer by Powell. Trump confirmed in an interview that aired Wednesday on Fox Business that he wants to continue the probe.
Last month, during a closed-door hearing before a federal judge, a top deputy from Pirro’s office conceded that they hadn’t found any evidence of a crime in their investigation of the headquarters project.
Robert Hur, an attorney for the Federal Reserve board of governors, sent an email to Pirro’s prosecutors about their visit and their request for a “tour” to “check on progress” at the construction site. Hur’s email, which The Associated Press has viewed, noted that U.S. District Judge James Boasberg concluded that their interest in the Federal Reserve’s renovation project was “pretextual.”
AP AUDIO: Prosecutors sought access to Federal Reserve building as Trump threatens to fire Powell
AP Washington correspondent Sagar Meghani reports on more drama surrounding a federal probe of a massive construction project at the Federal Reserve’s headquarters.
“Should you wish to challenge that finding, the courts provide an avenue for you; it is not appropriate for you to try to circumvent it,” Hur wrote.
Republican Tillis is key vote
Sen. Thom Tillis, a North Carolina Republican who is a key member of the Senate Banking Committee, has vowed to vote against Kevin WarshTrump’s nominee to replace Powell as Fed chair, until the investigation is dropped. With the committee closely divided on partisan lines, Tillis’ opposition is enough to block Warsh from receiving the committee’s approval.
Tillis on Wednesday criticized the investigation as “bogus, ill-timed, ill-informed” and repeated that seven Republican members of the banking panel have said they do not believe Powell committed a crime when he testified last June.
Tillis also said there aren’t enough votes on the committee or in the broader Senate to do an end-run around the committee and get Warsh confirmed some other way.
“There really is no path,” he told reporters, adding that Pirro and her aides were “asleep at the switch” because the investigation has essentially delayed Powell’s departure from the Fed, despite Trump’s obsessive criticism of the Fed chair. Powell has now said he won’t leave until the investigation is resolved.
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Tillis suggested Pirro blindsided the White House with her investigation. “They should have consulted with the White House, because I’m sure if they would have, (the White House) would have said, ‘no, we can wait,’” until Powell steps down.
But Kevin Hassett, the Trump administration’s top economist, said Wednesday that the Justice Department got involved because “the president wanted to investigate the cost overrun,” Axios reported.
The Banking panel said Tuesday that it will hold a hearing on Warsh’s nomination April 21. Powell’s term as Fed chair ends May 15, but Powell said last month he would remain as chair until a replacement is named.
Powell is serving a separate term as a member of the Fed’s governing board that lasts until January 2028. Chairs typically leave the board when their terms as chair end, but they can remain on the board if they choose. Powell has said he won’t leave until the investigation is resolved. If he remains it would deny Trump the opportunity to appoint someone else to the seven-member board.
Late Tuesday Tillis posted a link on social media to The Wall Street Journal’s article on the visit below an image of the Three Stooges and wrote, “The U.S. Attorney’s Office for D.C. at the crime scene.”
Investigation centers on building renovations
The investigation centers on an appearance by Powell before the Banking Committee last June, when he was asked about cost overruns on the renovations. The most recent estimates from the Fed suggest the current estimated cost of $2.5 billion is about $600 million higher than a 2022 estimate of $1.9 billion.
“It is probably corrupt, but what it really is, is incompetent,” Trump said. “Don’t you think we have to find out what happened there?”
The president’s support for the investigation threatens a timeframe set out by Sen. Tim Scott, a South Carolina Republican who chairs the Banking Committee. Scott said Tuesday on Fox Business that he believed the investigation would be “wrapped up in the next few weeks,” allowing Warsh to be confirmed soon after.
Threat to fire Powell
News of the unannounced visit by prosecutors comes as Trump has again threatened to fire Powell, if the Federal Reserve Chair decides to stay on the central bank’s governing board after his term as chair expires next month.
“Well then I’ll have to fire him, OK?” Trump said.
Trump has for months wanted to remove Powell, saying he has been too slow in orchestrating interest rate cuts that would give the U.S. economy a quick boost. Powell has said the investigation is a pretext to undermine the Fed’s independence to set rates.
Sen. Josh Hawley, a Missouri Republican, said Trump can only fire Powell “for cause,” meaning some kind of misconduct, “so that’s a pretty tall order.”
Supreme Court weighing another Trump removal
Trump’s threat to fire Powell comes as the Supreme Court is weighing the president’s effort to remove another central bank governor, Lisa Cook. Lower courts have so far allowed Cook to remain in her job while her legal challenge to the firing continues. The Supreme Court also seemed likely to keep her on the Fed when the court heard arguments in January. A decision could come any time.
The issue in Cook’s case is whether allegations of mortgage fraud, which she has denied, is a sufficient reason to fire her or a mere pretext masking Trump’s desire to exert more control over U.S. interest rate policy.
The Supreme Court has allowed the firings of the heads of other governmental agencies at the president’s discretion, with no claim that they did anything wrong, while also signaling that it is approaching the independence of the nation’s central bank more cautiouslycalling the Fed “a uniquely structured, quasi-private entity.”
___
AP Writers Seung Min Kim, Mark Sherman, Paul Wiseman, Alanna Durkin Richer, and video journalist Nathan Ellgren contributed to this report.
The Dictatorship
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