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The Dictatorship

Trump is daring anyone to stop his illegal funding freeze

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Trump is daring anyone to stop his illegal funding freeze

When President Donald Trump named Russel Vought to run the Office of Management and Budget, I warned it was a sign that his administration intended to seize total control of federal spending from Congress. Two weeks ago, I said that if Vought were confirmed, billions of dollars in projects would go unfunded at the president’s whim, no matter what legislators have said.

I was wrong. They didn’t even wait for Vought to be confirmed.

Instead, on Monday night, OMB’s acting director, Matthew J. Vaeth, sent a memo across the federal government ordering a freeze of “all Federal financial assistance.” The memo insists on calling this a “pause.” A federal judge intervened on Tuesday afternoon, issuing an administrative stay to hold off on the OMB order being fully implemented until Monday at soonest. But beyond the immediate and likely catastrophic impact of halting, even briefly, any portion of the $3 trillion in annual spending Vaeth cites, the memo serves as a reminder that any “temporary” power that Trump claims for himself won’t be easily relinquished.

While Vaeth was anything but vague about the reasoning behind the funding freeze, the scope of the pause itself has been wildly confusing.

“The use of Federal resources to advance Marxist equity, transgenderism, and green new deal social engineering policies is a waste of taxpayer dollars that does not improve the day-to-day lives of those we serve,” Vaeth wrote in the memowhich was first reported by Marisa Kabas of The Handbasket. It then required federal agencies to go through all grants and loans that it doles out to ensure that they align with the firehose of executive orders that Trump has issued. In the meantime, Vaeth ordered agencies to “temporarily pause” any programs that could contradict those orders “including, but not limited to, financial assistance for foreign aid, nongovernmental organizations, DEI, woke gender ideology, and the green new deal.”

While Vaeth was anything but vague about the reasoning behind the funding freeze, the scope of the pause itself has been wildly confusing. While exempting programs that provide assistance “directly to individuals,” as well as Social Security and Medicare, the order could potentially affect a big and broad swath of programming. Accompanying the memo was a nearly 900-page spreadsheet for officials to plug in the details of their programs and identify which funding is legally required to be distributed before March 15, when the current short-term spending bill runs out of money. And because the two-page memo lacked specific guidance, the odds are good that program officials — with the encouragement of their newly installed political minderswho the order tasks with overseeing this process— will err on the side of shutting down anything that could conceivably fall into one of Vaeth’s ideological buckets.

For a glimpse at how this will play out in the short term, look to the halt on foreign aid handed down last week. That freeze didn’t just call for a review but a “stop work” order for all currently funded programs. On Monday, several U.S. Agency for International Development staffers were placed on leave for supposedly violating the pause — a warning to others who might want to keep doing their jobs in the face of a blatantly illegal order. Since that halt, a sense of confusion and concern has reigned in the international aid community.

The mess will surely worsen now that domestic programs are included. Not even the administration seems to know the scope of what it’s asking: When reporters asked White House press secretary Karoline Leavitt, at her first briefing, if Medicaid would be affected, she replied, “I’ll check back on that and get back to you.” OMB itself issued a follow-up that said Medicaid, SNAP, Pell grants and “other similar programs” will not be paused.

The shifting guidance has had nigh-cartoonish consequences. The spokesperson for Meals on Wheels on Tuesday told HuffPost’s Arthur Delaney that “the uncertainty right now is creating chaos for local Meals on Wheels providers not knowing whether they should be serving meals today.” (Leavitt said at her briefing that the group would not be included in the pause.) The idea that a program as innocuous seeming as Meals on Wheels could see its funding frozen may seem absurd. But as we saw with “anti-woke” laws in Floridavagueness prompts pre-emptive cooperation and censorship from those who fear retaliation. Can anyone say with a straight face they know for sure whether MAGA views feeding the elderly as overly “inclusionary” for old people?

Aside from being a major crisis for these organizations, the memo from OMB is a bright red warning sign that any funding the White House “temporarily” pauses could easily become permanently blocked. Under the Impound Control Act of 1974it doesn’t matter if Trump doesn’t like how federal money is being spent. He simply doesn’t have the power to withhold, or “impound,” funds that Congress has appropriated. There are a few exceptions to this, but as University of Michigan law professor Sam Bagenstos noted on Blueskyeven temporary pauses are illegal under the Impound Control Act. But in his Senate confirmation hearing this month, Vought said that he thinks the act is unconstitutional. He has argued in the past that a president can unilaterally withhold whatever funding doesn’t align with his vision. And if Congress doesn’t like it, Vought says, that’s too bad.

With Congress inactive, that leaves enforcement most likely up to the courts.

Speaking of Congress, the ranking Democrats from the House and Senate Appropriations Committees wrote to OMB on Monday night to demand that Vaeth “reverse course to ensure requirements enacted into law are faithfully met and the nation’s spending laws are implemented as intended.” House Democrats are meanwhile out of town for the week but holding an emergency virtual caucus meeting on Wednesday afternoon to discuss the “illegal Republican funding freeze.”

But it seems congressional Republicans are more than happy to give up their power of the purse. The GOP-controlled Senate shows no signs of delaying confirmation of Vought or any of Trump’s other nominees, even as the president effectively strips legislators of their authority. Amazingly, House Appropriations Chair Rep. Tom Cole, R-Okla., is apparently unclear on whether appropriations even count as “laws” rather than a “directive.” (They do, but it really shows how far we’ve come from when the House Appropriations chair was one of the most powerful positions in the country.)

With Congress inactive, that leaves enforcement most likely up to the courts. Democratic state attorneys general are already preparing a lawsuit to get the freeze overturned, and further briefings will soon move forward in the suit from an NGO that prompted Tuesday’s administrative stay, setting us up for a potential speed run to the Supreme Court. Given Chief Justice John Roberts’ views about the separation of powersit’s hard to see him lining up against the Impound Control Act and its clear support for Congress’ Article I control over federal spending. But as the Prospect’s Daniel Dayen notedit’s clear that the administration wanted to be sued over this action and that Trump’s advisers are confident their cause will prevail among enough justices to win out.

As the matter winds through the courts, Democrats can’t sit back and let this slide. There needs to be members of Congress hitting every local news station to explain why popular programs like Head Start might be shuttered if deemed a “DEI initiative,” how the GOP is glad people’s medical bills aren’t being paidand exactly who is to blame. Further, it should be a no-brainer that any funding bill that requires Democratic support — including keeping the government open in mid-March — must include clear language repudiating Trump’s cash grab before it receives a single Democratic vote. Anything less will be an open invitation for this administration to continue attacking both our constitutional system and the millions of Americans who depend on the funds Trump is illegally slashing.

Hayes Brown

Hayes Brown is a writer and editor for BLN Daily, where he helps frame the news of the day for readers. He was previously at BuzzFeed News and holds a degree in international relations from Michigan State University.

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The Dictatorship

A GOP lawmaker is defending Trump by describing poor kids as freeloaders

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A GOP lawmaker is defending Trump by describing poor kids as freeloaders

BLN anchor Pamela Brown raised concerns to Rep. Rich McCormickR-Ga., Tuesday that Head Startan early childhood educational program that also provides food to low-income children, could be affected by President Donald Trump’s attempt at a federal funding freeze. McCormick responded with the head-spinning suggestion that the country’s child labor laws are too restrictive and that plenty of kids are freeloaders who ought to work for their lunch.

There has been a lot of confusion and changing information surrounding Trump’s attempted freeze and the potential impact on programs such as Head Start — I’ll discuss more about that later. But McCormick’s remarks still matter, since they demonstrate how Trump’s political strategies echo the old-school GOP playbook for abandoning the poor.

Right-wing “populism” seems to value children based on how useful of a cog in the capitalist machine they can be.

In the interview with Brown, the 56-year-old McCormick responded to the question of whether he supported getting rid of school lunch for vulnerable kids with a jaw-dropping rant:

“When you talk about school lunches, hey, I worked my way through high school. … Before I was even 13 years old, I was picking berries in the field, before child labor laws that precluded that. I was a paper boy, and when I was in high school, I worked my entire way through. You’re telling me that kids who stay at home instead of going to work at Burger King, McDonald’s, during the summer, should stay at home and get their free lunch instead of going to work? I think we need to have a top-down review.”

When asked if all the kids in his district who get free lunch or breakfast should be cut off, McCormick said, “Of course not.” But he suggested that some of them should. “Who can actually go and actually produce their own income? Who can actually go out there and do something that makes them have value and work skills for the future?” McCormick queried. He added that getting kids to work for their lunch would induce them to think “about their future instead of thinking about how they’re going to sponge off the government when they don’t need to.”

The status of Trump’s order freezing huge amounts of federal funding is unclear. The freeze, which seems illegalwas temporarily blocked by a federal judge. And on Wednesday the Trump administration said it was rescinding the Office of Management and Budget memo initiating the freeze. But according to NBC Newsafter the announcement of the rescission, “White House Press Secretary Karoline Leavitt said Wednesday that while the broad OMB memo was being pulled back, the administration’s other efforts to halt federal spending would remain.” It’s unclear what this means, but it suggests the Trump administration is trying to plow ahead in some fashion.

Complicating things further, initially it appeared that Head Start and other programs that provide children with cheaper or free meals could be affected, based on a document from the Trump administration obtained by NBC News. But subsequently, a senior Trump administration official told NBC News that Head Start is exempt from the freeze.

While it’s hard to know who to believe or how things will unfold, Head Start is already reporting trouble. “While we understand that this is an evolving story, this disruption, at best, will slow down Head Start agencies’ ability to pay hundreds of thousands of staff, contractors, and small businesses who support Head Start operations in every corner of the country,” Yasmina Vinci, executive director of the National Head Start Association, said. “At worst, this means that hundreds of thousands of families will not be able to depend on the critical services and likely will not be able to work.”

Regardless of how all this shakes out, McCormick’s language underscores right-wing rhetorical strategies for justifying moves that could jeopardize the well-being of some of the most vulnerable members of our society.

McCormick’s lament that not enough children work for their supper and his belief that children can prove their “worth” through labor makes him sound like a 19th-century factory owner. Sadly, he also  sounds like other Republican lawmakers who in recent years have pushed back against labor laws that restrict what kinds of jobs children can take and how long they can work. McCormick is simply furnishing more rationales to permit the American right to leave children behind. Apparently, making children pay for their meals would build their character. Never mind that school does plenty of that, and that priorities for kids outside of school should be on being active, developing socially and emotionally, doing homework, and, you know, being children.

Reducing funding for programs to help children get access to meals wouldn’t result in children flocking to the labor market and competing with adults for minimum wage jobs. It would result in increased food insecurity, which in turn would not only cause them gratuitous suffering, but also reduce their academic performance. Right-wing “populism” seems to value children based on how useful a cog in the capitalist machine they can be.

The way that the GOP is pursuing this vision is telling. Regardless of what happens with Trump’s freeze, he has already made his political strategy evident: In his memo detailing the funding freeze, the Office of Management and Budget’s acting director, Matthew Vaeth, objected to using federal money “to advance Marxist equity, transgenderism, and green new deal social engineering policies” and listed “DEI” and “woke gender ideology” as among the activities that should serve as a basis for retracting funding. This kind of language echoes the way the Republican Party used racist caricatures of Black people as parasitic and lazy to stigmatize the entire idea of assistance to poor people — and reduce funding for it. In this case, Trump is saying that the existence of equity measures and the idea of fighting “reverse racism” should serve as a basis to shrink the federal government’s offerings of social services.

Just days into his second term, Trump’s renewed “populist” vision is coming into view. And in many key respects it doesn’t look all that different from the old GOP.

Zeeshan aleem

Zeeshan Aleem is a writer and editor for BLN Daily. Previously, he worked at Vox, HuffPost and Blue Light News, and he has also been published in, among other places, The New York Times, The Atlantic, The Nation, and The Intercept. You can sign up for his free politics newsletter here.

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The Dictatorship

Trump will try to topple his hush money conviction from the White House

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Trump will try to topple his hush money conviction from the White House

Donald Trump’s federal criminal cases are dead and his state criminal case in Georgia might be dead, though Fulton County District Attorney Fani Willis is trying to revive it. But there’s impending action in his New York state criminal case, which the president is appealing while he runs the country.

Trump had to get new lawyers to represent him in the so-called hush money case, because he tapped much of his defense team for high-ranking Justice Department posts. The new lawyers from top law firm Sullivan & Cromwell have appellate experience, including at the Supreme Court on behalf of the government during Trump’s first term. That experience may come in handy as the case climbs the appellate ladder. To be sure, it may be a while before the case reaches the high court, and which issues present Trump’s best chance at overturning his conviction could become clearer over the coming months and perhaps years as the appeal develops.

That experience may come in handy as the case climbs the appellate ladder.

At trial last year, a Manhattan jury found Trump guilty of 34 felony counts of falsifying business records in the first degree, for covering up a hush money scheme in connection with the 2016 presidential race. Earlier this month, Judge Juan Merchan sentenced Trump to an unconditional discharge, which was basically a sentence without any real penalty due to his then-impending White House return. The guilty verdicts did not require incarceration under state law, though relatively brief incarceration or probation are other sentencing options for that crime.

Trump pleaded not guilty in all four of his criminal cases; the New York case is the only one that went to trial before the election.

The Supreme Court declined to block Trump’s Jan. 10 sentencing before he took office, but while doing so the court left open the possibility of eventually ruling on his behalf. For one thing, the court split 5-4, so it almost didn’t even let the sentencing go forward. Republican-appointed Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh dissented, but didn’t explain why.

The majority, which in addition to the three Democratic appointees consisted of Chief Justice John Roberts and Trump appointee Amy Coney Barrett, said it refused to halt the sentencing because “the alleged evidentiary violations at President-Elect Trump’s state-court trial can be addressed in the ordinary course on appeal.” The majority also said it was permitting the sentencing because of the lenient unconditional discharge that Merchan signaled ahead of time that he would impose.

So the court that previously granted Trump broad criminal immunity in the federal election interference case may yet have the final word on his New York conviction, but it could be a while before the “ordinary course” of that appeal unfolds.

Subscribe to theDeadline: Legal Newsletterfor expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in Donald Trump’s legal cases.

Jordan Rubin

Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.

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The Dictatorship

Democrats who helped to pass the Laken Riley Act failed their first test of the second Trump era

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Democrats who helped to pass the Laken Riley Act failed their first test of the second Trump era

On Wednesday, President Donald Trump signed the Laken Riley Act into law. The legislation expands the federal government’s mandatory detention rules for unauthorized immigrants to include theft-related crimes, like shoplifting, and grants state attorneys general the right to sue the federal government over what they deem as insufficient immigration enforcement.

The bill, named after a Georgia woman killed by an undocumented immigrant, tracks with Trump’s tendency to politicize murders and has been used by right-wingers to engender racist anger toward immigrantsas I wrote last year.

The bill received bipartisan support in the House and Senatedespite civil rights groups and various Democratic lawmakers highlighting its risks of increasing racial profiling and suspending due process for people accused of crimes. Rep. Eric Swalwell, D-Calif., for example, voted against the bill, telling MSNBC’s Chris Hayes the law means “people are going to be targeted because they’re brown.”

Given how Trump’s immigration officials already appear to be engaging in disturbing profiling — and ensnaring legal U.S. residents in their anti-immigrant round-ups — that seems like a fair prediction.

In a speech to the House last week, Rep. Alexandria Ocasio-Cortez, D-N.Y., (who also voted against the bill) spoke out about its potential risks to due process. “In the wake of tragedy, we are seeing a fundamental erosion of our civil rights,” she said. “In this bill, if a person is so much as accused of a crime — if someone wants to point a finger and accuse someone of shoplifting — they would be rounded up and put into a private detention camp and sent out for deportation without a day in court.”

And New Jersey Sen. Cory Booker, another Democrat who opposed the bill, offered a personal anecdote to BLN host Chris Hayes to suggest that those who supported the bill — including fellow Democrats — have made a decision that will tar their legacies.

He said:

I had a nonpolitical person in the Capitol who’s never came up to me and talked about politics, but he looked at me and said Democrats are going to rue the day when they allowed something like that bill we just passed, that allows — literally — Dreamers to be indefinitely detained. Or a child who steals a candy bar. He said this is going to come back in history to really, really haunt those people that supported this bill.

Watch the clip here:

Indeed, Democrats who supported this bill seem to have acquiesced to conservatives’ fear-mongering for the sake of political expediency, and in the process they may have subjected many of their constituents to racial profiling.

Because Republicans now control the Senate, the House of Representatives and the White House, they didn’t need Democratic votes to pass this bill. Democrats could have collectively denounced the bill and advocated for the bipartisan bill they negotiated earlierwhich sought to address problems with U.S. immigration laws without seemingly opening the door to the vilification and abuse of immigrants.

But in what was arguably the first test of congressional Democrats’ willingness to confront the conservative movement’s dubious politicking, I think it’s fair to say they failed.

Ja’han Jones

Ja’han Jones is The ReidOut Blog writer. He’s a futurist and multimedia producer focused on culture and politics. His previous projects include “Black Hair Defined” and the “Black Obituary Project.”

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