• Trump says he has no desire to fix his relationship with Musk, even after the former 'first buddy' deletes his X posts

    President Donald Trump and Elon Musk had a very public spat this week.

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    2025-06-07T19:13:48Z

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    President Donald Trump says he has no desire to repair his relationship with Elon Musk.
    He also said Musk would face "serious consequences" if he funds Democrats.
    Meanwhile, Musk deleted some of his most incendiary X posts on Saturday.

    It seems Elon Musk won't be President Donald Trump's "first buddy" again anytime soon.Trump told NBC News on Saturday that he has no plans to repair his relationship with Musk after it imploded this week. When asked if their relationship is done, Trump said, simply, "I would assume so, yeah."Trump said he doesn't intend to speak with Musk and said the tech billionaire was "disrespectful to the office of the President.""I think it's a very bad thing, because he's very disrespectful. You could not disrespect the office of the President," Trump said.The epic and very public fallout began after Musk criticized Trump's tax bill, which the president calls his "One Big Beautiful Bill."During Thursday's dramatic exchange, which took place mostly on the social media networks each billionaire owns, Trump threatened to terminate Musk's government contracts and subsidies. Musk shot back that Trump was in the so-called "Epstein files" in a now-deleted post.In the NBC interview on Saturday, Trump warned Musk against funding Democratic candidates running against GOP members voting in favor of the bill, saying there will be "serious consequences.""If he does, he'll have to pay the consequences for that," Trump said. "He'll have to pay very serious consequences if he does that."Last month, Musk said he would spend "a lot less" on political campaigns in the future. He spent hundreds of millions in support of Trump in 2024."If I see a reason to do political spending in the future, I will do it," Musk said at the Qatar Economic Forum last month. "I do not currently see a reason."Trump's remarks on Saturday came after Musk deleted some X posts from his account. He deleted the post referencing the Epstein files and a video he re-posted that appeared to show Trump partying with Epstein in the 1990s. Musk also deleted an X post in which he called a Trump comment an "obvious lie" and another post saying SpaceX would decommission its Dragon spacecraft "immediately."White House press secretary Karoline Leavitt told Business Insider that passing the tax bill is the president's priority."President Trump and the entire Administration will continue the important mission of cutting waste, fraud, and abuse from our federal government on behalf of taxpayers, and the passage of the One Big Beautiful Bill is critical to helping accomplish that mission," Leavitt said in a statement.Representatives for Musk did not respond to a request for comment from BI.The repercussions from Musk and Trump's dispute were swift, affecting the price of Tesla stock and Dogecoin. A senior White House official told BI that Trump is now considering selling his Tesla.On Saturday, Vice President JD Vance said it was a "huge mistake" for Musk to "go after the president" during the newest episode of "This Past Weekend w/ Theo Von.""I'm not saying he has to agree with the bill or agree with everything that I'm saying," Vance said. "I just think it's a huge mistake for the world's wealthiest man, I think one of the most transformational entrepreneurs ever — that's Elon — to be at this war with the world's most powerful man."During the interview, Vance said he thinks everything will be fine between the pair if Musk "chills out a little bit.""Hopefully Elon figures it out and comes back into the fold," Vance said, adding that Trump had been a "little frustrated" with Musk's recent criticisms."But I think he's been very restrained because the president doesn't think that he needs to be in a blood feud with Elon Musk, and I actually think if Elon chilled out a little bit, everything would be fine," Vance said.Musk responded to Vance's comment on X on Saturday, writing, simply, "Cool."

    Recommended video
    #trump #says #has #desire #fix
    Trump says he has no desire to fix his relationship with Musk, even after the former 'first buddy' deletes his X posts
    President Donald Trump and Elon Musk had a very public spat this week. Jeff Bottari/Zuffa LLC via Getty Images 2025-06-07T19:13:48Z d Read in app This story is available exclusively to Business Insider subscribers. Become an Insider and start reading now. Have an account? President Donald Trump says he has no desire to repair his relationship with Elon Musk. He also said Musk would face "serious consequences" if he funds Democrats. Meanwhile, Musk deleted some of his most incendiary X posts on Saturday. It seems Elon Musk won't be President Donald Trump's "first buddy" again anytime soon.Trump told NBC News on Saturday that he has no plans to repair his relationship with Musk after it imploded this week. When asked if their relationship is done, Trump said, simply, "I would assume so, yeah."Trump said he doesn't intend to speak with Musk and said the tech billionaire was "disrespectful to the office of the President.""I think it's a very bad thing, because he's very disrespectful. You could not disrespect the office of the President," Trump said.The epic and very public fallout began after Musk criticized Trump's tax bill, which the president calls his "One Big Beautiful Bill."During Thursday's dramatic exchange, which took place mostly on the social media networks each billionaire owns, Trump threatened to terminate Musk's government contracts and subsidies. Musk shot back that Trump was in the so-called "Epstein files" in a now-deleted post.In the NBC interview on Saturday, Trump warned Musk against funding Democratic candidates running against GOP members voting in favor of the bill, saying there will be "serious consequences.""If he does, he'll have to pay the consequences for that," Trump said. "He'll have to pay very serious consequences if he does that."Last month, Musk said he would spend "a lot less" on political campaigns in the future. He spent hundreds of millions in support of Trump in 2024."If I see a reason to do political spending in the future, I will do it," Musk said at the Qatar Economic Forum last month. "I do not currently see a reason."Trump's remarks on Saturday came after Musk deleted some X posts from his account. He deleted the post referencing the Epstein files and a video he re-posted that appeared to show Trump partying with Epstein in the 1990s. Musk also deleted an X post in which he called a Trump comment an "obvious lie" and another post saying SpaceX would decommission its Dragon spacecraft "immediately."White House press secretary Karoline Leavitt told Business Insider that passing the tax bill is the president's priority."President Trump and the entire Administration will continue the important mission of cutting waste, fraud, and abuse from our federal government on behalf of taxpayers, and the passage of the One Big Beautiful Bill is critical to helping accomplish that mission," Leavitt said in a statement.Representatives for Musk did not respond to a request for comment from BI.The repercussions from Musk and Trump's dispute were swift, affecting the price of Tesla stock and Dogecoin. A senior White House official told BI that Trump is now considering selling his Tesla.On Saturday, Vice President JD Vance said it was a "huge mistake" for Musk to "go after the president" during the newest episode of "This Past Weekend w/ Theo Von.""I'm not saying he has to agree with the bill or agree with everything that I'm saying," Vance said. "I just think it's a huge mistake for the world's wealthiest man, I think one of the most transformational entrepreneurs ever — that's Elon — to be at this war with the world's most powerful man."During the interview, Vance said he thinks everything will be fine between the pair if Musk "chills out a little bit.""Hopefully Elon figures it out and comes back into the fold," Vance said, adding that Trump had been a "little frustrated" with Musk's recent criticisms."But I think he's been very restrained because the president doesn't think that he needs to be in a blood feud with Elon Musk, and I actually think if Elon chilled out a little bit, everything would be fine," Vance said.Musk responded to Vance's comment on X on Saturday, writing, simply, "Cool." Recommended video #trump #says #has #desire #fix
    WWW.BUSINESSINSIDER.COM
    Trump says he has no desire to fix his relationship with Musk, even after the former 'first buddy' deletes his X posts
    President Donald Trump and Elon Musk had a very public spat this week. Jeff Bottari/Zuffa LLC via Getty Images 2025-06-07T19:13:48Z Save Saved Read in app This story is available exclusively to Business Insider subscribers. Become an Insider and start reading now. Have an account? President Donald Trump says he has no desire to repair his relationship with Elon Musk. He also said Musk would face "serious consequences" if he funds Democrats. Meanwhile, Musk deleted some of his most incendiary X posts on Saturday. It seems Elon Musk won't be President Donald Trump's "first buddy" again anytime soon.Trump told NBC News on Saturday that he has no plans to repair his relationship with Musk after it imploded this week. When asked if their relationship is done, Trump said, simply, "I would assume so, yeah."Trump said he doesn't intend to speak with Musk and said the tech billionaire was "disrespectful to the office of the President.""I think it's a very bad thing, because he's very disrespectful. You could not disrespect the office of the President," Trump said.The epic and very public fallout began after Musk criticized Trump's tax bill, which the president calls his "One Big Beautiful Bill."During Thursday's dramatic exchange, which took place mostly on the social media networks each billionaire owns, Trump threatened to terminate Musk's government contracts and subsidies. Musk shot back that Trump was in the so-called "Epstein files" in a now-deleted post.In the NBC interview on Saturday, Trump warned Musk against funding Democratic candidates running against GOP members voting in favor of the bill, saying there will be "serious consequences.""If he does, he'll have to pay the consequences for that," Trump said. "He'll have to pay very serious consequences if he does that."Last month, Musk said he would spend "a lot less" on political campaigns in the future. He spent hundreds of millions in support of Trump in 2024."If I see a reason to do political spending in the future, I will do it," Musk said at the Qatar Economic Forum last month. "I do not currently see a reason."Trump's remarks on Saturday came after Musk deleted some X posts from his account. He deleted the post referencing the Epstein files and a video he re-posted that appeared to show Trump partying with Epstein in the 1990s. Musk also deleted an X post in which he called a Trump comment an "obvious lie" and another post saying SpaceX would decommission its Dragon spacecraft "immediately."White House press secretary Karoline Leavitt told Business Insider that passing the tax bill is the president's priority."President Trump and the entire Administration will continue the important mission of cutting waste, fraud, and abuse from our federal government on behalf of taxpayers, and the passage of the One Big Beautiful Bill is critical to helping accomplish that mission," Leavitt said in a statement.Representatives for Musk did not respond to a request for comment from BI.The repercussions from Musk and Trump's dispute were swift, affecting the price of Tesla stock and Dogecoin. A senior White House official told BI that Trump is now considering selling his Tesla.On Saturday, Vice President JD Vance said it was a "huge mistake" for Musk to "go after the president" during the newest episode of "This Past Weekend w/ Theo Von.""I'm not saying he has to agree with the bill or agree with everything that I'm saying," Vance said. "I just think it's a huge mistake for the world's wealthiest man, I think one of the most transformational entrepreneurs ever — that's Elon — to be at this war with the world's most powerful man."During the interview, Vance said he thinks everything will be fine between the pair if Musk "chills out a little bit.""Hopefully Elon figures it out and comes back into the fold," Vance said, adding that Trump had been a "little frustrated" with Musk's recent criticisms."But I think he's been very restrained because the president doesn't think that he needs to be in a blood feud with Elon Musk, and I actually think if Elon chilled out a little bit, everything would be fine," Vance said.Musk responded to Vance's comment on X on Saturday, writing, simply, "Cool." Recommended video
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  • A federal court’s novel proposal to rein in Trump’s power grab

    Limited-time offer: Get more than 30% off a Vox Membership. Join today to support independent journalism. Federal civil servants are supposed to enjoy robust protections against being fired or demoted for political reasons. But President Donald Trump has effectively stripped them of these protections by neutralizing the federal agencies that implement these safeguards.An agency known as the Merit Systems Protection Boardhears civil servants’ claims that a “government employer discriminated against them, retaliated against them for whistleblowing, violated protections for veterans, or otherwise subjected them to an unlawful adverse employment action or prohibited personnel practice,” as a federal appeals court explained in an opinion on Tuesday. But the three-member board currently lacks the quorum it needs to operate because Trump fired two of the members.Trump also fired Hampton Dellinger, who until recently served as the special counsel of the United States, a role that investigates alleged violations of federal civil service protections and brings related cases to the MSPB. Trump recently nominated Paul Ingrassia, a far-right podcaster and recent law school graduate to replace Dellinger.The upshot of these firings is that no one in the government is able to enforce laws and regulations protecting civil servants. As Dellinger noted in an interview, the morning before a federal appeals court determined that Trump could fire him, he’d “been able to get 6,000 newly hired federal employees back on the job,” and was working to get “all probationary employees put back on the jobtheir unlawful firing” by the Department of Government Efficiency and other Trump administration efforts to cull the federal workforce. These and other efforts to reinstate illegally fired federal workers are on hold, and may not resume until Trump leaves office.Which brings us to the US Court of Appeals for the Fourth Circuit’s decision in National Association of Immigration Judges v. Owen, which proposes an innovative solution to this problem.As the Owen opinion notes, the Supreme Court has held that the MSPB process is the only process a federal worker can use if they believe they’ve been fired in violation of federal civil service laws. So if that process is shut down, the worker is out of luck.But the Fourth Circuit’s Owen opinion argues that this “conclusion can only be true…when the statute functions as Congress intended.” That is, if the MSPB and the special counsel are unable to “fulfill their roles prescribed by” federal law, then the courts should pick up the slack and start hearing cases brought by illegally fired civil servants.For procedural reasons, the Fourth Circuit’s decision will not take effect right away — the court sent the case back down to a trial judge to “conduct a factual inquiry” into whether the MSPB continues to function. And, even after that inquiry is complete, the Trump administration is likely to appeal the Fourth Circuit’s decision to the Supreme Court if it wants to keep civil service protections on ice.If the justices agree with the circuit court, however, that will close a legal loophole that has left federal civil servants unprotected by laws that are still very much on the books. And it will cure a problem that the Supreme Court bears much of the blame for creating.The “unitary executive,” or why the Supreme Court is to blame for the loss of civil service protectionsFederal law provides that Dellinger could “be removed by the President only for inefficiency, neglect of duty, or malfeasance in office,” and members of the MSPB enjoy similar protections against being fired. Trump’s decision to fire these officials was illegal under these laws.But a federal appeals court nonetheless permitted Trump to fire Dellinger, and the Supreme Court recently backed Trump’s decision to fire the MSPB members as well. The reason is a legal theory known as the “unitary executive,” which is popular among Republican legal scholars, and especially among the six Republicans that control the Supreme Court.If you want to know all the details of this theory, I can point you to three different explainers I’ve written on the unitary executive. The short explanation is that the unitary executive theory claims that the president must have the power to fire top political appointees charged with executing federal laws – including officials who execute laws protecting civil servants from illegal firings.But the Supreme Court has never claimed that the unitary executive permits the president to fire any federal worker regardless of whether Congress has protected them or not. In a seminal opinion laying out the unitary executive theory, for example, Justice Antonin Scalia argued that the president must have the power to remove “principal officers” — high-ranking officials like Dellinger who must be nominated by the president and confirmed by the Senate. Under Scalia’s approach, lower-ranking government workers may still be given some protection.The Fourth Circuit cannot override the Supreme Court’s decision to embrace the unitary executive theory. But the Owen opinion essentially tries to police the line drawn by Scalia. The Supreme Court has given Trump the power to fire some high-ranking officials, but he shouldn’t be able to use that power as a back door to eliminate job protections for all civil servants.The Fourth Circuit suggests that the federal law which simultaneously gave the MSPB exclusive authority over civil service disputes, while also protecting MSPB members from being fired for political reasons, must be read as a package. Congress, this argument goes, would not have agreed to shunt all civil service disputes to the MSPB if it had known that the Supreme Court would strip the MSPB of its independence. And so, if the MSPB loses its independence, it must also lose its exclusive authority over civil service disputes — and federal courts must regain the power to hear those cases.It remains to be seen whether this argument persuades a Republican Supreme Court — all three of the Fourth Circuit judges who decided the Owen case are Democrats, and two are Biden appointees. But the Fourth Circuit’s reasoning closely resembles the kind of inquiry that courts frequently engage in when a federal law is struck down.When a court declares a provision of federal law unconstitutional, it often needs to ask whether other parts of the law should fall along with the unconstitutional provision, an inquiry known as “severability.” Often, this severability analysis asks which hypothetical law Congress would have enacted if it had known that the one provision is invalid.The Fourth Circuit’s decision in Owen is essentially a severability opinion. It takes as a given the Supreme Court’s conclusion that laws protecting Dellinger and the MSPB members from being fired are unconstitutional, then asks which law Congress would have enacted if it had known that it could not protect MSPB members from political reprisal. The Fourth Circuit’s conclusion is that, if Congress had known that MSPB members cannot be politically independent, then it would not have given them exclusive authority over civil service disputes.If the Supreme Court permits Trump to neutralize the MSPB, that would fundamentally change how the government functionsThe idea that civil servants should be hired based on merit and insulated from political pressure is hardly new. The first law protecting civil servants, the Pendleton Civil Service Reform Act, which President Chester A. Arthur signed into law in 1883.Laws like the Pendleton Act do more than protect civil servants who, say, resist pressure to deny government services to the president’s enemies. They also make it possible for top government officials to actually do their jobs.Before the Pendleton Act, federal jobs were typically awarded as patronage — so when a Democratic administration took office, the Republicans who occupied most federal jobs would be fired and replaced by Democrats. This was obviously quite disruptive, and it made it difficult for the government to hire highly specialized workers. Why would someone go to the trouble of earning an economics degree and becoming an expert on federal monetary policy, if they knew that their job in the Treasury Department would disappear the minute their party lost an election?Meanwhile, the task of filling all of these patronage jobs overwhelmed new presidents. As Candice Millard wrote in a 2011 biography of President James A. Garfield, the last president elected before the Pendleton Act, when Garfield took office, a line of job seekers began to form outside the White House “before he even sat down to breakfast.” By the time Garfield had eaten, this line “snaked down the front walk, out the gate, and onto Pennsylvania Avenue.” Garfield was assassinated by a disgruntled job seeker, a fact that likely helped build political support for the Pendleton Act.By neutralizing the MSPB, Trump is effectively undoing nearly 150 years worth of civil service reforms, and returning the federal government to a much more primitive state. At the very least, the Fourth Circuit’s decision in Owen is likely to force the Supreme Court to ask if it really wants a century and a half of work to unravel.See More:
    #federal #courts #novel #proposal #rein
    A federal court’s novel proposal to rein in Trump’s power grab
    Limited-time offer: Get more than 30% off a Vox Membership. Join today to support independent journalism. Federal civil servants are supposed to enjoy robust protections against being fired or demoted for political reasons. But President Donald Trump has effectively stripped them of these protections by neutralizing the federal agencies that implement these safeguards.An agency known as the Merit Systems Protection Boardhears civil servants’ claims that a “government employer discriminated against them, retaliated against them for whistleblowing, violated protections for veterans, or otherwise subjected them to an unlawful adverse employment action or prohibited personnel practice,” as a federal appeals court explained in an opinion on Tuesday. But the three-member board currently lacks the quorum it needs to operate because Trump fired two of the members.Trump also fired Hampton Dellinger, who until recently served as the special counsel of the United States, a role that investigates alleged violations of federal civil service protections and brings related cases to the MSPB. Trump recently nominated Paul Ingrassia, a far-right podcaster and recent law school graduate to replace Dellinger.The upshot of these firings is that no one in the government is able to enforce laws and regulations protecting civil servants. As Dellinger noted in an interview, the morning before a federal appeals court determined that Trump could fire him, he’d “been able to get 6,000 newly hired federal employees back on the job,” and was working to get “all probationary employees put back on the jobtheir unlawful firing” by the Department of Government Efficiency and other Trump administration efforts to cull the federal workforce. These and other efforts to reinstate illegally fired federal workers are on hold, and may not resume until Trump leaves office.Which brings us to the US Court of Appeals for the Fourth Circuit’s decision in National Association of Immigration Judges v. Owen, which proposes an innovative solution to this problem.As the Owen opinion notes, the Supreme Court has held that the MSPB process is the only process a federal worker can use if they believe they’ve been fired in violation of federal civil service laws. So if that process is shut down, the worker is out of luck.But the Fourth Circuit’s Owen opinion argues that this “conclusion can only be true…when the statute functions as Congress intended.” That is, if the MSPB and the special counsel are unable to “fulfill their roles prescribed by” federal law, then the courts should pick up the slack and start hearing cases brought by illegally fired civil servants.For procedural reasons, the Fourth Circuit’s decision will not take effect right away — the court sent the case back down to a trial judge to “conduct a factual inquiry” into whether the MSPB continues to function. And, even after that inquiry is complete, the Trump administration is likely to appeal the Fourth Circuit’s decision to the Supreme Court if it wants to keep civil service protections on ice.If the justices agree with the circuit court, however, that will close a legal loophole that has left federal civil servants unprotected by laws that are still very much on the books. And it will cure a problem that the Supreme Court bears much of the blame for creating.The “unitary executive,” or why the Supreme Court is to blame for the loss of civil service protectionsFederal law provides that Dellinger could “be removed by the President only for inefficiency, neglect of duty, or malfeasance in office,” and members of the MSPB enjoy similar protections against being fired. Trump’s decision to fire these officials was illegal under these laws.But a federal appeals court nonetheless permitted Trump to fire Dellinger, and the Supreme Court recently backed Trump’s decision to fire the MSPB members as well. The reason is a legal theory known as the “unitary executive,” which is popular among Republican legal scholars, and especially among the six Republicans that control the Supreme Court.If you want to know all the details of this theory, I can point you to three different explainers I’ve written on the unitary executive. The short explanation is that the unitary executive theory claims that the president must have the power to fire top political appointees charged with executing federal laws – including officials who execute laws protecting civil servants from illegal firings.But the Supreme Court has never claimed that the unitary executive permits the president to fire any federal worker regardless of whether Congress has protected them or not. In a seminal opinion laying out the unitary executive theory, for example, Justice Antonin Scalia argued that the president must have the power to remove “principal officers” — high-ranking officials like Dellinger who must be nominated by the president and confirmed by the Senate. Under Scalia’s approach, lower-ranking government workers may still be given some protection.The Fourth Circuit cannot override the Supreme Court’s decision to embrace the unitary executive theory. But the Owen opinion essentially tries to police the line drawn by Scalia. The Supreme Court has given Trump the power to fire some high-ranking officials, but he shouldn’t be able to use that power as a back door to eliminate job protections for all civil servants.The Fourth Circuit suggests that the federal law which simultaneously gave the MSPB exclusive authority over civil service disputes, while also protecting MSPB members from being fired for political reasons, must be read as a package. Congress, this argument goes, would not have agreed to shunt all civil service disputes to the MSPB if it had known that the Supreme Court would strip the MSPB of its independence. And so, if the MSPB loses its independence, it must also lose its exclusive authority over civil service disputes — and federal courts must regain the power to hear those cases.It remains to be seen whether this argument persuades a Republican Supreme Court — all three of the Fourth Circuit judges who decided the Owen case are Democrats, and two are Biden appointees. But the Fourth Circuit’s reasoning closely resembles the kind of inquiry that courts frequently engage in when a federal law is struck down.When a court declares a provision of federal law unconstitutional, it often needs to ask whether other parts of the law should fall along with the unconstitutional provision, an inquiry known as “severability.” Often, this severability analysis asks which hypothetical law Congress would have enacted if it had known that the one provision is invalid.The Fourth Circuit’s decision in Owen is essentially a severability opinion. It takes as a given the Supreme Court’s conclusion that laws protecting Dellinger and the MSPB members from being fired are unconstitutional, then asks which law Congress would have enacted if it had known that it could not protect MSPB members from political reprisal. The Fourth Circuit’s conclusion is that, if Congress had known that MSPB members cannot be politically independent, then it would not have given them exclusive authority over civil service disputes.If the Supreme Court permits Trump to neutralize the MSPB, that would fundamentally change how the government functionsThe idea that civil servants should be hired based on merit and insulated from political pressure is hardly new. The first law protecting civil servants, the Pendleton Civil Service Reform Act, which President Chester A. Arthur signed into law in 1883.Laws like the Pendleton Act do more than protect civil servants who, say, resist pressure to deny government services to the president’s enemies. They also make it possible for top government officials to actually do their jobs.Before the Pendleton Act, federal jobs were typically awarded as patronage — so when a Democratic administration took office, the Republicans who occupied most federal jobs would be fired and replaced by Democrats. This was obviously quite disruptive, and it made it difficult for the government to hire highly specialized workers. Why would someone go to the trouble of earning an economics degree and becoming an expert on federal monetary policy, if they knew that their job in the Treasury Department would disappear the minute their party lost an election?Meanwhile, the task of filling all of these patronage jobs overwhelmed new presidents. As Candice Millard wrote in a 2011 biography of President James A. Garfield, the last president elected before the Pendleton Act, when Garfield took office, a line of job seekers began to form outside the White House “before he even sat down to breakfast.” By the time Garfield had eaten, this line “snaked down the front walk, out the gate, and onto Pennsylvania Avenue.” Garfield was assassinated by a disgruntled job seeker, a fact that likely helped build political support for the Pendleton Act.By neutralizing the MSPB, Trump is effectively undoing nearly 150 years worth of civil service reforms, and returning the federal government to a much more primitive state. At the very least, the Fourth Circuit’s decision in Owen is likely to force the Supreme Court to ask if it really wants a century and a half of work to unravel.See More: #federal #courts #novel #proposal #rein
    WWW.VOX.COM
    A federal court’s novel proposal to rein in Trump’s power grab
    Limited-time offer: Get more than 30% off a Vox Membership. Join today to support independent journalism. Federal civil servants are supposed to enjoy robust protections against being fired or demoted for political reasons. But President Donald Trump has effectively stripped them of these protections by neutralizing the federal agencies that implement these safeguards.An agency known as the Merit Systems Protection Board (MSPB) hears civil servants’ claims that a “government employer discriminated against them, retaliated against them for whistleblowing, violated protections for veterans, or otherwise subjected them to an unlawful adverse employment action or prohibited personnel practice,” as a federal appeals court explained in an opinion on Tuesday. But the three-member board currently lacks the quorum it needs to operate because Trump fired two of the members.Trump also fired Hampton Dellinger, who until recently served as the special counsel of the United States, a role that investigates alleged violations of federal civil service protections and brings related cases to the MSPB. Trump recently nominated Paul Ingrassia, a far-right podcaster and recent law school graduate to replace Dellinger.The upshot of these firings is that no one in the government is able to enforce laws and regulations protecting civil servants. As Dellinger noted in an interview, the morning before a federal appeals court determined that Trump could fire him, he’d “been able to get 6,000 newly hired federal employees back on the job,” and was working to get “all probationary employees put back on the job [after] their unlawful firing” by the Department of Government Efficiency and other Trump administration efforts to cull the federal workforce. These and other efforts to reinstate illegally fired federal workers are on hold, and may not resume until Trump leaves office.Which brings us to the US Court of Appeals for the Fourth Circuit’s decision in National Association of Immigration Judges v. Owen, which proposes an innovative solution to this problem.As the Owen opinion notes, the Supreme Court has held that the MSPB process is the only process a federal worker can use if they believe they’ve been fired in violation of federal civil service laws. So if that process is shut down, the worker is out of luck.But the Fourth Circuit’s Owen opinion argues that this “conclusion can only be true…when the statute functions as Congress intended.” That is, if the MSPB and the special counsel are unable to “fulfill their roles prescribed by” federal law, then the courts should pick up the slack and start hearing cases brought by illegally fired civil servants.For procedural reasons, the Fourth Circuit’s decision will not take effect right away — the court sent the case back down to a trial judge to “conduct a factual inquiry” into whether the MSPB continues to function. And, even after that inquiry is complete, the Trump administration is likely to appeal the Fourth Circuit’s decision to the Supreme Court if it wants to keep civil service protections on ice.If the justices agree with the circuit court, however, that will close a legal loophole that has left federal civil servants unprotected by laws that are still very much on the books. And it will cure a problem that the Supreme Court bears much of the blame for creating.The “unitary executive,” or why the Supreme Court is to blame for the loss of civil service protectionsFederal law provides that Dellinger could “be removed by the President only for inefficiency, neglect of duty, or malfeasance in office,” and members of the MSPB enjoy similar protections against being fired. Trump’s decision to fire these officials was illegal under these laws.But a federal appeals court nonetheless permitted Trump to fire Dellinger, and the Supreme Court recently backed Trump’s decision to fire the MSPB members as well. The reason is a legal theory known as the “unitary executive,” which is popular among Republican legal scholars, and especially among the six Republicans that control the Supreme Court.If you want to know all the details of this theory, I can point you to three different explainers I’ve written on the unitary executive. The short explanation is that the unitary executive theory claims that the president must have the power to fire top political appointees charged with executing federal laws – including officials who execute laws protecting civil servants from illegal firings.But the Supreme Court has never claimed that the unitary executive permits the president to fire any federal worker regardless of whether Congress has protected them or not. In a seminal opinion laying out the unitary executive theory, for example, Justice Antonin Scalia argued that the president must have the power to remove “principal officers” — high-ranking officials like Dellinger who must be nominated by the president and confirmed by the Senate. Under Scalia’s approach, lower-ranking government workers may still be given some protection.The Fourth Circuit cannot override the Supreme Court’s decision to embrace the unitary executive theory. But the Owen opinion essentially tries to police the line drawn by Scalia. The Supreme Court has given Trump the power to fire some high-ranking officials, but he shouldn’t be able to use that power as a back door to eliminate job protections for all civil servants.The Fourth Circuit suggests that the federal law which simultaneously gave the MSPB exclusive authority over civil service disputes, while also protecting MSPB members from being fired for political reasons, must be read as a package. Congress, this argument goes, would not have agreed to shunt all civil service disputes to the MSPB if it had known that the Supreme Court would strip the MSPB of its independence. And so, if the MSPB loses its independence, it must also lose its exclusive authority over civil service disputes — and federal courts must regain the power to hear those cases.It remains to be seen whether this argument persuades a Republican Supreme Court — all three of the Fourth Circuit judges who decided the Owen case are Democrats, and two are Biden appointees. But the Fourth Circuit’s reasoning closely resembles the kind of inquiry that courts frequently engage in when a federal law is struck down.When a court declares a provision of federal law unconstitutional, it often needs to ask whether other parts of the law should fall along with the unconstitutional provision, an inquiry known as “severability.” Often, this severability analysis asks which hypothetical law Congress would have enacted if it had known that the one provision is invalid.The Fourth Circuit’s decision in Owen is essentially a severability opinion. It takes as a given the Supreme Court’s conclusion that laws protecting Dellinger and the MSPB members from being fired are unconstitutional, then asks which law Congress would have enacted if it had known that it could not protect MSPB members from political reprisal. The Fourth Circuit’s conclusion is that, if Congress had known that MSPB members cannot be politically independent, then it would not have given them exclusive authority over civil service disputes.If the Supreme Court permits Trump to neutralize the MSPB, that would fundamentally change how the government functionsThe idea that civil servants should be hired based on merit and insulated from political pressure is hardly new. The first law protecting civil servants, the Pendleton Civil Service Reform Act, which President Chester A. Arthur signed into law in 1883.Laws like the Pendleton Act do more than protect civil servants who, say, resist pressure to deny government services to the president’s enemies. They also make it possible for top government officials to actually do their jobs.Before the Pendleton Act, federal jobs were typically awarded as patronage — so when a Democratic administration took office, the Republicans who occupied most federal jobs would be fired and replaced by Democrats. This was obviously quite disruptive, and it made it difficult for the government to hire highly specialized workers. Why would someone go to the trouble of earning an economics degree and becoming an expert on federal monetary policy, if they knew that their job in the Treasury Department would disappear the minute their party lost an election?Meanwhile, the task of filling all of these patronage jobs overwhelmed new presidents. As Candice Millard wrote in a 2011 biography of President James A. Garfield, the last president elected before the Pendleton Act, when Garfield took office, a line of job seekers began to form outside the White House “before he even sat down to breakfast.” By the time Garfield had eaten, this line “snaked down the front walk, out the gate, and onto Pennsylvania Avenue.” Garfield was assassinated by a disgruntled job seeker, a fact that likely helped build political support for the Pendleton Act.By neutralizing the MSPB, Trump is effectively undoing nearly 150 years worth of civil service reforms, and returning the federal government to a much more primitive state. At the very least, the Fourth Circuit’s decision in Owen is likely to force the Supreme Court to ask if it really wants a century and a half of work to unravel.See More:
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  • The Legal Accountability of AI-Generated Deepfakes in Election Misinformation

    How Deepfakes Are Created

    Generative AI models enable the creation of highly realistic fake media. Most deepfakes today are produced by training deep neural networks on real images, video or audio of a target person. The two predominant AI architectures are generative adversarial networksand autoencoders. A GAN consists of a generator network that produces synthetic images and a discriminator network that tries to distinguish fakes from real data. Through iterative training, the generator learns to produce outputs that increasingly fool the discriminator¹. Autoencoder-based tools similarly learn to encode a target face and then decode it onto a source video. In practice, deepfake creators use accessible software: open-source tools like DeepFaceLab and FaceSwap dominate video face-swapping². Voice-cloning toolscan mimic a person’s speech from minutes of audio. Commercial platforms like Synthesia allow text-to-video avatars, which have already been misused in disinformation campaigns³. Even mobile appslet users do basic face swaps in minutes⁴. In short, advances in GANs and related models make deepfakes cheaper and easier to generate than ever.

    Diagram of a generative adversarial network: A generator network creates fake images from random input and a discriminator network distinguishes fakes from real examples. Over time the generator improves until its outputs “fool” the discriminator⁵

    During creation, a deepfake algorithm is typically trained on a large dataset of real images or audio from the target. The more varied and high-quality the training data, the more realistic the deepfake. The output often then undergoes post-processingto enhance believability¹. Technical defenses focus on two fronts: detection and authentication. Detection uses AI models to spot inconsistenciesthat betray a synthetic origin⁵. Authentication embeds markers before dissemination – for example, invisible watermarks or cryptographically signed metadata indicating authenticity⁶. The EU AI Act will soon mandate that major AI content providers embed machine-readable “watermark” signals in synthetic media⁷. However, as GAO notes, detection is an arms race – even a marked deepfake can sometimes evade notice – and labels alone don’t stop false narratives from spreading⁸⁹.

    Deepfakes in Recent Elections: Examples

    Deepfakes and AI-generated imagery already have made headlines in election cycles around the world. In the 2024 U.S. primary season, a digitally-altered audio robocall mimicked President Biden’s voice urging Democrats not to vote in the New Hampshire primary. The callerwas later fined million by the FCC and indicted under existing telemarketing laws¹⁰¹¹.Also in 2024, former President Trump posted on social media a collage implying that pop singer Taylor Swift endorsed his campaign, using AI-generated images of Swift in “Swifties for Trump” shirts¹². The posts sparked media uproar, though analysts noted the same effect could have been achieved without AI¹². Similarly, Elon Musk’s X platform carried AI-generated clips, including a parody “Ad” depicting Vice-President Harris’s voice via an AI clone¹³.

    Beyond the U.S., deepfake-like content has appeared globally. In Indonesia’s 2024 presidential election, a video surfaced on social media in which a convincingly generated image of the late President Suharto appeared to endorse the candidate of the Golkar Party. Days later, the endorsed candidatewon the presidency¹⁴. In Bangladesh, a viral deepfake video superimposed the face of opposition leader Rumeen Farhana onto a bikini-clad body – an incendiary fabrication designed to discredit her in the conservative Muslim-majority society¹⁵. Moldova’s pro-Western President Maia Sandu has been repeatedly targeted by AI-driven disinformation; one deepfake video falsely showed her resigning and endorsing a Russian-friendly party, apparently to sow distrust in the electoral process¹⁶. Even in Taiwan, a TikTok clip circulated that synthetically portrayed a U.S. politician making foreign-policy statements – stoking confusion ahead of Taiwanese elections¹⁷. In Slovakia’s recent campaign, AI-generated audio mimicking the liberal party leader suggested he plotted vote-rigging and beer-price hikes – instantly spreading on social media just days before the election¹⁸. These examples show that deepfakes have touched diverse polities, often aiming to undermine candidates or confuse voters¹⁵¹⁸.

    Notably, many of the most viral “deepfakes” in 2024 were actually circulated as obvious memes or claims, rather than subtle deceptions. Experts observed that outright undetectable AI deepfakes were relatively rare; more common were AI-generated memes plainly shared by partisans, or cheaply doctored “cheapfakes” made with basic editing tools¹³¹⁹. For instance, social media was awash with memes of Kamala Harris in Soviet garb or of Black Americans holding Trump signs¹³, but these were typically used satirically, not meant to be secretly believed. Nonetheless, even unsophisticated fakes can sway opinion: a U.S. study found that false presidential adsdid change voter attitudes in swing states. In sum, deepfakes are a real and growing phenomenon in election campaigns²⁰²¹ worldwide – a trend taken seriously by voters and regulators alike.

    U.S. Legal Framework and Accountability

    In the U.S., deepfake creators and distributors of election misinformation face a patchwork of tools, but no single comprehensive federal “deepfake law.” Existing laws relevant to disinformation include statutes against impersonating government officials, electioneering, and targeted statutes like criminal electioneering communications. In some cases ordinary laws have been stretched: the NH robocall used the Telephone Consumer Protection Act and mail/telemarketing fraud provisions, resulting in the M fine and a criminal charge. Similarly, voice impostors can potentially violate laws against “false advertising” or “unlawful corporate communications.” However, these laws were enacted before AI, and litigators have warned they often do not fit neatly. For example, deceptive deepfake claims not tied to a specific victim do not easily fit into defamation or privacy torts. Voter intimidation lawsalso leave a gap for non-threatening falsehoods about voting logistics or endorsements.

    Recognizing these gaps, some courts and agencies are invoking other theories. The U.S. Department of Justice has recently charged individuals under broad fraud statutes, and state attorneys general have considered deepfake misinformation as interference with voting rights. Notably, the Federal Election Commissionis preparing to enforce new rules: in April 2024 it issued an advisory opinion limiting “non-candidate electioneering communications” that use falsified media, effectively requiring that political ads use only real images of the candidate. If finalized, that would make it unlawful for campaigns to pay for ads depicting a candidate saying things they never did. Similarly, the Federal Trade Commissionand Department of Justicehave signaled that purely commercial deepfakes could violate consumer protection or election laws.

    U.S. Legislation and Proposals

    Federal lawmakers have proposed new statutes. The DEEPFAKES Accountability Actwould, among other things, impose a disclosure requirement: political ads featuring a manipulated media likeness would need clear disclaimers identifying the content as synthetic. It also increases penalties for producing false election videos or audio intended to influence the vote. While not yet enacted, supporters argue it would provide a uniform rule for all federal and state campaigns. The Brennan Center supports transparency requirements over outright bans, suggesting laws should narrowly target deceptive deepfakes in paid ads or certain categorieswhile carving out parody and news coverage.

    At the state level, over 20 states have passed deepfake laws specifically for elections. For example, Florida and California forbid distributing falsified audio/visual media of candidates with intent to deceive voters. Some statesdefine “deepfake” in statutes and allow candidates to sue or revoke candidacies of violators. These measures have had mixed success: courts have struck down overly broad provisions that acted as prior restraints. Critically, these state laws raise First Amendment issues: political speech is highly protected, so any restriction must be tightly tailored. Already, Texas and Virginia statutes are under legal review, and Elon Musk’s company has sued under California’s lawas unconstitutional. In practice, most lawsuits have so far centered on defamation or intellectual property, rather than election-focused statutes.

    Policy Recommendations: Balancing Integrity and Speech

    Given the rapidly evolving technology, experts recommend a multi-pronged approach. Most stress transparency and disclosure as core principles. For example, the Brennan Center urges requiring any political communication that uses AI-synthesized images or voice to include a clear label. This could be a digital watermark or a visible disclaimer. Transparency has two advantages: it forces campaigns and platforms to “own” the use of AI, and it alerts audiences to treat the content with skepticism.

    Outright bans on all deepfakes would likely violate free speech, but targeted bans on specific harmsmay be defensible. Indeed, Florida already penalizes misuse of recordings in voter suppression. Another recommendation is limited liability: tying penalties to demonstrable intent to mislead, not to the mere act of content creation. Both U.S. federal proposals and EU law generally condition fines on the “appearance of fraud” or deception.

    Technical solutions can complement laws. Watermarking original mediacould deter the reuse of authentic images in doctored fakes. Open tools for deepfake detection – some supported by government research grants – should be deployed by fact-checkers and social platforms. Making detection datasets publicly availablehelps improve AI models to spot fakes. International cooperation is also urged: cross-border agreements on information-sharing could help trace and halt disinformation campaigns. The G7 and APEC have all recently committed to fighting election interference via AI, which may lead to joint norms or rapid response teams.

    Ultimately, many analysts believe the strongest “cure” is a well-informed public: education campaigns to teach voters to question sensational media, and a robust independent press to debunk falsehoods swiftly. While the law can penalize the worst offenders, awareness and resilience in the electorate are crucial buffers against influence operations. As Georgia Tech’s Sean Parker quipped in 2019, “the real question is not if deepfakes will influence elections, but who will be empowered by the first effective one.” Thus policies should aim to deter malicious use without unduly chilling innovation or satire.

    References:

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    The post The Legal Accountability of AI-Generated Deepfakes in Election Misinformation appeared first on MarkTechPost.
    #legal #accountability #aigenerated #deepfakes #election
    The Legal Accountability of AI-Generated Deepfakes in Election Misinformation
    How Deepfakes Are Created Generative AI models enable the creation of highly realistic fake media. Most deepfakes today are produced by training deep neural networks on real images, video or audio of a target person. The two predominant AI architectures are generative adversarial networksand autoencoders. A GAN consists of a generator network that produces synthetic images and a discriminator network that tries to distinguish fakes from real data. Through iterative training, the generator learns to produce outputs that increasingly fool the discriminator¹. Autoencoder-based tools similarly learn to encode a target face and then decode it onto a source video. In practice, deepfake creators use accessible software: open-source tools like DeepFaceLab and FaceSwap dominate video face-swapping². Voice-cloning toolscan mimic a person’s speech from minutes of audio. Commercial platforms like Synthesia allow text-to-video avatars, which have already been misused in disinformation campaigns³. Even mobile appslet users do basic face swaps in minutes⁴. In short, advances in GANs and related models make deepfakes cheaper and easier to generate than ever. Diagram of a generative adversarial network: A generator network creates fake images from random input and a discriminator network distinguishes fakes from real examples. Over time the generator improves until its outputs “fool” the discriminator⁵ During creation, a deepfake algorithm is typically trained on a large dataset of real images or audio from the target. The more varied and high-quality the training data, the more realistic the deepfake. The output often then undergoes post-processingto enhance believability¹. Technical defenses focus on two fronts: detection and authentication. Detection uses AI models to spot inconsistenciesthat betray a synthetic origin⁵. Authentication embeds markers before dissemination – for example, invisible watermarks or cryptographically signed metadata indicating authenticity⁶. The EU AI Act will soon mandate that major AI content providers embed machine-readable “watermark” signals in synthetic media⁷. However, as GAO notes, detection is an arms race – even a marked deepfake can sometimes evade notice – and labels alone don’t stop false narratives from spreading⁸⁹. Deepfakes in Recent Elections: Examples Deepfakes and AI-generated imagery already have made headlines in election cycles around the world. In the 2024 U.S. primary season, a digitally-altered audio robocall mimicked President Biden’s voice urging Democrats not to vote in the New Hampshire primary. The callerwas later fined million by the FCC and indicted under existing telemarketing laws¹⁰¹¹.Also in 2024, former President Trump posted on social media a collage implying that pop singer Taylor Swift endorsed his campaign, using AI-generated images of Swift in “Swifties for Trump” shirts¹². The posts sparked media uproar, though analysts noted the same effect could have been achieved without AI¹². Similarly, Elon Musk’s X platform carried AI-generated clips, including a parody “Ad” depicting Vice-President Harris’s voice via an AI clone¹³. Beyond the U.S., deepfake-like content has appeared globally. In Indonesia’s 2024 presidential election, a video surfaced on social media in which a convincingly generated image of the late President Suharto appeared to endorse the candidate of the Golkar Party. Days later, the endorsed candidatewon the presidency¹⁴. In Bangladesh, a viral deepfake video superimposed the face of opposition leader Rumeen Farhana onto a bikini-clad body – an incendiary fabrication designed to discredit her in the conservative Muslim-majority society¹⁵. Moldova’s pro-Western President Maia Sandu has been repeatedly targeted by AI-driven disinformation; one deepfake video falsely showed her resigning and endorsing a Russian-friendly party, apparently to sow distrust in the electoral process¹⁶. Even in Taiwan, a TikTok clip circulated that synthetically portrayed a U.S. politician making foreign-policy statements – stoking confusion ahead of Taiwanese elections¹⁷. In Slovakia’s recent campaign, AI-generated audio mimicking the liberal party leader suggested he plotted vote-rigging and beer-price hikes – instantly spreading on social media just days before the election¹⁸. These examples show that deepfakes have touched diverse polities, often aiming to undermine candidates or confuse voters¹⁵¹⁸. Notably, many of the most viral “deepfakes” in 2024 were actually circulated as obvious memes or claims, rather than subtle deceptions. Experts observed that outright undetectable AI deepfakes were relatively rare; more common were AI-generated memes plainly shared by partisans, or cheaply doctored “cheapfakes” made with basic editing tools¹³¹⁹. For instance, social media was awash with memes of Kamala Harris in Soviet garb or of Black Americans holding Trump signs¹³, but these were typically used satirically, not meant to be secretly believed. Nonetheless, even unsophisticated fakes can sway opinion: a U.S. study found that false presidential adsdid change voter attitudes in swing states. In sum, deepfakes are a real and growing phenomenon in election campaigns²⁰²¹ worldwide – a trend taken seriously by voters and regulators alike. U.S. Legal Framework and Accountability In the U.S., deepfake creators and distributors of election misinformation face a patchwork of tools, but no single comprehensive federal “deepfake law.” Existing laws relevant to disinformation include statutes against impersonating government officials, electioneering, and targeted statutes like criminal electioneering communications. In some cases ordinary laws have been stretched: the NH robocall used the Telephone Consumer Protection Act and mail/telemarketing fraud provisions, resulting in the M fine and a criminal charge. Similarly, voice impostors can potentially violate laws against “false advertising” or “unlawful corporate communications.” However, these laws were enacted before AI, and litigators have warned they often do not fit neatly. For example, deceptive deepfake claims not tied to a specific victim do not easily fit into defamation or privacy torts. Voter intimidation lawsalso leave a gap for non-threatening falsehoods about voting logistics or endorsements. Recognizing these gaps, some courts and agencies are invoking other theories. The U.S. Department of Justice has recently charged individuals under broad fraud statutes, and state attorneys general have considered deepfake misinformation as interference with voting rights. Notably, the Federal Election Commissionis preparing to enforce new rules: in April 2024 it issued an advisory opinion limiting “non-candidate electioneering communications” that use falsified media, effectively requiring that political ads use only real images of the candidate. If finalized, that would make it unlawful for campaigns to pay for ads depicting a candidate saying things they never did. Similarly, the Federal Trade Commissionand Department of Justicehave signaled that purely commercial deepfakes could violate consumer protection or election laws. U.S. Legislation and Proposals Federal lawmakers have proposed new statutes. The DEEPFAKES Accountability Actwould, among other things, impose a disclosure requirement: political ads featuring a manipulated media likeness would need clear disclaimers identifying the content as synthetic. It also increases penalties for producing false election videos or audio intended to influence the vote. While not yet enacted, supporters argue it would provide a uniform rule for all federal and state campaigns. The Brennan Center supports transparency requirements over outright bans, suggesting laws should narrowly target deceptive deepfakes in paid ads or certain categorieswhile carving out parody and news coverage. At the state level, over 20 states have passed deepfake laws specifically for elections. For example, Florida and California forbid distributing falsified audio/visual media of candidates with intent to deceive voters. Some statesdefine “deepfake” in statutes and allow candidates to sue or revoke candidacies of violators. These measures have had mixed success: courts have struck down overly broad provisions that acted as prior restraints. Critically, these state laws raise First Amendment issues: political speech is highly protected, so any restriction must be tightly tailored. Already, Texas and Virginia statutes are under legal review, and Elon Musk’s company has sued under California’s lawas unconstitutional. In practice, most lawsuits have so far centered on defamation or intellectual property, rather than election-focused statutes. Policy Recommendations: Balancing Integrity and Speech Given the rapidly evolving technology, experts recommend a multi-pronged approach. Most stress transparency and disclosure as core principles. For example, the Brennan Center urges requiring any political communication that uses AI-synthesized images or voice to include a clear label. This could be a digital watermark or a visible disclaimer. Transparency has two advantages: it forces campaigns and platforms to “own” the use of AI, and it alerts audiences to treat the content with skepticism. Outright bans on all deepfakes would likely violate free speech, but targeted bans on specific harmsmay be defensible. Indeed, Florida already penalizes misuse of recordings in voter suppression. Another recommendation is limited liability: tying penalties to demonstrable intent to mislead, not to the mere act of content creation. Both U.S. federal proposals and EU law generally condition fines on the “appearance of fraud” or deception. Technical solutions can complement laws. Watermarking original mediacould deter the reuse of authentic images in doctored fakes. Open tools for deepfake detection – some supported by government research grants – should be deployed by fact-checkers and social platforms. Making detection datasets publicly availablehelps improve AI models to spot fakes. International cooperation is also urged: cross-border agreements on information-sharing could help trace and halt disinformation campaigns. The G7 and APEC have all recently committed to fighting election interference via AI, which may lead to joint norms or rapid response teams. Ultimately, many analysts believe the strongest “cure” is a well-informed public: education campaigns to teach voters to question sensational media, and a robust independent press to debunk falsehoods swiftly. While the law can penalize the worst offenders, awareness and resilience in the electorate are crucial buffers against influence operations. As Georgia Tech’s Sean Parker quipped in 2019, “the real question is not if deepfakes will influence elections, but who will be empowered by the first effective one.” Thus policies should aim to deter malicious use without unduly chilling innovation or satire. References: /. /. . . . . . . . /. . . /. /. . The post The Legal Accountability of AI-Generated Deepfakes in Election Misinformation appeared first on MarkTechPost. #legal #accountability #aigenerated #deepfakes #election
    WWW.MARKTECHPOST.COM
    The Legal Accountability of AI-Generated Deepfakes in Election Misinformation
    How Deepfakes Are Created Generative AI models enable the creation of highly realistic fake media. Most deepfakes today are produced by training deep neural networks on real images, video or audio of a target person. The two predominant AI architectures are generative adversarial networks (GANs) and autoencoders. A GAN consists of a generator network that produces synthetic images and a discriminator network that tries to distinguish fakes from real data. Through iterative training, the generator learns to produce outputs that increasingly fool the discriminator¹. Autoencoder-based tools similarly learn to encode a target face and then decode it onto a source video. In practice, deepfake creators use accessible software: open-source tools like DeepFaceLab and FaceSwap dominate video face-swapping (one estimate suggests DeepFaceLab was used for over 95% of known deepfake videos)². Voice-cloning tools (often built on similar AI principles) can mimic a person’s speech from minutes of audio. Commercial platforms like Synthesia allow text-to-video avatars (turning typed scripts into lifelike “spokespeople”), which have already been misused in disinformation campaigns³. Even mobile apps (e.g. FaceApp, Zao) let users do basic face swaps in minutes⁴. In short, advances in GANs and related models make deepfakes cheaper and easier to generate than ever. Diagram of a generative adversarial network (GAN): A generator network creates fake images from random input and a discriminator network distinguishes fakes from real examples. Over time the generator improves until its outputs “fool” the discriminator⁵ During creation, a deepfake algorithm is typically trained on a large dataset of real images or audio from the target. The more varied and high-quality the training data, the more realistic the deepfake. The output often then undergoes post-processing (color adjustments, lip-syncing refinements) to enhance believability¹. Technical defenses focus on two fronts: detection and authentication. Detection uses AI models to spot inconsistencies (blinking irregularities, audio artifacts or metadata mismatches) that betray a synthetic origin⁵. Authentication embeds markers before dissemination – for example, invisible watermarks or cryptographically signed metadata indicating authenticity⁶. The EU AI Act will soon mandate that major AI content providers embed machine-readable “watermark” signals in synthetic media⁷. However, as GAO notes, detection is an arms race – even a marked deepfake can sometimes evade notice – and labels alone don’t stop false narratives from spreading⁸⁹. Deepfakes in Recent Elections: Examples Deepfakes and AI-generated imagery already have made headlines in election cycles around the world. In the 2024 U.S. primary season, a digitally-altered audio robocall mimicked President Biden’s voice urging Democrats not to vote in the New Hampshire primary. The caller (“Susan Anderson”) was later fined $6 million by the FCC and indicted under existing telemarketing laws¹⁰¹¹. (Importantly, FCC rules on robocalls applied regardless of AI: the perpetrator could have used a voice actor or recording instead.) Also in 2024, former President Trump posted on social media a collage implying that pop singer Taylor Swift endorsed his campaign, using AI-generated images of Swift in “Swifties for Trump” shirts¹². The posts sparked media uproar, though analysts noted the same effect could have been achieved without AI (e.g., by photoshopping text on real images)¹². Similarly, Elon Musk’s X platform carried AI-generated clips, including a parody “Ad” depicting Vice-President Harris’s voice via an AI clone¹³. Beyond the U.S., deepfake-like content has appeared globally. In Indonesia’s 2024 presidential election, a video surfaced on social media in which a convincingly generated image of the late President Suharto appeared to endorse the candidate of the Golkar Party. Days later, the endorsed candidate (who is Suharto’s son-in-law) won the presidency¹⁴. In Bangladesh, a viral deepfake video superimposed the face of opposition leader Rumeen Farhana onto a bikini-clad body – an incendiary fabrication designed to discredit her in the conservative Muslim-majority society¹⁵. Moldova’s pro-Western President Maia Sandu has been repeatedly targeted by AI-driven disinformation; one deepfake video falsely showed her resigning and endorsing a Russian-friendly party, apparently to sow distrust in the electoral process¹⁶. Even in Taiwan (amidst tensions with China), a TikTok clip circulated that synthetically portrayed a U.S. politician making foreign-policy statements – stoking confusion ahead of Taiwanese elections¹⁷. In Slovakia’s recent campaign, AI-generated audio mimicking the liberal party leader suggested he plotted vote-rigging and beer-price hikes – instantly spreading on social media just days before the election¹⁸. These examples show that deepfakes have touched diverse polities (from Bangladesh and Indonesia to Moldova, Slovakia, India and beyond), often aiming to undermine candidates or confuse voters¹⁵¹⁸. Notably, many of the most viral “deepfakes” in 2024 were actually circulated as obvious memes or claims, rather than subtle deceptions. Experts observed that outright undetectable AI deepfakes were relatively rare; more common were AI-generated memes plainly shared by partisans, or cheaply doctored “cheapfakes” made with basic editing tools¹³¹⁹. For instance, social media was awash with memes of Kamala Harris in Soviet garb or of Black Americans holding Trump signs¹³, but these were typically used satirically, not meant to be secretly believed. Nonetheless, even unsophisticated fakes can sway opinion: a U.S. study found that false presidential ads (not necessarily AI-made) did change voter attitudes in swing states. In sum, deepfakes are a real and growing phenomenon in election campaigns²⁰²¹ worldwide – a trend taken seriously by voters and regulators alike. U.S. Legal Framework and Accountability In the U.S., deepfake creators and distributors of election misinformation face a patchwork of tools, but no single comprehensive federal “deepfake law.” Existing laws relevant to disinformation include statutes against impersonating government officials, electioneering (such as the Bipartisan Campaign Reform Act, which requires disclaimers on political ads), and targeted statutes like criminal electioneering communications. In some cases ordinary laws have been stretched: the NH robocall used the Telephone Consumer Protection Act and mail/telemarketing fraud provisions, resulting in the $6M fine and a criminal charge. Similarly, voice impostors can potentially violate laws against “false advertising” or “unlawful corporate communications.” However, these laws were enacted before AI, and litigators have warned they often do not fit neatly. For example, deceptive deepfake claims not tied to a specific victim do not easily fit into defamation or privacy torts. Voter intimidation laws (prohibiting threats or coercion) also leave a gap for non-threatening falsehoods about voting logistics or endorsements. Recognizing these gaps, some courts and agencies are invoking other theories. The U.S. Department of Justice has recently charged individuals under broad fraud statutes (e.g. for a plot to impersonate an aide to swing votes in 2020), and state attorneys general have considered deepfake misinformation as interference with voting rights. Notably, the Federal Election Commission (FEC) is preparing to enforce new rules: in April 2024 it issued an advisory opinion limiting “non-candidate electioneering communications” that use falsified media, effectively requiring that political ads use only real images of the candidate. If finalized, that would make it unlawful for campaigns to pay for ads depicting a candidate saying things they never did. Similarly, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have signaled that purely commercial deepfakes could violate consumer protection or election laws (for example, liability for mass false impersonation or for foreign-funded electioneering). U.S. Legislation and Proposals Federal lawmakers have proposed new statutes. The DEEPFAKES Accountability Act (H.R.5586 in the 118th Congress) would, among other things, impose a disclosure requirement: political ads featuring a manipulated media likeness would need clear disclaimers identifying the content as synthetic. It also increases penalties for producing false election videos or audio intended to influence the vote. While not yet enacted, supporters argue it would provide a uniform rule for all federal and state campaigns. The Brennan Center supports transparency requirements over outright bans, suggesting laws should narrowly target deceptive deepfakes in paid ads or certain categories (e.g. false claims about time/place/manner of voting) while carving out parody and news coverage. At the state level, over 20 states have passed deepfake laws specifically for elections. For example, Florida and California forbid distributing falsified audio/visual media of candidates with intent to deceive voters (though Florida’s law exempts parody). Some states (like Texas) define “deepfake” in statutes and allow candidates to sue or revoke candidacies of violators. These measures have had mixed success: courts have struck down overly broad provisions that acted as prior restraints (e.g. Minnesota’s 2023 law was challenged for threatening injunctions against anyone “reasonably believed” to violate it). Critically, these state laws raise First Amendment issues: political speech is highly protected, so any restriction must be tightly tailored. Already, Texas and Virginia statutes are under legal review, and Elon Musk’s company has sued under California’s law (which requires platforms to label or block deepfakes) as unconstitutional. In practice, most lawsuits have so far centered on defamation or intellectual property (for instance, a celebrity suing over a botched celebrity-deepfake video), rather than election-focused statutes. Policy Recommendations: Balancing Integrity and Speech Given the rapidly evolving technology, experts recommend a multi-pronged approach. Most stress transparency and disclosure as core principles. For example, the Brennan Center urges requiring any political communication that uses AI-synthesized images or voice to include a clear label. This could be a digital watermark or a visible disclaimer. Transparency has two advantages: it forces campaigns and platforms to “own” the use of AI, and it alerts audiences to treat the content with skepticism. Outright bans on all deepfakes would likely violate free speech, but targeted bans on specific harms (e.g. automated phone calls impersonating voters, or videos claiming false polling information) may be defensible. Indeed, Florida already penalizes misuse of recordings in voter suppression. Another recommendation is limited liability: tying penalties to demonstrable intent to mislead, not to the mere act of content creation. Both U.S. federal proposals and EU law generally condition fines on the “appearance of fraud” or deception. Technical solutions can complement laws. Watermarking original media (as encouraged by the EU AI Act) could deter the reuse of authentic images in doctored fakes. Open tools for deepfake detection – some supported by government research grants – should be deployed by fact-checkers and social platforms. Making detection datasets publicly available (e.g. the MIT OpenDATATEST) helps improve AI models to spot fakes. International cooperation is also urged: cross-border agreements on information-sharing could help trace and halt disinformation campaigns. The G7 and APEC have all recently committed to fighting election interference via AI, which may lead to joint norms or rapid response teams. Ultimately, many analysts believe the strongest “cure” is a well-informed public: education campaigns to teach voters to question sensational media, and a robust independent press to debunk falsehoods swiftly. While the law can penalize the worst offenders, awareness and resilience in the electorate are crucial buffers against influence operations. As Georgia Tech’s Sean Parker quipped in 2019, “the real question is not if deepfakes will influence elections, but who will be empowered by the first effective one.” Thus policies should aim to deter malicious use without unduly chilling innovation or satire. References: https://www.security.org/resources/deepfake-statistics/. https://www.wired.com/story/synthesia-ai-deepfakes-it-control-riparbelli/. https://www.gao.gov/products/gao-24-107292. https://technologyquotient.freshfields.com/post/102jb19/eu-ai-act-unpacked-8-new-rules-on-deepfakes. https://knightcolumbia.org/blog/we-looked-at-78-election-deepfakes-political-misinformation-is-not-an-ai-problem. https://www.npr.org/2024/12/21/nx-s1-5220301/deepfakes-memes-artificial-intelligence-elections. https://apnews.com/article/artificial-intelligence-elections-disinformation-chatgpt-bc283e7426402f0b4baa7df280a4c3fd. https://www.lawfaremedia.org/article/new-and-old-tools-to-tackle-deepfakes-and-election-lies-in-2024. https://www.brennancenter.org/our-work/research-reports/regulating-ai-deepfakes-and-synthetic-media-political-arena. https://firstamendment.mtsu.edu/article/political-deepfakes-and-elections/. https://www.ncsl.org/technology-and-communication/deceptive-audio-or-visual-media-deepfakes-2024-legislation. https://law.unh.edu/sites/default/files/media/2022/06/nagumotu_pp113-157.pdf. https://dfrlab.org/2024/10/02/brazil-election-ai-research/. https://dfrlab.org/2024/11/26/brazil-election-ai-deepfakes/. https://freedomhouse.org/article/eu-digital-services-act-win-transparency. The post The Legal Accountability of AI-Generated Deepfakes in Election Misinformation appeared first on MarkTechPost.
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  • Trump makes a last-minute backtrack on his pick to lead NASA

    NASA's next mission will be to find a new agency leader, following a dramatic reversal from President Donald Trump. In a post made on Truth Social, the president withdrew his nomination of Jared Isaacman as the head of NASA. As first reported by Semafor, the pullback comes just a few days before Isaacman was due in front of the US Senate for a confirmation vote.
    Trump detailed in the post that he will soon announce another nominee who is more aligned with the president's mission and will "put America First in Space." Liz Huston, a White House spokesperson, said in a statement that it was "essential that the next leader of NASA is in complete alignment with President Trump’s America First agenda." According to The New York Times, unnamed sources attribute the withdrawal to Isaacman's previous donations to "prominent Democrats."
    Besides his role as CEO of payment processing company Shift4, Isaacman has been venturing into the world of commercial space travel. The billionaire businessman has been to space twice now, even serving as the mission commander of the Polaris Dawn mission that was operated by SpaceX and saw the first commercial spacewalk. Isaacman was known as a close ally of Elon Musk, who is the CEO of SpaceX and recently left his White House role as an adviser to the president.This article originally appeared on Engadget at
    #trump #makes #lastminute #backtrack #his
    Trump makes a last-minute backtrack on his pick to lead NASA
    NASA's next mission will be to find a new agency leader, following a dramatic reversal from President Donald Trump. In a post made on Truth Social, the president withdrew his nomination of Jared Isaacman as the head of NASA. As first reported by Semafor, the pullback comes just a few days before Isaacman was due in front of the US Senate for a confirmation vote. Trump detailed in the post that he will soon announce another nominee who is more aligned with the president's mission and will "put America First in Space." Liz Huston, a White House spokesperson, said in a statement that it was "essential that the next leader of NASA is in complete alignment with President Trump’s America First agenda." According to The New York Times, unnamed sources attribute the withdrawal to Isaacman's previous donations to "prominent Democrats." Besides his role as CEO of payment processing company Shift4, Isaacman has been venturing into the world of commercial space travel. The billionaire businessman has been to space twice now, even serving as the mission commander of the Polaris Dawn mission that was operated by SpaceX and saw the first commercial spacewalk. Isaacman was known as a close ally of Elon Musk, who is the CEO of SpaceX and recently left his White House role as an adviser to the president.This article originally appeared on Engadget at #trump #makes #lastminute #backtrack #his
    WWW.ENGADGET.COM
    Trump makes a last-minute backtrack on his pick to lead NASA
    NASA's next mission will be to find a new agency leader, following a dramatic reversal from President Donald Trump. In a post made on Truth Social, the president withdrew his nomination of Jared Isaacman as the head of NASA. As first reported by Semafor, the pullback comes just a few days before Isaacman was due in front of the US Senate for a confirmation vote. Trump detailed in the post that he will soon announce another nominee who is more aligned with the president's mission and will "put America First in Space." Liz Huston, a White House spokesperson, said in a statement that it was "essential that the next leader of NASA is in complete alignment with President Trump’s America First agenda." According to The New York Times, unnamed sources attribute the withdrawal to Isaacman's previous donations to "prominent Democrats." Besides his role as CEO of payment processing company Shift4, Isaacman has been venturing into the world of commercial space travel. The billionaire businessman has been to space twice now, even serving as the mission commander of the Polaris Dawn mission that was operated by SpaceX and saw the first commercial spacewalk. Isaacman was known as a close ally of Elon Musk, who is the CEO of SpaceX and recently left his White House role as an adviser to the president.This article originally appeared on Engadget at https://www.engadget.com/science/space/trump-makes-a-last-minute-backtrack-on-his-pick-to-lead-nasa-153253836.html?src=rss
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  • Trump pulls Isaacman nomination for space. Source: “NASA is f***ed”. "NASA's budget request is just a going-out-of-business mode" without Isaacman.

    Not A Super Announcement

    Trump pulls Isaacman nomination for space. Source: “NASA is f***ed”

    "NASA's budget request is just a going-out-of-business mode" without Isaacman.

    Eric Berger



    May 31, 2025 5:22 pm

    |

    59

    Jared Isaacman during training at SpaceX before the Polaris Dawn mission.

    Credit:

    SpaceX

    Jared Isaacman during training at SpaceX before the Polaris Dawn mission.

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    SpaceX

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    The Trump administration has confirmed that it is pulling the nomination of private astronaut Jared Isaacman to lead NASA.
    First reported by Semafor, the decision appears to have been made because Isaacman was not politically loyal enough to the Trump Administration.
    "The Administrator of NASA will help lead humanity into space and execute President Trump’s bold mission of planting the American flag on the planet Mars," Liz Huston, a White House Spokesperson, said in a statement released Saturday. "It's essential that the next leader of NASA is in complete alignment with President Trump’s America First agenda and a replacement will be announced directly by President Trump soon."
    The US Senate Commerce Committee approved Issacman's nomination by a vote of 19 to 9 one month ago, advancing his candidacy to the floor of the US Senate, with unanimous support from Republicans in that April vote. Approval was anticipated after the Memorial Day Holiday. But the tide started to turn against Isaacman late this past week, with the first rumblings of problems coming on Friday, May 30.
    Not MAGA enough
    On Saturday, far-right political activist Laura Loomer said on X, "Deep State operatives are trying to derail President Trump’s NASA Administrator pick Jared Isaacman before his Senate confirmation vote this week."
    This was the first public sign that Isaacman's candidacy was imperiled.
    So what happened? The waters of MAGA run murky, and the political machinations of the Trump administration are abstruse. However, the timing of Isaacman's derailment coincides with the recent departure of SpaceX founder Elon Musk from Washington. Musk had a central role in the Trump Administration during its first four months. In an interview on Tuesday, Musk told Ars that he has now "significantly" reduced his involvement in politics.

    Musk was a key factor behind Isaacman's nomination as NASA administrator, and with his backing, Isaacman was able to skip some of the party purity tests that have been applied to other Trump administration nominees. One mark against Isaacman is that he had recently donated money to Democrats. He also indicated opposition to some of the White House's proposed cuts to NASA's science budget.
    Musk's role in the government was highly controversial, winning him enemies both among opponents of Trump's "Make America Great Again" agenda as well as inside the administration. One source told Ars that, with Musk's exit, his opponents within the administration sought to punish him by killing Isaacman's nomination.
    The loss of Isaacman is almost certainly a blow to NASA, which faces substantial budget cuts. The Trump Administration's budget request for fiscal year 2026, released Friday, seeks billion for the agency next year—a 24 percent cut from the agency's budget of billion for FY 2025.
    Going out of business?
    Isaacman is generally well-liked in the space community and is known to care deeply about space exploration. Officials within the space agency—and the larger space community—hoped that having him as NASA's leader would help the agency restore some of these cuts.
    Now? "NASA is f---ed," one current leader in the agency told Ars on Saturday.
    "NASA's budget request is just a going-out-of-business mode without Jared there to innovate," a former senior NASA leader said.
    The Trump administration did not immediately name a new nominee, but two people told Ars that former US Air Force Lieutenant General Steven L. Kwast may be near the top of the list. Now retired, Kwast has a distinguished record in the Air Force and is politically loyal to Trump and MAGA.
    However, his background seems to be far less oriented toward NASA's civil space mission and far more focused on seeing space as a battlefield—decidedly not an arena for cooperation and peaceful exploration.

    Eric Berger
    Senior Space Editor

    Eric Berger
    Senior Space Editor

    Eric Berger is the senior space editor at Ars Technica, covering everything from astronomy to private space to NASA policy, and author of two books: Liftoff, about the rise of SpaceX; and Reentry, on the development of the Falcon 9 rocket and Dragon. A certified meteorologist, Eric lives in Houston.

    59 Comments
    #trump #pulls #isaacman #nomination #space
    Trump pulls Isaacman nomination for space. Source: “NASA is f***ed”. "NASA's budget request is just a going-out-of-business mode" without Isaacman.
    Not A Super Announcement Trump pulls Isaacman nomination for space. Source: “NASA is f***ed” "NASA's budget request is just a going-out-of-business mode" without Isaacman. Eric Berger – May 31, 2025 5:22 pm | 59 Jared Isaacman during training at SpaceX before the Polaris Dawn mission. Credit: SpaceX Jared Isaacman during training at SpaceX before the Polaris Dawn mission. Credit: SpaceX Story text Size Small Standard Large Width * Standard Wide Links Standard Orange * Subscribers only   Learn more The Trump administration has confirmed that it is pulling the nomination of private astronaut Jared Isaacman to lead NASA. First reported by Semafor, the decision appears to have been made because Isaacman was not politically loyal enough to the Trump Administration. "The Administrator of NASA will help lead humanity into space and execute President Trump’s bold mission of planting the American flag on the planet Mars," Liz Huston, a White House Spokesperson, said in a statement released Saturday. "It's essential that the next leader of NASA is in complete alignment with President Trump’s America First agenda and a replacement will be announced directly by President Trump soon." The US Senate Commerce Committee approved Issacman's nomination by a vote of 19 to 9 one month ago, advancing his candidacy to the floor of the US Senate, with unanimous support from Republicans in that April vote. Approval was anticipated after the Memorial Day Holiday. But the tide started to turn against Isaacman late this past week, with the first rumblings of problems coming on Friday, May 30. Not MAGA enough On Saturday, far-right political activist Laura Loomer said on X, "Deep State operatives are trying to derail President Trump’s NASA Administrator pick Jared Isaacman before his Senate confirmation vote this week." This was the first public sign that Isaacman's candidacy was imperiled. So what happened? The waters of MAGA run murky, and the political machinations of the Trump administration are abstruse. However, the timing of Isaacman's derailment coincides with the recent departure of SpaceX founder Elon Musk from Washington. Musk had a central role in the Trump Administration during its first four months. In an interview on Tuesday, Musk told Ars that he has now "significantly" reduced his involvement in politics. Musk was a key factor behind Isaacman's nomination as NASA administrator, and with his backing, Isaacman was able to skip some of the party purity tests that have been applied to other Trump administration nominees. One mark against Isaacman is that he had recently donated money to Democrats. He also indicated opposition to some of the White House's proposed cuts to NASA's science budget. Musk's role in the government was highly controversial, winning him enemies both among opponents of Trump's "Make America Great Again" agenda as well as inside the administration. One source told Ars that, with Musk's exit, his opponents within the administration sought to punish him by killing Isaacman's nomination. The loss of Isaacman is almost certainly a blow to NASA, which faces substantial budget cuts. The Trump Administration's budget request for fiscal year 2026, released Friday, seeks billion for the agency next year—a 24 percent cut from the agency's budget of billion for FY 2025. Going out of business? Isaacman is generally well-liked in the space community and is known to care deeply about space exploration. Officials within the space agency—and the larger space community—hoped that having him as NASA's leader would help the agency restore some of these cuts. Now? "NASA is f---ed," one current leader in the agency told Ars on Saturday. "NASA's budget request is just a going-out-of-business mode without Jared there to innovate," a former senior NASA leader said. The Trump administration did not immediately name a new nominee, but two people told Ars that former US Air Force Lieutenant General Steven L. Kwast may be near the top of the list. Now retired, Kwast has a distinguished record in the Air Force and is politically loyal to Trump and MAGA. However, his background seems to be far less oriented toward NASA's civil space mission and far more focused on seeing space as a battlefield—decidedly not an arena for cooperation and peaceful exploration. Eric Berger Senior Space Editor Eric Berger Senior Space Editor Eric Berger is the senior space editor at Ars Technica, covering everything from astronomy to private space to NASA policy, and author of two books: Liftoff, about the rise of SpaceX; and Reentry, on the development of the Falcon 9 rocket and Dragon. A certified meteorologist, Eric lives in Houston. 59 Comments #trump #pulls #isaacman #nomination #space
    ARSTECHNICA.COM
    Trump pulls Isaacman nomination for space. Source: “NASA is f***ed”. "NASA's budget request is just a going-out-of-business mode" without Isaacman.
    Not A Super Announcement Trump pulls Isaacman nomination for space. Source: “NASA is f***ed” "NASA's budget request is just a going-out-of-business mode" without Isaacman. Eric Berger – May 31, 2025 5:22 pm | 59 Jared Isaacman during training at SpaceX before the Polaris Dawn mission. Credit: SpaceX Jared Isaacman during training at SpaceX before the Polaris Dawn mission. Credit: SpaceX Story text Size Small Standard Large Width * Standard Wide Links Standard Orange * Subscribers only   Learn more The Trump administration has confirmed that it is pulling the nomination of private astronaut Jared Isaacman to lead NASA. First reported by Semafor, the decision appears to have been made because Isaacman was not politically loyal enough to the Trump Administration. "The Administrator of NASA will help lead humanity into space and execute President Trump’s bold mission of planting the American flag on the planet Mars," Liz Huston, a White House Spokesperson, said in a statement released Saturday. "It's essential that the next leader of NASA is in complete alignment with President Trump’s America First agenda and a replacement will be announced directly by President Trump soon." The US Senate Commerce Committee approved Issacman's nomination by a vote of 19 to 9 one month ago, advancing his candidacy to the floor of the US Senate, with unanimous support from Republicans in that April vote. Approval was anticipated after the Memorial Day Holiday. But the tide started to turn against Isaacman late this past week, with the first rumblings of problems coming on Friday, May 30. Not MAGA enough On Saturday, far-right political activist Laura Loomer said on X, "Deep State operatives are trying to derail President Trump’s NASA Administrator pick Jared Isaacman before his Senate confirmation vote this week." This was the first public sign that Isaacman's candidacy was imperiled. So what happened? The waters of MAGA run murky, and the political machinations of the Trump administration are abstruse. However, the timing of Isaacman's derailment coincides with the recent departure of SpaceX founder Elon Musk from Washington. Musk had a central role in the Trump Administration during its first four months. In an interview on Tuesday, Musk told Ars that he has now "significantly" reduced his involvement in politics. Musk was a key factor behind Isaacman's nomination as NASA administrator, and with his backing, Isaacman was able to skip some of the party purity tests that have been applied to other Trump administration nominees. One mark against Isaacman is that he had recently donated money to Democrats. He also indicated opposition to some of the White House's proposed cuts to NASA's science budget. Musk's role in the government was highly controversial, winning him enemies both among opponents of Trump's "Make America Great Again" agenda as well as inside the administration. One source told Ars that, with Musk's exit, his opponents within the administration sought to punish him by killing Isaacman's nomination. The loss of Isaacman is almost certainly a blow to NASA, which faces substantial budget cuts. The Trump Administration's budget request for fiscal year 2026, released Friday, seeks $18.8 billion for the agency next year—a 24 percent cut from the agency's budget of $24.8 billion for FY 2025. Going out of business? Isaacman is generally well-liked in the space community and is known to care deeply about space exploration. Officials within the space agency—and the larger space community—hoped that having him as NASA's leader would help the agency restore some of these cuts. Now? "NASA is f---ed," one current leader in the agency told Ars on Saturday. "NASA's budget request is just a going-out-of-business mode without Jared there to innovate," a former senior NASA leader said. The Trump administration did not immediately name a new nominee, but two people told Ars that former US Air Force Lieutenant General Steven L. Kwast may be near the top of the list. Now retired, Kwast has a distinguished record in the Air Force and is politically loyal to Trump and MAGA. However, his background seems to be far less oriented toward NASA's civil space mission and far more focused on seeing space as a battlefield—decidedly not an arena for cooperation and peaceful exploration. Eric Berger Senior Space Editor Eric Berger Senior Space Editor Eric Berger is the senior space editor at Ars Technica, covering everything from astronomy to private space to NASA policy, and author of two books: Liftoff, about the rise of SpaceX; and Reentry, on the development of the Falcon 9 rocket and Dragon. A certified meteorologist, Eric lives in Houston. 59 Comments
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  • Elon Musk counts the cost of his four-month blitz through US government

    Lousy ROI

    Elon Musk counts the cost of his four-month blitz through US government

    Term at DOGE did serious damage to his brands, only achieved a fraction of hoped-for savings.

    Joe Miller and Alex Rogers, Financial Times



    May 30, 2025 9:28 am

    |

    59

    Elon Musk wields a chainsaw at the Conservative Political Action Conference in February to illustrate his aim to cut government waste

    Credit:

    Jose Luis Magana/AP

    Elon Musk wields a chainsaw at the Conservative Political Action Conference in February to illustrate his aim to cut government waste

    Credit:

    Jose Luis Magana/AP

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    Elon Musk’s four-month blitz through the US government briefly made him Washington’s most powerful businessman since the Gilded Age. But it has done little for his reputation or that of his companies.
    Musk this week formally abandoned his role as the head of the so-called Department of Government Efficiency, which has failed to find even a fraction of the trillion in savings he originally pledged.
    On Thursday, Donald Trump lamented his departure but said Musk “will always be with us, helping all the way.”
    Yet the billionaire will be left calculating the cost of his involvement with Trump and the meagre return on his million investment in the US president’s election campaign.
    “I appreciate the fact that Mr Musk put what was good for the country ahead of what was good for his own bottom line,” Tom Cole, the Republican chair of the House Appropriations Committee, told the Financial Times.
    After Doge was announced, a majority of American voters believed Musk would use the body to “enrich himself and undermine his business rivals,” according to a survey, instead of streamlining the government.
    Progressive groups warned that he would be “rigging federal procurement for billionaires and their pals” and cut regulations that govern his companies Tesla and SpaceX. Democratic lawmakers said Doge was a “cover-up” of a more sinister, self-serving exercise by the world’s richest person.
    Early moves by the Trump administration suggested Musk might get value for money. A lawsuit brought by the Biden administration against SpaceX over its hiring practices was dropped in February, and regulators probing his brain-implant company Neuralink were dismissed.
    Musk’s satellite Internet business Starlink was touted by Commerce Secretary Howard Lutnick as a potential beneficiary of a billion rural broadband scheme. An executive order calling for the establishment of a multibillion-dollar Iron Dome defense system in the US looked set to benefit Musk, due to SpaceX’s dominance in rocket launches.

    The gutting of various watchdogs across government also benefited Musk’s businesses, while a number of large US companies rushed to ink deals with Starlink or increase their advertising spending on X. Starlink also signed agreements to operate in India, Pakistan, and Vietnam, among other countries it has long wished to expand into.
    But while Doge took a scythe to various causes loathed by Musk, most notably international aid spending and government contracts purportedly linked to diversity initiatives or “woke” research, it also caused severe blowback to the billionaire’s businesses, particularly Tesla.

    At one point during his Doge tenure, Tesla’s stock had fallen 45 percent from its highest point last year, and reports emerged that the company’s board of directors had sought to replace Musk as chief executive. The 53-year-old’s personal wealth dropped by tens of billions of dollars, while his dealerships were torched and death threats poured in.
    Some of the brand damage to Tesla, until recently Musk’s primary source of wealth, could be permanent. “Eighty percent of Teslas in the US were sold in blue zip codes,” a former senior employee said. “Obviously that constituency has been deeply offended.”
    Starlink lost lucrative contracts in Canada and Mexico due to Musk’s political activities, while X lost 11 million users in Europe alone.
    Probes of Tesla and SpaceX by government regulators also continued apace, while the Trump administration pressed ahead with plans to abolish tax credits for electric vehicles and waged a trade war vehemently opposed by Musk that threatened to further damage car sales.
    In the political arena, few people were cheered by Doge’s work. Democrats were outraged by the gutting of foreign aid and by Musk’s 20-something acolytes gaining access to the Treasury’s payment system, along with the ousting of thousands of federal workers. Republicans looked askance at attempts to target defense spending. And true budget hawks were bitter that Musk could only cut a few billion dollars. Bill Gates even accused Musk of “killing the world’s poorest children” through his actions at Doge.

    Musk, so used to getting his way at his businesses, struggled for control. At various points in his tenure he took on Treasury Secretary Scott Bessent, Secretary of State Marco Rubio, Transport Secretary Sean Duffy, and trade tsar Peter Navarro, while clashing with several other senior officials.
    Far from being laser-focused on eliminating waste, Musk’s foray into government was a “revenge tour” against a bureaucracy the billionaire had come to see as the enemy of innovation, a former senior colleague of Musk’s said, highlighting the entrepreneur’s frustration with COVID-19 regulations in California, his perceived snub by the Biden administration, and his anger over his daughter’s gender transition.
    Trump’s AI and crypto tsar, David Sacks, an influential political voice in the tech world, “whippedup into a very, very far-right kind of mindset,” the person added, to the extent that was “going to help this administration in crushing the ‘woke’ agenda.”
    Neither Musk nor Sacks responded to requests for comment.
    Musk, who claimed Doge only acted in an “advisory role,” this week expressed frustration at it being used as a “whipping boy” for unpopular cuts decided by the White House and cabinet secretaries.
    “Trump, I think, was very savvy and allowed Doge to kind of take all those headlines for a traditional political scapegoat,” said Sahil Lavingia, head of a commerce start-up who worked for Doge until earlier this month. Musk, he added, might also have been keen to take credit for the gutting of USAID and other moves but ultimately garnered unwanted attention.
    “If you were truly evil,would just be more quiet,” said Lavingia, who joined the initiative in order to streamline processes within government. “You would do the evil stuff quietly.”

    The noise surrounding Musk, whose ability to dominate news cycles with a single post on his social media site X rivaled Trump’s own hold on the headlines, also frustrated the administration.
    This week, White House Deputy Chief of Staff Stephen Miller took to X to indirectly rebut the billionaire’s criticism of Trump’s signature tax bill, which he had lambasted for failing to cut the deficit or codify Doge’s cuts.
    Once almost synonymous with Musk, Doge is now being melded into the rest of government. In a briefing on Thursday, White House Press Secretary Karoline Leavitt said that following Musk’s departure, cabinet secretaries would “continue to work with the respective Doge employees who have onboarded as political appointees at all of these agencies.”
    She added: “The Doge leaders are each and every member of the President’s Cabinet and the President himself.”
    Doge’s aims have also become decidedly more quotidian. Tom Krause, a Musk ally who joined Doge and was installed at Treasury, briefed congressional staff this week on improvements to the IRS’s application program interfaces and customer service, according to a person familiar with the matter. Other Doge staffers are doing audits of IT contracts—work Lavingia compares with that done by McKinsey consultants.
    Freed from the constraints of being a government employee, Musk is increasingly threatening to become a thorn in Trump’s side.
    Soon after his Doge departure was announced, he again criticized the White House, this time over its plan to cancel clean energy tax credits.
    “Teddy Roosevelt had that great adage: ‘speak softly but carry a big stick’,” Fred Thiel, the chief executive of Bitcoin mining company MARA Holdings, told the FT. “Maybe Elon’s approach was a little bit different.”
    © 2025 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way.

    Joe Miller and Alex Rogers, Financial Times

    Joe Miller and Alex Rogers, Financial Times

    59 Comments
    #elon #musk #counts #cost #his
    Elon Musk counts the cost of his four-month blitz through US government
    Lousy ROI Elon Musk counts the cost of his four-month blitz through US government Term at DOGE did serious damage to his brands, only achieved a fraction of hoped-for savings. Joe Miller and Alex Rogers, Financial Times – May 30, 2025 9:28 am | 59 Elon Musk wields a chainsaw at the Conservative Political Action Conference in February to illustrate his aim to cut government waste Credit: Jose Luis Magana/AP Elon Musk wields a chainsaw at the Conservative Political Action Conference in February to illustrate his aim to cut government waste Credit: Jose Luis Magana/AP Story text Size Small Standard Large Width * Standard Wide Links Standard Orange * Subscribers only   Learn more Elon Musk’s four-month blitz through the US government briefly made him Washington’s most powerful businessman since the Gilded Age. But it has done little for his reputation or that of his companies. Musk this week formally abandoned his role as the head of the so-called Department of Government Efficiency, which has failed to find even a fraction of the trillion in savings he originally pledged. On Thursday, Donald Trump lamented his departure but said Musk “will always be with us, helping all the way.” Yet the billionaire will be left calculating the cost of his involvement with Trump and the meagre return on his million investment in the US president’s election campaign. “I appreciate the fact that Mr Musk put what was good for the country ahead of what was good for his own bottom line,” Tom Cole, the Republican chair of the House Appropriations Committee, told the Financial Times. After Doge was announced, a majority of American voters believed Musk would use the body to “enrich himself and undermine his business rivals,” according to a survey, instead of streamlining the government. Progressive groups warned that he would be “rigging federal procurement for billionaires and their pals” and cut regulations that govern his companies Tesla and SpaceX. Democratic lawmakers said Doge was a “cover-up” of a more sinister, self-serving exercise by the world’s richest person. Early moves by the Trump administration suggested Musk might get value for money. A lawsuit brought by the Biden administration against SpaceX over its hiring practices was dropped in February, and regulators probing his brain-implant company Neuralink were dismissed. Musk’s satellite Internet business Starlink was touted by Commerce Secretary Howard Lutnick as a potential beneficiary of a billion rural broadband scheme. An executive order calling for the establishment of a multibillion-dollar Iron Dome defense system in the US looked set to benefit Musk, due to SpaceX’s dominance in rocket launches. The gutting of various watchdogs across government also benefited Musk’s businesses, while a number of large US companies rushed to ink deals with Starlink or increase their advertising spending on X. Starlink also signed agreements to operate in India, Pakistan, and Vietnam, among other countries it has long wished to expand into. But while Doge took a scythe to various causes loathed by Musk, most notably international aid spending and government contracts purportedly linked to diversity initiatives or “woke” research, it also caused severe blowback to the billionaire’s businesses, particularly Tesla. At one point during his Doge tenure, Tesla’s stock had fallen 45 percent from its highest point last year, and reports emerged that the company’s board of directors had sought to replace Musk as chief executive. The 53-year-old’s personal wealth dropped by tens of billions of dollars, while his dealerships were torched and death threats poured in. Some of the brand damage to Tesla, until recently Musk’s primary source of wealth, could be permanent. “Eighty percent of Teslas in the US were sold in blue zip codes,” a former senior employee said. “Obviously that constituency has been deeply offended.” Starlink lost lucrative contracts in Canada and Mexico due to Musk’s political activities, while X lost 11 million users in Europe alone. Probes of Tesla and SpaceX by government regulators also continued apace, while the Trump administration pressed ahead with plans to abolish tax credits for electric vehicles and waged a trade war vehemently opposed by Musk that threatened to further damage car sales. In the political arena, few people were cheered by Doge’s work. Democrats were outraged by the gutting of foreign aid and by Musk’s 20-something acolytes gaining access to the Treasury’s payment system, along with the ousting of thousands of federal workers. Republicans looked askance at attempts to target defense spending. And true budget hawks were bitter that Musk could only cut a few billion dollars. Bill Gates even accused Musk of “killing the world’s poorest children” through his actions at Doge. Musk, so used to getting his way at his businesses, struggled for control. At various points in his tenure he took on Treasury Secretary Scott Bessent, Secretary of State Marco Rubio, Transport Secretary Sean Duffy, and trade tsar Peter Navarro, while clashing with several other senior officials. Far from being laser-focused on eliminating waste, Musk’s foray into government was a “revenge tour” against a bureaucracy the billionaire had come to see as the enemy of innovation, a former senior colleague of Musk’s said, highlighting the entrepreneur’s frustration with COVID-19 regulations in California, his perceived snub by the Biden administration, and his anger over his daughter’s gender transition. Trump’s AI and crypto tsar, David Sacks, an influential political voice in the tech world, “whippedup into a very, very far-right kind of mindset,” the person added, to the extent that was “going to help this administration in crushing the ‘woke’ agenda.” Neither Musk nor Sacks responded to requests for comment. Musk, who claimed Doge only acted in an “advisory role,” this week expressed frustration at it being used as a “whipping boy” for unpopular cuts decided by the White House and cabinet secretaries. “Trump, I think, was very savvy and allowed Doge to kind of take all those headlines for a traditional political scapegoat,” said Sahil Lavingia, head of a commerce start-up who worked for Doge until earlier this month. Musk, he added, might also have been keen to take credit for the gutting of USAID and other moves but ultimately garnered unwanted attention. “If you were truly evil,would just be more quiet,” said Lavingia, who joined the initiative in order to streamline processes within government. “You would do the evil stuff quietly.” The noise surrounding Musk, whose ability to dominate news cycles with a single post on his social media site X rivaled Trump’s own hold on the headlines, also frustrated the administration. This week, White House Deputy Chief of Staff Stephen Miller took to X to indirectly rebut the billionaire’s criticism of Trump’s signature tax bill, which he had lambasted for failing to cut the deficit or codify Doge’s cuts. Once almost synonymous with Musk, Doge is now being melded into the rest of government. In a briefing on Thursday, White House Press Secretary Karoline Leavitt said that following Musk’s departure, cabinet secretaries would “continue to work with the respective Doge employees who have onboarded as political appointees at all of these agencies.” She added: “The Doge leaders are each and every member of the President’s Cabinet and the President himself.” Doge’s aims have also become decidedly more quotidian. Tom Krause, a Musk ally who joined Doge and was installed at Treasury, briefed congressional staff this week on improvements to the IRS’s application program interfaces and customer service, according to a person familiar with the matter. Other Doge staffers are doing audits of IT contracts—work Lavingia compares with that done by McKinsey consultants. Freed from the constraints of being a government employee, Musk is increasingly threatening to become a thorn in Trump’s side. Soon after his Doge departure was announced, he again criticized the White House, this time over its plan to cancel clean energy tax credits. “Teddy Roosevelt had that great adage: ‘speak softly but carry a big stick’,” Fred Thiel, the chief executive of Bitcoin mining company MARA Holdings, told the FT. “Maybe Elon’s approach was a little bit different.” © 2025 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way. Joe Miller and Alex Rogers, Financial Times Joe Miller and Alex Rogers, Financial Times 59 Comments #elon #musk #counts #cost #his
    ARSTECHNICA.COM
    Elon Musk counts the cost of his four-month blitz through US government
    Lousy ROI Elon Musk counts the cost of his four-month blitz through US government Term at DOGE did serious damage to his brands, only achieved a fraction of hoped-for savings. Joe Miller and Alex Rogers, Financial Times – May 30, 2025 9:28 am | 59 Elon Musk wields a chainsaw at the Conservative Political Action Conference in February to illustrate his aim to cut government waste Credit: Jose Luis Magana/AP Elon Musk wields a chainsaw at the Conservative Political Action Conference in February to illustrate his aim to cut government waste Credit: Jose Luis Magana/AP Story text Size Small Standard Large Width * Standard Wide Links Standard Orange * Subscribers only   Learn more Elon Musk’s four-month blitz through the US government briefly made him Washington’s most powerful businessman since the Gilded Age. But it has done little for his reputation or that of his companies. Musk this week formally abandoned his role as the head of the so-called Department of Government Efficiency (Doge), which has failed to find even a fraction of the $2 trillion in savings he originally pledged. On Thursday, Donald Trump lamented his departure but said Musk “will always be with us, helping all the way.” Yet the billionaire will be left calculating the cost of his involvement with Trump and the meagre return on his $250 million investment in the US president’s election campaign. “I appreciate the fact that Mr Musk put what was good for the country ahead of what was good for his own bottom line,” Tom Cole, the Republican chair of the House Appropriations Committee, told the Financial Times. After Doge was announced, a majority of American voters believed Musk would use the body to “enrich himself and undermine his business rivals,” according to a survey, instead of streamlining the government. Progressive groups warned that he would be “rigging federal procurement for billionaires and their pals” and cut regulations that govern his companies Tesla and SpaceX. Democratic lawmakers said Doge was a “cover-up” of a more sinister, self-serving exercise by the world’s richest person. Early moves by the Trump administration suggested Musk might get value for money. A lawsuit brought by the Biden administration against SpaceX over its hiring practices was dropped in February, and regulators probing his brain-implant company Neuralink were dismissed. Musk’s satellite Internet business Starlink was touted by Commerce Secretary Howard Lutnick as a potential beneficiary of a $42 billion rural broadband scheme. An executive order calling for the establishment of a multibillion-dollar Iron Dome defense system in the US looked set to benefit Musk, due to SpaceX’s dominance in rocket launches. The gutting of various watchdogs across government also benefited Musk’s businesses, while a number of large US companies rushed to ink deals with Starlink or increase their advertising spending on X. Starlink also signed agreements to operate in India, Pakistan, and Vietnam, among other countries it has long wished to expand into. But while Doge took a scythe to various causes loathed by Musk, most notably international aid spending and government contracts purportedly linked to diversity initiatives or “woke” research, it also caused severe blowback to the billionaire’s businesses, particularly Tesla. At one point during his Doge tenure, Tesla’s stock had fallen 45 percent from its highest point last year, and reports emerged that the company’s board of directors had sought to replace Musk as chief executive. The 53-year-old’s personal wealth dropped by tens of billions of dollars, while his dealerships were torched and death threats poured in. Some of the brand damage to Tesla, until recently Musk’s primary source of wealth, could be permanent. “Eighty percent of Teslas in the US were sold in blue zip codes,” a former senior employee said. “Obviously that constituency has been deeply offended.” Starlink lost lucrative contracts in Canada and Mexico due to Musk’s political activities, while X lost 11 million users in Europe alone. Probes of Tesla and SpaceX by government regulators also continued apace, while the Trump administration pressed ahead with plans to abolish tax credits for electric vehicles and waged a trade war vehemently opposed by Musk that threatened to further damage car sales. In the political arena, few people were cheered by Doge’s work. Democrats were outraged by the gutting of foreign aid and by Musk’s 20-something acolytes gaining access to the Treasury’s payment system, along with the ousting of thousands of federal workers. Republicans looked askance at attempts to target defense spending. And true budget hawks were bitter that Musk could only cut a few billion dollars. Bill Gates even accused Musk of “killing the world’s poorest children” through his actions at Doge. Musk, so used to getting his way at his businesses, struggled for control. At various points in his tenure he took on Treasury Secretary Scott Bessent, Secretary of State Marco Rubio, Transport Secretary Sean Duffy, and trade tsar Peter Navarro, while clashing with several other senior officials. Far from being laser-focused on eliminating waste, Musk’s foray into government was a “revenge tour” against a bureaucracy the billionaire had come to see as the enemy of innovation, a former senior colleague of Musk’s said, highlighting the entrepreneur’s frustration with COVID-19 regulations in California, his perceived snub by the Biden administration, and his anger over his daughter’s gender transition. Trump’s AI and crypto tsar, David Sacks, an influential political voice in the tech world, “whipped [Musk] up into a very, very far-right kind of mindset,” the person added, to the extent that was “going to help this administration in crushing the ‘woke’ agenda.” Neither Musk nor Sacks responded to requests for comment. Musk, who claimed Doge only acted in an “advisory role,” this week expressed frustration at it being used as a “whipping boy” for unpopular cuts decided by the White House and cabinet secretaries. “Trump, I think, was very savvy and allowed Doge to kind of take all those headlines for a traditional political scapegoat,” said Sahil Lavingia, head of a commerce start-up who worked for Doge until earlier this month. Musk, he added, might also have been keen to take credit for the gutting of USAID and other moves but ultimately garnered unwanted attention. “If you were truly evil, [you] would just be more quiet,” said Lavingia, who joined the initiative in order to streamline processes within government. “You would do the evil stuff quietly.” The noise surrounding Musk, whose ability to dominate news cycles with a single post on his social media site X rivaled Trump’s own hold on the headlines, also frustrated the administration. This week, White House Deputy Chief of Staff Stephen Miller took to X to indirectly rebut the billionaire’s criticism of Trump’s signature tax bill, which he had lambasted for failing to cut the deficit or codify Doge’s cuts. Once almost synonymous with Musk, Doge is now being melded into the rest of government. In a briefing on Thursday, White House Press Secretary Karoline Leavitt said that following Musk’s departure, cabinet secretaries would “continue to work with the respective Doge employees who have onboarded as political appointees at all of these agencies.” She added: “The Doge leaders are each and every member of the President’s Cabinet and the President himself.” Doge’s aims have also become decidedly more quotidian. Tom Krause, a Musk ally who joined Doge and was installed at Treasury, briefed congressional staff this week on improvements to the IRS’s application program interfaces and customer service, according to a person familiar with the matter. Other Doge staffers are doing audits of IT contracts—work Lavingia compares with that done by McKinsey consultants. Freed from the constraints of being a government employee, Musk is increasingly threatening to become a thorn in Trump’s side. Soon after his Doge departure was announced, he again criticized the White House, this time over its plan to cancel clean energy tax credits. “Teddy Roosevelt had that great adage: ‘speak softly but carry a big stick’,” Fred Thiel, the chief executive of Bitcoin mining company MARA Holdings, told the FT. “Maybe Elon’s approach was a little bit different.” © 2025 The Financial Times Ltd. All rights reserved. Not to be redistributed, copied, or modified in any way. Joe Miller and Alex Rogers, Financial Times Joe Miller and Alex Rogers, Financial Times 59 Comments
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  • Why Medicaid work requirements place extra burdens on low-income families

    Republican lawmakers have been battling over a bill that includes massive tax and spending cuts. Much of their disagreement has been over provisions intended to reduce the cost of Medicaid.

    The popular health insurance program, which is funded by both the federal and state governments, covers about 78.5 million low-income and disabled people—more than 1 in 5 Americans.

    On May 22, 2025, the House of Representatives narrowly approved the tax, spending, and immigration bill. The legislation, which passed without any support from Democrats, is designed to reduce federal Medicaid spending by requiring anyone enrolled in the program who appears to be able to get a job to either satisfy work requirements or lose their coverage. It’s still unclear, however, whether Senate Republicans would support that provision.

    Although there are few precedents for such a mandate for Medicaid, other safety net programs have been enforcing similar rules for nearly three decades. I’m a political scientist who has extensively studied the work requirements of another safety net program: Temporary Assistance for Needy Families.

    As I explain in my book, Living Off the Government? Race, Gender, and the Politics of Welfare, work requirements place extra burdens on low-income families but do little to lift them out of poverty.

    Work requirements for TANF

    TANF gives families with very low incomes some cash they can spend on housing, food, clothing, or whatever they need most. The Clinton administration launched it as a replacement for a similar program, Aid to Families With Dependent Children, in 1996. At the time, both political parties were eager to end a welfare system they believed was riddled with abuse. A big goal with TANF was ending the dependence of people getting cash benefits on the government by moving them from welfare to work.

    Many people were removed from the welfare rolls, but not because work requirements led to economic prosperity. Instead, they had trouble navigating the bureaucratic demands.

    TANF is administered by the states. They can set many rules of their own, but they must comply with an important federal requirement: Adult recipients have to work or engage in an authorized alternative activity for at least 30 hours per week. The number of weekly hours is only 20 if the recipient is caring for a child under the age of 6.

    The dozen activities or so that can count toward this quota range from participating in job training programs to engaging in community service.

    Some adults enrolled in TANF are exempt from work requirements, depending on their state’s own policies. The most common exemptions are for people who are ill, have a disability, or are over age 60.

    To qualify for TANF, families must have dependent children; in some states pregnant women also qualify. Income limits are set by the state and range from a month for a family of three in Alabama to a month for a family of three in Minnesota.

    Adult TANF recipients face a federal five-year lifetime limit on benefits. States can adopt shorter time limits; Arizona’s is 12 months.

    An administrative burden

    Complying with these work requirements generally means proving that you’re working or making the case that you should be exempt from this mandate. This places what’s known as an “administrative burden” on the people who get cash assistance. It often requires lots of documentation and time. If you have an unpredictable work schedule, inconsistent access to child care, or obligations to care for an older relative, this paperwork is hard to deal with.

    What counts as work, how many hours must be completed, and who is exempt from these requirements often comes down to a caseworker’s discretion. Social science research shows that this discretion is not equally applied and is often informed by stereotypes.

    The number of people getting cash assistance has fallen sharply since TANF replaced Aid to Families With Dependent Children. In some states caseloads have dropped by more than 50% despite significant population growth.

    Some of this decline happened because recipients got jobs that paid them too much to qualify. The Congressional Budget Office, a nonpartisan office that provides economic research to Congress, attributes, at least in part, an increase in employment among less-educated single mothers in the 1990s to work requirements.

    Not everyone who stopped getting cash benefits through TANF wound up employed, however. Other recipients who did not meet requirements fell into deep poverty.

    Regardless of why people leave the program, when fewer low-income Americans get TANF benefits, the government spends less money on cash assistance. Federal funding has remained flat at billion since 1996. Taking inflation into account, the program receives half as much funding as when it was created. In addition, states have used the flexibility granted them to direct most of their TANF funds to priorities other than cash benefits, such as pre-K education.

    Many Americans who get help paying for groceries through the Supplemental Nutrition Assistance Program are also subject to work requirements. People the government calls “able-bodied adults without dependents” can only receive SNAP benefits for three months within a three-year period if they are not employed.

    A failed experiment in Arkansas

    Lawmakers in Congress and in statehouses have debated whether to add work requirements for Medicaid before. More than a dozen states have applied for waivers that would let them give it a try.

    When Arkansas instituted Medicaid work requirements in 2018, during the first Trump administration, it was largely seen as a failure. Some 18,000 people lost their health care coverage, but employment rates did not increase.

    After a court order stopped the policy in 2019, most people regained their coverage.

    Georgia is currently the only state with Medicaid work requirements in effect, after implementing a waiver in July 2023. The program has experienced technical difficulties and has had trouble verifying work activities.

    Other states, including Idaho, Indiana, and Kentucky, are already asking the federal government to let them enforce Medicaid work requirements.

    What this may mean for Medicaid

    The multitrillion-dollar bill the House passed by a vote of 215-214 would introduce Medicaid work requirements nationwide by late 2026 for childless adults ages 19 to 64, with some exemptions.

    But most people covered by Medicaid in that age range are already working, and those who are not would likely be eligible for work requirement waivers. An analysis by KFF—a nonprofit that informs the public about health issues—shows that in 2023, 44% of Medicaid recipients were working full time and another 20% were working part time. In 2023, that was more than 16 million Americans.

    About 20% of the American adults under 65 who are covered by Medicaid are not working due to illness or disability, or because of caregiving responsibilities, according to KFF. This includes both people caring for young children and those taking care of relatives with an illness or disability. In my own research, I read testimony from families seeking work exemptions because caregiving, including for children with disabilities, was a full-time job.

    The rest of the adults under 65 with Medicaid coverage are not working because they are in school, are retired, cannot find work, or have some other reason. It’s approximately 3.9 million Americans. Depending on what counts as “work,” they may be meeting any requirements that could be added to the program.

    The Congressional Budget Office estimates that introducing Medicaid work requirements would save around billion over a decade. Given past experience with work requirements, it is unlikely those savings would come from Americans finding jobs.

    My research suggests it’s more likely that the government would trim spending by taking away the health insurance of people eligible for Medicaid coverage who get tangled up in red tape.

    This article was updated on May 22, 2025, with details about the House of Representatives’ passage of the budget bill.

    Anne Whitesell is an assistant professor of political science at Miami University.

    This article is republished from The Conversation under a Creative Commons license. Read the original article.
    #why #medicaid #work #requirements #place
    Why Medicaid work requirements place extra burdens on low-income families
    Republican lawmakers have been battling over a bill that includes massive tax and spending cuts. Much of their disagreement has been over provisions intended to reduce the cost of Medicaid. The popular health insurance program, which is funded by both the federal and state governments, covers about 78.5 million low-income and disabled people—more than 1 in 5 Americans. On May 22, 2025, the House of Representatives narrowly approved the tax, spending, and immigration bill. The legislation, which passed without any support from Democrats, is designed to reduce federal Medicaid spending by requiring anyone enrolled in the program who appears to be able to get a job to either satisfy work requirements or lose their coverage. It’s still unclear, however, whether Senate Republicans would support that provision. Although there are few precedents for such a mandate for Medicaid, other safety net programs have been enforcing similar rules for nearly three decades. I’m a political scientist who has extensively studied the work requirements of another safety net program: Temporary Assistance for Needy Families. As I explain in my book, Living Off the Government? Race, Gender, and the Politics of Welfare, work requirements place extra burdens on low-income families but do little to lift them out of poverty. Work requirements for TANF TANF gives families with very low incomes some cash they can spend on housing, food, clothing, or whatever they need most. The Clinton administration launched it as a replacement for a similar program, Aid to Families With Dependent Children, in 1996. At the time, both political parties were eager to end a welfare system they believed was riddled with abuse. A big goal with TANF was ending the dependence of people getting cash benefits on the government by moving them from welfare to work. Many people were removed from the welfare rolls, but not because work requirements led to economic prosperity. Instead, they had trouble navigating the bureaucratic demands. TANF is administered by the states. They can set many rules of their own, but they must comply with an important federal requirement: Adult recipients have to work or engage in an authorized alternative activity for at least 30 hours per week. The number of weekly hours is only 20 if the recipient is caring for a child under the age of 6. The dozen activities or so that can count toward this quota range from participating in job training programs to engaging in community service. Some adults enrolled in TANF are exempt from work requirements, depending on their state’s own policies. The most common exemptions are for people who are ill, have a disability, or are over age 60. To qualify for TANF, families must have dependent children; in some states pregnant women also qualify. Income limits are set by the state and range from a month for a family of three in Alabama to a month for a family of three in Minnesota. Adult TANF recipients face a federal five-year lifetime limit on benefits. States can adopt shorter time limits; Arizona’s is 12 months. An administrative burden Complying with these work requirements generally means proving that you’re working or making the case that you should be exempt from this mandate. This places what’s known as an “administrative burden” on the people who get cash assistance. It often requires lots of documentation and time. If you have an unpredictable work schedule, inconsistent access to child care, or obligations to care for an older relative, this paperwork is hard to deal with. What counts as work, how many hours must be completed, and who is exempt from these requirements often comes down to a caseworker’s discretion. Social science research shows that this discretion is not equally applied and is often informed by stereotypes. The number of people getting cash assistance has fallen sharply since TANF replaced Aid to Families With Dependent Children. In some states caseloads have dropped by more than 50% despite significant population growth. Some of this decline happened because recipients got jobs that paid them too much to qualify. The Congressional Budget Office, a nonpartisan office that provides economic research to Congress, attributes, at least in part, an increase in employment among less-educated single mothers in the 1990s to work requirements. Not everyone who stopped getting cash benefits through TANF wound up employed, however. Other recipients who did not meet requirements fell into deep poverty. Regardless of why people leave the program, when fewer low-income Americans get TANF benefits, the government spends less money on cash assistance. Federal funding has remained flat at billion since 1996. Taking inflation into account, the program receives half as much funding as when it was created. In addition, states have used the flexibility granted them to direct most of their TANF funds to priorities other than cash benefits, such as pre-K education. Many Americans who get help paying for groceries through the Supplemental Nutrition Assistance Program are also subject to work requirements. People the government calls “able-bodied adults without dependents” can only receive SNAP benefits for three months within a three-year period if they are not employed. A failed experiment in Arkansas Lawmakers in Congress and in statehouses have debated whether to add work requirements for Medicaid before. More than a dozen states have applied for waivers that would let them give it a try. When Arkansas instituted Medicaid work requirements in 2018, during the first Trump administration, it was largely seen as a failure. Some 18,000 people lost their health care coverage, but employment rates did not increase. After a court order stopped the policy in 2019, most people regained their coverage. Georgia is currently the only state with Medicaid work requirements in effect, after implementing a waiver in July 2023. The program has experienced technical difficulties and has had trouble verifying work activities. Other states, including Idaho, Indiana, and Kentucky, are already asking the federal government to let them enforce Medicaid work requirements. What this may mean for Medicaid The multitrillion-dollar bill the House passed by a vote of 215-214 would introduce Medicaid work requirements nationwide by late 2026 for childless adults ages 19 to 64, with some exemptions. But most people covered by Medicaid in that age range are already working, and those who are not would likely be eligible for work requirement waivers. An analysis by KFF—a nonprofit that informs the public about health issues—shows that in 2023, 44% of Medicaid recipients were working full time and another 20% were working part time. In 2023, that was more than 16 million Americans. About 20% of the American adults under 65 who are covered by Medicaid are not working due to illness or disability, or because of caregiving responsibilities, according to KFF. This includes both people caring for young children and those taking care of relatives with an illness or disability. In my own research, I read testimony from families seeking work exemptions because caregiving, including for children with disabilities, was a full-time job. The rest of the adults under 65 with Medicaid coverage are not working because they are in school, are retired, cannot find work, or have some other reason. It’s approximately 3.9 million Americans. Depending on what counts as “work,” they may be meeting any requirements that could be added to the program. The Congressional Budget Office estimates that introducing Medicaid work requirements would save around billion over a decade. Given past experience with work requirements, it is unlikely those savings would come from Americans finding jobs. My research suggests it’s more likely that the government would trim spending by taking away the health insurance of people eligible for Medicaid coverage who get tangled up in red tape. This article was updated on May 22, 2025, with details about the House of Representatives’ passage of the budget bill. Anne Whitesell is an assistant professor of political science at Miami University. This article is republished from The Conversation under a Creative Commons license. Read the original article. #why #medicaid #work #requirements #place
    WWW.FASTCOMPANY.COM
    Why Medicaid work requirements place extra burdens on low-income families
    Republican lawmakers have been battling over a bill that includes massive tax and spending cuts. Much of their disagreement has been over provisions intended to reduce the cost of Medicaid. The popular health insurance program, which is funded by both the federal and state governments, covers about 78.5 million low-income and disabled people—more than 1 in 5 Americans. On May 22, 2025, the House of Representatives narrowly approved the tax, spending, and immigration bill. The legislation, which passed without any support from Democrats, is designed to reduce federal Medicaid spending by requiring anyone enrolled in the program who appears to be able to get a job to either satisfy work requirements or lose their coverage. It’s still unclear, however, whether Senate Republicans would support that provision. Although there are few precedents for such a mandate for Medicaid, other safety net programs have been enforcing similar rules for nearly three decades. I’m a political scientist who has extensively studied the work requirements of another safety net program: Temporary Assistance for Needy Families (TANF). As I explain in my book, Living Off the Government? Race, Gender, and the Politics of Welfare, work requirements place extra burdens on low-income families but do little to lift them out of poverty. Work requirements for TANF TANF gives families with very low incomes some cash they can spend on housing, food, clothing, or whatever they need most. The Clinton administration launched it as a replacement for a similar program, Aid to Families With Dependent Children, in 1996. At the time, both political parties were eager to end a welfare system they believed was riddled with abuse. A big goal with TANF was ending the dependence of people getting cash benefits on the government by moving them from welfare to work. Many people were removed from the welfare rolls, but not because work requirements led to economic prosperity. Instead, they had trouble navigating the bureaucratic demands. TANF is administered by the states. They can set many rules of their own, but they must comply with an important federal requirement: Adult recipients have to work or engage in an authorized alternative activity for at least 30 hours per week. The number of weekly hours is only 20 if the recipient is caring for a child under the age of 6. The dozen activities or so that can count toward this quota range from participating in job training programs to engaging in community service. Some adults enrolled in TANF are exempt from work requirements, depending on their state’s own policies. The most common exemptions are for people who are ill, have a disability, or are over age 60. To qualify for TANF, families must have dependent children; in some states pregnant women also qualify. Income limits are set by the state and range from $307 a month for a family of three in Alabama to $2,935 a month for a family of three in Minnesota. Adult TANF recipients face a federal five-year lifetime limit on benefits. States can adopt shorter time limits; Arizona’s is 12 months. An administrative burden Complying with these work requirements generally means proving that you’re working or making the case that you should be exempt from this mandate. This places what’s known as an “administrative burden” on the people who get cash assistance. It often requires lots of documentation and time. If you have an unpredictable work schedule, inconsistent access to child care, or obligations to care for an older relative, this paperwork is hard to deal with. What counts as work, how many hours must be completed, and who is exempt from these requirements often comes down to a caseworker’s discretion. Social science research shows that this discretion is not equally applied and is often informed by stereotypes. The number of people getting cash assistance has fallen sharply since TANF replaced Aid to Families With Dependent Children. In some states caseloads have dropped by more than 50% despite significant population growth. Some of this decline happened because recipients got jobs that paid them too much to qualify. The Congressional Budget Office, a nonpartisan office that provides economic research to Congress, attributes, at least in part, an increase in employment among less-educated single mothers in the 1990s to work requirements. Not everyone who stopped getting cash benefits through TANF wound up employed, however. Other recipients who did not meet requirements fell into deep poverty. Regardless of why people leave the program, when fewer low-income Americans get TANF benefits, the government spends less money on cash assistance. Federal funding has remained flat at $16.5 billion since 1996. Taking inflation into account, the program receives half as much funding as when it was created. In addition, states have used the flexibility granted them to direct most of their TANF funds to priorities other than cash benefits, such as pre-K education. Many Americans who get help paying for groceries through the Supplemental Nutrition Assistance Program are also subject to work requirements. People the government calls “able-bodied adults without dependents” can only receive SNAP benefits for three months within a three-year period if they are not employed. A failed experiment in Arkansas Lawmakers in Congress and in statehouses have debated whether to add work requirements for Medicaid before. More than a dozen states have applied for waivers that would let them give it a try. When Arkansas instituted Medicaid work requirements in 2018, during the first Trump administration, it was largely seen as a failure. Some 18,000 people lost their health care coverage, but employment rates did not increase. After a court order stopped the policy in 2019, most people regained their coverage. Georgia is currently the only state with Medicaid work requirements in effect, after implementing a waiver in July 2023. The program has experienced technical difficulties and has had trouble verifying work activities. Other states, including Idaho, Indiana, and Kentucky, are already asking the federal government to let them enforce Medicaid work requirements. What this may mean for Medicaid The multitrillion-dollar bill the House passed by a vote of 215-214 would introduce Medicaid work requirements nationwide by late 2026 for childless adults ages 19 to 64, with some exemptions. But most people covered by Medicaid in that age range are already working, and those who are not would likely be eligible for work requirement waivers. An analysis by KFF—a nonprofit that informs the public about health issues—shows that in 2023, 44% of Medicaid recipients were working full time and another 20% were working part time. In 2023, that was more than 16 million Americans. About 20% of the American adults under 65 who are covered by Medicaid are not working due to illness or disability, or because of caregiving responsibilities, according to KFF. This includes both people caring for young children and those taking care of relatives with an illness or disability. In my own research, I read testimony from families seeking work exemptions because caregiving, including for children with disabilities, was a full-time job. The rest of the adults under 65 with Medicaid coverage are not working because they are in school, are retired, cannot find work, or have some other reason. It’s approximately 3.9 million Americans. Depending on what counts as “work,” they may be meeting any requirements that could be added to the program. The Congressional Budget Office estimates that introducing Medicaid work requirements would save around $300 billion over a decade. Given past experience with work requirements, it is unlikely those savings would come from Americans finding jobs. My research suggests it’s more likely that the government would trim spending by taking away the health insurance of people eligible for Medicaid coverage who get tangled up in red tape. This article was updated on May 22, 2025, with details about the House of Representatives’ passage of the budget bill. Anne Whitesell is an assistant professor of political science at Miami University. This article is republished from The Conversation under a Creative Commons license. Read the original article.
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  • House Republicans broke years of precedent—and possibly the law—to kill California’s right to clean air

    In a move Democrats warned would have disastrous consequences for the economy, the environment, and public health, the Republican-led Senate Thursday voted to block California’s electric-vehicle mandates, revoking the state’s right to implement the nation’s toughest emissions standards.   

    Republicans used the Congressional Review Act, or CRA, to overturn California’s long-standing authority under the Clean Air Act to request waivers from the Environmental Protection Agency to pass emissions standards stricter than federal rules and protect residents from dangerous air pollution. The move affects 17 other states and Washington, D.C., which have voluntarily adopted one or more of California’s stricter standards. 

    The CRA allows Congress to quickly rescind a rule within a limited time after it’s issued by a federal agency, allowing a simple majority vote rather than the 60 votes needed to advance legislation under the filibuster rule. 

    An aerial view of traffic on a smoggy day in Los Angeles in January 1985.But both the Senate parliamentarian, the chamber’s official nonpartisan adviser, and the Government Accountability Office, the nonpartisan congressional referee, said the waivers are not rules and so are not subject to the Congressional Review Act.

    In defying the Senate parliamentarian, Democrats charged, the vote endangers not just the health of children and the climate but also decades of legal precedent and the integrity of the Senate itself.

    “Today, the Senate has done something unprecedented,” said Sen. Sheldon Whitehouse of Rhode Island late Wednesday night, after he and his Democratic colleagues spent the past several days urging Republicans to respect not just California’s authority under the law, but also Senate rules. 

    “Our actions and the ones that will follow from the procedural steps taken here today, over the next day or so will change the Clean Air Act, will change the Congressional Review Act, will change the rules of the Senate, and will do so by overruling the parliamentarian and breaking the filibuster—in effect, going nuclear,” Whitehouse said, referring to attempts to subvert the filibuster.

    “This isn’t just about California’s climate policies, and this isn’t just about the scope of the Congressional Review Act, and this isn’t just about eliminating the legislative filibuster,” said California Sen. Alex Padilla on the Senate floor Tuesday. The Trump administration’s EPA submitted California’s waivers for review by Congress “with full knowledge that they are not actually rules” subject to the CRA, Padilla said, opening the door for any agency to ask Congress to revoke regulations a new administration doesn’t like. 

    By mid-afternoon Thursday, Republicans moved to overturn California’s waivers through a procedural maneuver—giving the Senate the authority to determine what constitutes a rule for fast-track voting. They overturned waivers behind California’s rules to reduce tailpipe emissions from passenger vehicles and trucks, those regulating medium- and heavy-duty trucks, and the rule for heavy-duty smog-producing diesel and gas trucks.

    Senate Majority Leader John Thunemocked Democrats’ objections to using the CRA, saying they were “throwing a tantrum over a supposed procedural problem.”Thune insisted that having a waiver submitted to Congress “is all that Congress has ever needed to decide to consider something under the Congressional Review Act.”

    He called the GAO’s ruling that the waiver is not a rule “an extraordinary deviation from precedent,” saying it was the first time the office “has decided to insert itself into the process and affirmatively declare that an agency rule submitted to Congress as a rule is not a rule.” 

    Despite Thune’s claim, since the CRA was passed in 1996 the GAO has offered 26 legal opinions about whether an agency action was a rule in response to inquiries from members of Congress.

    And EPA never submitted California Clean Air Act waivers to Congress before the Trump administration, Padilla and his Democratic colleagues say. They contend that Republicans chose this route because they don’t have the votes to withdraw the waivers through legislation.

    “The CRA has never been used to go after emission waivers like the ones in question today,” Senate Minority Leader Chuck Schumer of New York said on the floor Tuesday. “The waiver is so important to the health of our country, and particularly to our children; to go nuclear on something as significant as this and to do the bidding of the fossil fuel industry is outrageous.”

    The first waiver was granted to California on July 11, 1968, Whitehouse told his colleagues in a last-ditch effort to change their minds late Wednesday night. Waivers have either been granted or amended or modified repeatedly since then, he said. “The score on whether the California clean air rule is treated by EPA as a waiver or a rule? It’s 131 to zero.”

    The use of the Congressional Review Act resolution is inconsistent with past precedent and violates the plain language of the act itself, said John Swanton, a spokesperson for California’s Air Resources Board, which regulates emissions. 

    “The vote does not change CARB’s authority,” Swanton said, adding that the agency will continue its mission to protect the public health of Californians impacted by harmful air pollution.

    Ten million Californians live in areas that are under distinct, elevated threats from air pollution, said Adam Schiff, California’s junior senator. That has led to higher rates of respiratory issues like asthma and chronic lung disease, and increased the risk of heart disease, cancer, chronic headaches, and immune system issues, he said. 

    Sen. Adam Schiffspeaks about the importance of the Clean Air Act in California during a Senate meeting on May 8.“And that is multiplied by us living now on the front lines of the climate crisis. We have devastating and year-round fire dangers that put millions of other pollutants into our air,” Schiff said. “We need, deserve, and reserve the right as Californians to do something about our air.”

    Yet earlier this month, House Republicans, joined by 35 Democrats, including two from California, voted to rescind the waivers, sending the issue to the Senate.

    A “Compelling and Extraordinary” Need

    California’s legal authority to implement stricter air quality standards than federal rules comes from having already implemented its own tailpipe-emission regulations before Congress passed national standards in 1967. California officials developed the regulations to deal with the “compelling and extraordinary” air-pollution problems caused by the Golden State’s unique geography, climate, and abundance of people and vehicles.

    Recognizing these unique conditions, Congress gave California the authority to ask the Environmental Protection Agency for a waiver from rules barring states from passing air and climate pollution rules that are more protective than federal rules. 

    Only one waiver was denied, an action that was quickly reversed, according to CARB. And though the Trump administration in 2019 withdrew a waiver, a move legal scholars say has no basis in the law, the Biden administration restored the state’s authority to set its own vehicle-emission standards within a few years.

    Republicans argued that California’s rules amount to de facto national standards, given the state’s size and the fact that other states have signed on. 

    But California can’t force its emission standards on other states, Padilla said. “Yes, over a dozen other states have voluntarily followed in California’s footsteps, not because they were forced to, but because they chose to, in order to protect their constituents, their residents, and protect our planet.”

    California’s standards also represent ambitious but achievable steps to cut carbon emissions and fight the climate crisis, Padilla said. “Transportation is the single largest contributor to greenhouse gas emissions, and California has been proud to set the example for other states who may choose to follow suit.”

    Sen. Alex Padillatold his Republican colleagues late Wednesday night why his state’s unique geography and climate create particularly hazardous air-quality problems.Padilla, who grew up in California’s chronically polluted San Fernando Valley, recalled being sent home from grade school “on a pretty regular basis” when throat-burning smog settled over the valley.

    “It appears that Republicans want to overturn half a century of precedent in order to undermine California’s ability to protect the health of our residents,” Padilla said. “Republicans seem to be putting the wealth of the big oil industry over the health of our constituents.”

    “For Their Fossil Fuel Donors”

    Rhode Island’s Whitehouse, who has long schooled his colleagues on the perils of carbon pollution, took to the floor Tuesday to school them on the Congressional Review Act.

    Under the American legal system, administrative agencies can make rules through “a very robust process” that follows the Administrative Procedure Act, Whitehouse said. A rule could be contested in court, but years ago Congress decided there also could be a period of review when congressional members could reject the rule. 

    And for all the decades since the CRA was passed, he said, it’s been used to address rules under the APA within the specified 60 days.Other states, including Rhode Island, follow California’s emissions standards because it’s good for public health to have clean air, Whitehouse said. “Efficient cars may mean lower cost for consumers, but those lower costs for consumers are lower sales for the fossil fuel industry.”

    Whitehouse told his colleagues they had legitimate pathways to change laws they didn’t like. They could pass a joint resolution or a simple Senate resolution. But those approaches would require 60 votes to end debate.

    “They don’t want to do that,” he said. “They want to ram this thing through for their fossil fuel donors.”

    Republicans, by contrast, argued they had the authority to protect consumers from what they call California’s “electric vehicle mandate,” which they say would endanger consumers, the economy, and the nation’s energy supply.

    “And our already shaky electric grid would quickly face huge new burdens from the surge in new electric vehicles,” argued Thune. 

    Congress had approved billion to build electric vehicle charging infrastructure across the country, but the Trump administration withheld that funding, triggering a lawsuit from a coalition of attorneys to reverse what they said was a clearly illegal action.

    Republicans’ attacks on electric vehicles could disrupt a burgeoning industry built around the transition to renewable energy.

    “The repeal of these waivers will dramatically destabilize the regulatory landscape at a time when industry needs certainty to invest in the future and compete on a global scale,” said Jamie Hall, policy director for EV Realty, which develops EV-charging hubs.

    Thune also argued that California’s waiver rules are an improper expansion of a limited Clean Air Act authority, echoing an argument in Project 2025, a policy blueprint for the second Trump administration produced by the conservative Heritage Foundation, which has long battled efforts to combat climate change.

    In a chapter on transportation asserts, Project 2025 claims that California has no valid basis under the Clean Air Act to claim an extraordinary or unique air quality impact from carbon dioxide emissions. Its recommendation? “Revoke the special waiver granted to California by the Biden administration.”

    On Wednesday, a clearly frustrated Whitehouse argued that Republicans were helping the fossil fuel industry create a shortcut for itself so it can sell more gasoline and ignore all the states that joined California to demand cleaner air for their constituents. “The fossil fuel industry essentially runs the Republican Party right now,” he said.

    Last year, the oil and gas industry spent more than million on lobbying, led by the American Fuel and Petrochemical Manufacturers, which spent million to influence Congress on bills including those designed to repeal vehicle-emission standards. The trade group also donated to congressional candidates, 96% of which went to Republicans. 

    The American Petroleum Institute, the largest U.S. oil and gas industry trade association, spent million on lobbying last year to influence some of the same bills. Of nearly donated to congressional candidates last year, 78% went to Republicans. 

    Ninety-five percent of the the Heritage Foundation donated to congressional candidates last year went to Republicans.

    “We Believe That You Can Do It”

    The week before Donald Trump returned to office, the American Petroleum Institute held its biggest annual meeting in Washington, D.C. API promoted the event as an opportunity to urge the incoming Trump administration and Congress to “seize the American energy opportunity” by advancing commonsense energy policies.

    Thune joined API Chief Executive Mike Sommers onstage, where they reminisced about starting their careers in adjacent offices in the same congressional office building 30 years ago. 

    “It is a huge opportunity, having an administration that actually is pro-energy development working with the Congress,” Thune told his old friend. “We want to be supportive in any way that we can in ensuring that the president and his team have success in making America energy dominant.”

    Sommers suggested that one of the “big, powerful tools” Congress can use when one party controls both chambers is the Congressional Review Act, which he said offers fast-track authority to reverse “midnight regulations” passed by the Biden administration.

    Thune said he wouldn’t be able to use the CRA for one of California’s tailpipe emissions standards because it doesn’t fit within the required time window. But he was arguing with the parliamentarian and others, he said, “about the whole California waiver issue and how to reverse that because that was such a radical regulatory overreach.”Both California’s Clean Cars and Clean Trucks rules require an increasing percentage of vehicles sold in the state to be zero-emissions by 2035, with the cars rule, the so-called “EV mandate,” requiring that 100% of passenger cars and trucks be zero emissions by that date.

    “What California did was completely radical,” Sommers said at the meeting. “The fact that 17 other states who’ve waived into this are going to be subject to it could completely change the vehicle market.”

    “So we would highly encourage you to look at that as an option for the CRA,” Sommers told Thune. “And we believe that you can do it.”

    Thune assured Sommers that his committee chairs and team were looking at ways to fit repeal of California’s waivers “within the parameters of a CRA action” to fix what they saw as a shared problem.

    The oil and gas industry appreciated the efforts of Thune; John Barrasso of Wyoming, the Senate Majority Whip; and West Virginia Sen. Shelley Moore Capito, who pledged to overturn California’s clean cars rule and introduced the measure to do so last month. 

    “Today, the United States Senate delivered a victory for American consumers, manufacturers, and U.S. energy security by voting to overturn the prior administration’s EPA rule authorizing California’s gas car ban and preventing its spread across our country,” said the American Petroleum Institute and the American Fuel and Petrochemical Manufacturers in a joint statement. “We cannot thank Senators John Barrasso, Shelley Moore Capito, and Leader John Thune enough for their leadership on this important issue.”

    Back on the Senate floor, Democrats warned their Republican colleagues that they may live to regret their decision to override the parliamentarian and flout legislative rules.

    “It won’t be long before Democrats are once again in the driver’s seat here, in the majority once again,” Padilla said. When that happens, he warned, every agency action that Democrats don’t like, whether it’s a rule or not, and no matter how much time has passed, would be fair game with this new precedent. 

    “I suggest that we all think long and hard and be very careful about this,” he implored, in vain. “I would urge my colleagues, all my colleagues, to join me, not just in defending California’s rights to protect the health of our residents, not just in combating the existential threat of climate change, but in maintaining order in this chamber.”

    This article originally appeared on Inside Climate News. It is republished with permission. Sign up for their newsletter here.
    #house #republicans #broke #years #precedentand
    House Republicans broke years of precedent—and possibly the law—to kill California’s right to clean air
    In a move Democrats warned would have disastrous consequences for the economy, the environment, and public health, the Republican-led Senate Thursday voted to block California’s electric-vehicle mandates, revoking the state’s right to implement the nation’s toughest emissions standards.    Republicans used the Congressional Review Act, or CRA, to overturn California’s long-standing authority under the Clean Air Act to request waivers from the Environmental Protection Agency to pass emissions standards stricter than federal rules and protect residents from dangerous air pollution. The move affects 17 other states and Washington, D.C., which have voluntarily adopted one or more of California’s stricter standards.  The CRA allows Congress to quickly rescind a rule within a limited time after it’s issued by a federal agency, allowing a simple majority vote rather than the 60 votes needed to advance legislation under the filibuster rule.  An aerial view of traffic on a smoggy day in Los Angeles in January 1985.But both the Senate parliamentarian, the chamber’s official nonpartisan adviser, and the Government Accountability Office, the nonpartisan congressional referee, said the waivers are not rules and so are not subject to the Congressional Review Act. In defying the Senate parliamentarian, Democrats charged, the vote endangers not just the health of children and the climate but also decades of legal precedent and the integrity of the Senate itself. “Today, the Senate has done something unprecedented,” said Sen. Sheldon Whitehouse of Rhode Island late Wednesday night, after he and his Democratic colleagues spent the past several days urging Republicans to respect not just California’s authority under the law, but also Senate rules.  “Our actions and the ones that will follow from the procedural steps taken here today, over the next day or so will change the Clean Air Act, will change the Congressional Review Act, will change the rules of the Senate, and will do so by overruling the parliamentarian and breaking the filibuster—in effect, going nuclear,” Whitehouse said, referring to attempts to subvert the filibuster. “This isn’t just about California’s climate policies, and this isn’t just about the scope of the Congressional Review Act, and this isn’t just about eliminating the legislative filibuster,” said California Sen. Alex Padilla on the Senate floor Tuesday. The Trump administration’s EPA submitted California’s waivers for review by Congress “with full knowledge that they are not actually rules” subject to the CRA, Padilla said, opening the door for any agency to ask Congress to revoke regulations a new administration doesn’t like.  By mid-afternoon Thursday, Republicans moved to overturn California’s waivers through a procedural maneuver—giving the Senate the authority to determine what constitutes a rule for fast-track voting. They overturned waivers behind California’s rules to reduce tailpipe emissions from passenger vehicles and trucks, those regulating medium- and heavy-duty trucks, and the rule for heavy-duty smog-producing diesel and gas trucks. Senate Majority Leader John Thunemocked Democrats’ objections to using the CRA, saying they were “throwing a tantrum over a supposed procedural problem.”Thune insisted that having a waiver submitted to Congress “is all that Congress has ever needed to decide to consider something under the Congressional Review Act.” He called the GAO’s ruling that the waiver is not a rule “an extraordinary deviation from precedent,” saying it was the first time the office “has decided to insert itself into the process and affirmatively declare that an agency rule submitted to Congress as a rule is not a rule.”  Despite Thune’s claim, since the CRA was passed in 1996 the GAO has offered 26 legal opinions about whether an agency action was a rule in response to inquiries from members of Congress. And EPA never submitted California Clean Air Act waivers to Congress before the Trump administration, Padilla and his Democratic colleagues say. They contend that Republicans chose this route because they don’t have the votes to withdraw the waivers through legislation. “The CRA has never been used to go after emission waivers like the ones in question today,” Senate Minority Leader Chuck Schumer of New York said on the floor Tuesday. “The waiver is so important to the health of our country, and particularly to our children; to go nuclear on something as significant as this and to do the bidding of the fossil fuel industry is outrageous.” The first waiver was granted to California on July 11, 1968, Whitehouse told his colleagues in a last-ditch effort to change their minds late Wednesday night. Waivers have either been granted or amended or modified repeatedly since then, he said. “The score on whether the California clean air rule is treated by EPA as a waiver or a rule? It’s 131 to zero.” The use of the Congressional Review Act resolution is inconsistent with past precedent and violates the plain language of the act itself, said John Swanton, a spokesperson for California’s Air Resources Board, which regulates emissions.  “The vote does not change CARB’s authority,” Swanton said, adding that the agency will continue its mission to protect the public health of Californians impacted by harmful air pollution. Ten million Californians live in areas that are under distinct, elevated threats from air pollution, said Adam Schiff, California’s junior senator. That has led to higher rates of respiratory issues like asthma and chronic lung disease, and increased the risk of heart disease, cancer, chronic headaches, and immune system issues, he said.  Sen. Adam Schiffspeaks about the importance of the Clean Air Act in California during a Senate meeting on May 8.“And that is multiplied by us living now on the front lines of the climate crisis. We have devastating and year-round fire dangers that put millions of other pollutants into our air,” Schiff said. “We need, deserve, and reserve the right as Californians to do something about our air.” Yet earlier this month, House Republicans, joined by 35 Democrats, including two from California, voted to rescind the waivers, sending the issue to the Senate. A “Compelling and Extraordinary” Need California’s legal authority to implement stricter air quality standards than federal rules comes from having already implemented its own tailpipe-emission regulations before Congress passed national standards in 1967. California officials developed the regulations to deal with the “compelling and extraordinary” air-pollution problems caused by the Golden State’s unique geography, climate, and abundance of people and vehicles. Recognizing these unique conditions, Congress gave California the authority to ask the Environmental Protection Agency for a waiver from rules barring states from passing air and climate pollution rules that are more protective than federal rules.  Only one waiver was denied, an action that was quickly reversed, according to CARB. And though the Trump administration in 2019 withdrew a waiver, a move legal scholars say has no basis in the law, the Biden administration restored the state’s authority to set its own vehicle-emission standards within a few years. Republicans argued that California’s rules amount to de facto national standards, given the state’s size and the fact that other states have signed on.  But California can’t force its emission standards on other states, Padilla said. “Yes, over a dozen other states have voluntarily followed in California’s footsteps, not because they were forced to, but because they chose to, in order to protect their constituents, their residents, and protect our planet.” California’s standards also represent ambitious but achievable steps to cut carbon emissions and fight the climate crisis, Padilla said. “Transportation is the single largest contributor to greenhouse gas emissions, and California has been proud to set the example for other states who may choose to follow suit.” Sen. Alex Padillatold his Republican colleagues late Wednesday night why his state’s unique geography and climate create particularly hazardous air-quality problems.Padilla, who grew up in California’s chronically polluted San Fernando Valley, recalled being sent home from grade school “on a pretty regular basis” when throat-burning smog settled over the valley. “It appears that Republicans want to overturn half a century of precedent in order to undermine California’s ability to protect the health of our residents,” Padilla said. “Republicans seem to be putting the wealth of the big oil industry over the health of our constituents.” “For Their Fossil Fuel Donors” Rhode Island’s Whitehouse, who has long schooled his colleagues on the perils of carbon pollution, took to the floor Tuesday to school them on the Congressional Review Act. Under the American legal system, administrative agencies can make rules through “a very robust process” that follows the Administrative Procedure Act, Whitehouse said. A rule could be contested in court, but years ago Congress decided there also could be a period of review when congressional members could reject the rule.  And for all the decades since the CRA was passed, he said, it’s been used to address rules under the APA within the specified 60 days.Other states, including Rhode Island, follow California’s emissions standards because it’s good for public health to have clean air, Whitehouse said. “Efficient cars may mean lower cost for consumers, but those lower costs for consumers are lower sales for the fossil fuel industry.” Whitehouse told his colleagues they had legitimate pathways to change laws they didn’t like. They could pass a joint resolution or a simple Senate resolution. But those approaches would require 60 votes to end debate. “They don’t want to do that,” he said. “They want to ram this thing through for their fossil fuel donors.” Republicans, by contrast, argued they had the authority to protect consumers from what they call California’s “electric vehicle mandate,” which they say would endanger consumers, the economy, and the nation’s energy supply. “And our already shaky electric grid would quickly face huge new burdens from the surge in new electric vehicles,” argued Thune.  Congress had approved billion to build electric vehicle charging infrastructure across the country, but the Trump administration withheld that funding, triggering a lawsuit from a coalition of attorneys to reverse what they said was a clearly illegal action. Republicans’ attacks on electric vehicles could disrupt a burgeoning industry built around the transition to renewable energy. “The repeal of these waivers will dramatically destabilize the regulatory landscape at a time when industry needs certainty to invest in the future and compete on a global scale,” said Jamie Hall, policy director for EV Realty, which develops EV-charging hubs. Thune also argued that California’s waiver rules are an improper expansion of a limited Clean Air Act authority, echoing an argument in Project 2025, a policy blueprint for the second Trump administration produced by the conservative Heritage Foundation, which has long battled efforts to combat climate change. In a chapter on transportation asserts, Project 2025 claims that California has no valid basis under the Clean Air Act to claim an extraordinary or unique air quality impact from carbon dioxide emissions. Its recommendation? “Revoke the special waiver granted to California by the Biden administration.” On Wednesday, a clearly frustrated Whitehouse argued that Republicans were helping the fossil fuel industry create a shortcut for itself so it can sell more gasoline and ignore all the states that joined California to demand cleaner air for their constituents. “The fossil fuel industry essentially runs the Republican Party right now,” he said. Last year, the oil and gas industry spent more than million on lobbying, led by the American Fuel and Petrochemical Manufacturers, which spent million to influence Congress on bills including those designed to repeal vehicle-emission standards. The trade group also donated to congressional candidates, 96% of which went to Republicans.  The American Petroleum Institute, the largest U.S. oil and gas industry trade association, spent million on lobbying last year to influence some of the same bills. Of nearly donated to congressional candidates last year, 78% went to Republicans.  Ninety-five percent of the the Heritage Foundation donated to congressional candidates last year went to Republicans. “We Believe That You Can Do It” The week before Donald Trump returned to office, the American Petroleum Institute held its biggest annual meeting in Washington, D.C. API promoted the event as an opportunity to urge the incoming Trump administration and Congress to “seize the American energy opportunity” by advancing commonsense energy policies. Thune joined API Chief Executive Mike Sommers onstage, where they reminisced about starting their careers in adjacent offices in the same congressional office building 30 years ago.  “It is a huge opportunity, having an administration that actually is pro-energy development working with the Congress,” Thune told his old friend. “We want to be supportive in any way that we can in ensuring that the president and his team have success in making America energy dominant.” Sommers suggested that one of the “big, powerful tools” Congress can use when one party controls both chambers is the Congressional Review Act, which he said offers fast-track authority to reverse “midnight regulations” passed by the Biden administration. Thune said he wouldn’t be able to use the CRA for one of California’s tailpipe emissions standards because it doesn’t fit within the required time window. But he was arguing with the parliamentarian and others, he said, “about the whole California waiver issue and how to reverse that because that was such a radical regulatory overreach.”Both California’s Clean Cars and Clean Trucks rules require an increasing percentage of vehicles sold in the state to be zero-emissions by 2035, with the cars rule, the so-called “EV mandate,” requiring that 100% of passenger cars and trucks be zero emissions by that date. “What California did was completely radical,” Sommers said at the meeting. “The fact that 17 other states who’ve waived into this are going to be subject to it could completely change the vehicle market.” “So we would highly encourage you to look at that as an option for the CRA,” Sommers told Thune. “And we believe that you can do it.” Thune assured Sommers that his committee chairs and team were looking at ways to fit repeal of California’s waivers “within the parameters of a CRA action” to fix what they saw as a shared problem. The oil and gas industry appreciated the efforts of Thune; John Barrasso of Wyoming, the Senate Majority Whip; and West Virginia Sen. Shelley Moore Capito, who pledged to overturn California’s clean cars rule and introduced the measure to do so last month.  “Today, the United States Senate delivered a victory for American consumers, manufacturers, and U.S. energy security by voting to overturn the prior administration’s EPA rule authorizing California’s gas car ban and preventing its spread across our country,” said the American Petroleum Institute and the American Fuel and Petrochemical Manufacturers in a joint statement. “We cannot thank Senators John Barrasso, Shelley Moore Capito, and Leader John Thune enough for their leadership on this important issue.” Back on the Senate floor, Democrats warned their Republican colleagues that they may live to regret their decision to override the parliamentarian and flout legislative rules. “It won’t be long before Democrats are once again in the driver’s seat here, in the majority once again,” Padilla said. When that happens, he warned, every agency action that Democrats don’t like, whether it’s a rule or not, and no matter how much time has passed, would be fair game with this new precedent.  “I suggest that we all think long and hard and be very careful about this,” he implored, in vain. “I would urge my colleagues, all my colleagues, to join me, not just in defending California’s rights to protect the health of our residents, not just in combating the existential threat of climate change, but in maintaining order in this chamber.” This article originally appeared on Inside Climate News. It is republished with permission. Sign up for their newsletter here. #house #republicans #broke #years #precedentand
    WWW.FASTCOMPANY.COM
    House Republicans broke years of precedent—and possibly the law—to kill California’s right to clean air
    In a move Democrats warned would have disastrous consequences for the economy, the environment, and public health, the Republican-led Senate Thursday voted to block California’s electric-vehicle mandates, revoking the state’s right to implement the nation’s toughest emissions standards.    Republicans used the Congressional Review Act, or CRA, to overturn California’s long-standing authority under the Clean Air Act to request waivers from the Environmental Protection Agency to pass emissions standards stricter than federal rules and protect residents from dangerous air pollution. The move affects 17 other states and Washington, D.C., which have voluntarily adopted one or more of California’s stricter standards.  The CRA allows Congress to quickly rescind a rule within a limited time after it’s issued by a federal agency, allowing a simple majority vote rather than the 60 votes needed to advance legislation under the filibuster rule.  An aerial view of traffic on a smoggy day in Los Angeles in January 1985. [Photo: Ernst Haas/Getty Images] But both the Senate parliamentarian, the chamber’s official nonpartisan adviser, and the Government Accountability Office, the nonpartisan congressional referee, said the waivers are not rules and so are not subject to the Congressional Review Act. In defying the Senate parliamentarian, Democrats charged, the vote endangers not just the health of children and the climate but also decades of legal precedent and the integrity of the Senate itself. “Today, the Senate has done something unprecedented,” said Sen. Sheldon Whitehouse of Rhode Island late Wednesday night, after he and his Democratic colleagues spent the past several days urging Republicans to respect not just California’s authority under the law, but also Senate rules.  “Our actions and the ones that will follow from the procedural steps taken here today, over the next day or so will change the Clean Air Act, will change the Congressional Review Act, will change the rules of the Senate, and will do so by overruling the parliamentarian and breaking the filibuster—in effect, going nuclear,” Whitehouse said, referring to attempts to subvert the filibuster. “This isn’t just about California’s climate policies, and this isn’t just about the scope of the Congressional Review Act, and this isn’t just about eliminating the legislative filibuster,” said California Sen. Alex Padilla on the Senate floor Tuesday. The Trump administration’s EPA submitted California’s waivers for review by Congress “with full knowledge that they are not actually rules” subject to the CRA, Padilla said, opening the door for any agency to ask Congress to revoke regulations a new administration doesn’t like.  By mid-afternoon Thursday, Republicans moved to overturn California’s waivers through a procedural maneuver—giving the Senate the authority to determine what constitutes a rule for fast-track voting. They overturned waivers behind California’s rules to reduce tailpipe emissions from passenger vehicles and trucks, those regulating medium- and heavy-duty trucks, and the rule for heavy-duty smog-producing diesel and gas trucks. Senate Majority Leader John Thune (R-SD) mocked Democrats’ objections to using the CRA, saying they were “throwing a tantrum over a supposed procedural problem.”Thune insisted that having a waiver submitted to Congress “is all that Congress has ever needed to decide to consider something under the Congressional Review Act.” He called the GAO’s ruling that the waiver is not a rule “an extraordinary deviation from precedent,” saying it was the first time the office “has decided to insert itself into the process and affirmatively declare that an agency rule submitted to Congress as a rule is not a rule.”  Despite Thune’s claim, since the CRA was passed in 1996 the GAO has offered 26 legal opinions about whether an agency action was a rule in response to inquiries from members of Congress. And EPA never submitted California Clean Air Act waivers to Congress before the Trump administration, Padilla and his Democratic colleagues say. They contend that Republicans chose this route because they don’t have the votes to withdraw the waivers through legislation. “The CRA has never been used to go after emission waivers like the ones in question today,” Senate Minority Leader Chuck Schumer of New York said on the floor Tuesday. “The waiver is so important to the health of our country, and particularly to our children; to go nuclear on something as significant as this and to do the bidding of the fossil fuel industry is outrageous.” The first waiver was granted to California on July 11, 1968, Whitehouse told his colleagues in a last-ditch effort to change their minds late Wednesday night. Waivers have either been granted or amended or modified repeatedly since then, he said. “The score on whether the California clean air rule is treated by EPA as a waiver or a rule? It’s 131 to zero.” The use of the Congressional Review Act resolution is inconsistent with past precedent and violates the plain language of the act itself, said John Swanton, a spokesperson for California’s Air Resources Board, which regulates emissions.  “The vote does not change CARB’s authority,” Swanton said, adding that the agency will continue its mission to protect the public health of Californians impacted by harmful air pollution. Ten million Californians live in areas that are under distinct, elevated threats from air pollution, said Adam Schiff, California’s junior senator. That has led to higher rates of respiratory issues like asthma and chronic lung disease, and increased the risk of heart disease, cancer, chronic headaches, and immune system issues, he said.  Sen. Adam Schiff (D-CA) speaks about the importance of the Clean Air Act in California during a Senate meeting on May 8. [Image: U.S. Senate floor webcast] “And that is multiplied by us living now on the front lines of the climate crisis. We have devastating and year-round fire dangers that put millions of other pollutants into our air,” Schiff said. “We need, deserve, and reserve the right as Californians to do something about our air.” Yet earlier this month, House Republicans, joined by 35 Democrats, including two from California, voted to rescind the waivers, sending the issue to the Senate. A “Compelling and Extraordinary” Need California’s legal authority to implement stricter air quality standards than federal rules comes from having already implemented its own tailpipe-emission regulations before Congress passed national standards in 1967. California officials developed the regulations to deal with the “compelling and extraordinary” air-pollution problems caused by the Golden State’s unique geography, climate, and abundance of people and vehicles. Recognizing these unique conditions, Congress gave California the authority to ask the Environmental Protection Agency for a waiver from rules barring states from passing air and climate pollution rules that are more protective than federal rules.  Only one waiver was denied, an action that was quickly reversed, according to CARB. And though the Trump administration in 2019 withdrew a waiver, a move legal scholars say has no basis in the law, the Biden administration restored the state’s authority to set its own vehicle-emission standards within a few years. Republicans argued that California’s rules amount to de facto national standards, given the state’s size and the fact that other states have signed on.  But California can’t force its emission standards on other states, Padilla said. “Yes, over a dozen other states have voluntarily followed in California’s footsteps, not because they were forced to, but because they chose to, in order to protect their constituents, their residents, and protect our planet.” California’s standards also represent ambitious but achievable steps to cut carbon emissions and fight the climate crisis, Padilla said. “Transportation is the single largest contributor to greenhouse gas emissions, and California has been proud to set the example for other states who may choose to follow suit.” Sen. Alex Padilla (D-CA) told his Republican colleagues late Wednesday night why his state’s unique geography and climate create particularly hazardous air-quality problems. [Image: U.S. Senate floor webcast] Padilla, who grew up in California’s chronically polluted San Fernando Valley, recalled being sent home from grade school “on a pretty regular basis” when throat-burning smog settled over the valley. “It appears that Republicans want to overturn half a century of precedent in order to undermine California’s ability to protect the health of our residents,” Padilla said. “Republicans seem to be putting the wealth of the big oil industry over the health of our constituents.” “For Their Fossil Fuel Donors” Rhode Island’s Whitehouse, who has long schooled his colleagues on the perils of carbon pollution, took to the floor Tuesday to school them on the Congressional Review Act. Under the American legal system, administrative agencies can make rules through “a very robust process” that follows the Administrative Procedure Act, Whitehouse said. A rule could be contested in court, but years ago Congress decided there also could be a period of review when congressional members could reject the rule.  And for all the decades since the CRA was passed, he said, it’s been used to address rules under the APA within the specified 60 days.Other states, including Rhode Island, follow California’s emissions standards because it’s good for public health to have clean air, Whitehouse said. “Efficient cars may mean lower cost for consumers, but those lower costs for consumers are lower sales for the fossil fuel industry.” Whitehouse told his colleagues they had legitimate pathways to change laws they didn’t like. They could pass a joint resolution or a simple Senate resolution. But those approaches would require 60 votes to end debate. “They don’t want to do that,” he said. “They want to ram this thing through for their fossil fuel donors.” Republicans, by contrast, argued they had the authority to protect consumers from what they call California’s “electric vehicle mandate,” which they say would endanger consumers, the economy, and the nation’s energy supply. “And our already shaky electric grid would quickly face huge new burdens from the surge in new electric vehicles,” argued Thune.  Congress had approved $5 billion to build electric vehicle charging infrastructure across the country, but the Trump administration withheld that funding, triggering a lawsuit from a coalition of attorneys to reverse what they said was a clearly illegal action. Republicans’ attacks on electric vehicles could disrupt a burgeoning industry built around the transition to renewable energy. “The repeal of these waivers will dramatically destabilize the regulatory landscape at a time when industry needs certainty to invest in the future and compete on a global scale,” said Jamie Hall, policy director for EV Realty, which develops EV-charging hubs. Thune also argued that California’s waiver rules are an improper expansion of a limited Clean Air Act authority, echoing an argument in Project 2025, a policy blueprint for the second Trump administration produced by the conservative Heritage Foundation, which has long battled efforts to combat climate change. In a chapter on transportation asserts, Project 2025 claims that California has no valid basis under the Clean Air Act to claim an extraordinary or unique air quality impact from carbon dioxide emissions. Its recommendation? “Revoke the special waiver granted to California by the Biden administration.” On Wednesday, a clearly frustrated Whitehouse argued that Republicans were helping the fossil fuel industry create a shortcut for itself so it can sell more gasoline and ignore all the states that joined California to demand cleaner air for their constituents. “The fossil fuel industry essentially runs the Republican Party right now,” he said. Last year, the oil and gas industry spent more than $153 million on lobbying, led by the American Fuel and Petrochemical Manufacturers, which spent $27.6 million to influence Congress on bills including those designed to repeal vehicle-emission standards. The trade group also donated $178,750 to congressional candidates, 96% of which went to Republicans.  The American Petroleum Institute, the largest U.S. oil and gas industry trade association, spent $6.25 million on lobbying last year to influence some of the same bills. Of nearly $400,000 donated to congressional candidates last year, 78% went to Republicans.  Ninety-five percent of the $21,000 the Heritage Foundation donated to congressional candidates last year went to Republicans. “We Believe That You Can Do It” The week before Donald Trump returned to office, the American Petroleum Institute held its biggest annual meeting in Washington, D.C. API promoted the event as an opportunity to urge the incoming Trump administration and Congress to “seize the American energy opportunity” by advancing commonsense energy policies. Thune joined API Chief Executive Mike Sommers onstage, where they reminisced about starting their careers in adjacent offices in the same congressional office building 30 years ago.  “It is a huge opportunity, having an administration that actually is pro-energy development working with the Congress,” Thune told his old friend. “We want to be supportive in any way that we can in ensuring that the president and his team have success in making America energy dominant.” Sommers suggested that one of the “big, powerful tools” Congress can use when one party controls both chambers is the Congressional Review Act, which he said offers fast-track authority to reverse “midnight regulations” passed by the Biden administration. Thune said he wouldn’t be able to use the CRA for one of California’s tailpipe emissions standards because it doesn’t fit within the required time window. But he was arguing with the parliamentarian and others, he said, “about the whole California waiver issue and how to reverse that because that was such a radical regulatory overreach.”Both California’s Clean Cars and Clean Trucks rules require an increasing percentage of vehicles sold in the state to be zero-emissions by 2035, with the cars rule, the so-called “EV mandate,” requiring that 100% of passenger cars and trucks be zero emissions by that date. “What California did was completely radical,” Sommers said at the meeting. “The fact that 17 other states who’ve waived into this are going to be subject to it could completely change the vehicle market.” “So we would highly encourage you to look at that as an option for the CRA,” Sommers told Thune. “And we believe that you can do it.” Thune assured Sommers that his committee chairs and team were looking at ways to fit repeal of California’s waivers “within the parameters of a CRA action” to fix what they saw as a shared problem. The oil and gas industry appreciated the efforts of Thune; John Barrasso of Wyoming, the Senate Majority Whip; and West Virginia Sen. Shelley Moore Capito, who pledged to overturn California’s clean cars rule and introduced the measure to do so last month.  “Today, the United States Senate delivered a victory for American consumers, manufacturers, and U.S. energy security by voting to overturn the prior administration’s EPA rule authorizing California’s gas car ban and preventing its spread across our country,” said the American Petroleum Institute and the American Fuel and Petrochemical Manufacturers in a joint statement. “We cannot thank Senators John Barrasso, Shelley Moore Capito, and Leader John Thune enough for their leadership on this important issue.” Back on the Senate floor, Democrats warned their Republican colleagues that they may live to regret their decision to override the parliamentarian and flout legislative rules. “It won’t be long before Democrats are once again in the driver’s seat here, in the majority once again,” Padilla said. When that happens, he warned, every agency action that Democrats don’t like, whether it’s a rule or not, and no matter how much time has passed, would be fair game with this new precedent.  “I suggest that we all think long and hard and be very careful about this,” he implored, in vain. “I would urge my colleagues, all my colleagues, to join me, not just in defending California’s rights to protect the health of our residents, not just in combating the existential threat of climate change, but in maintaining order in this chamber.” This article originally appeared on Inside Climate News. It is republished with permission. Sign up for their newsletter here.
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  • Trump Spent 20 Minutes at Crypto Dinner With People Who Paid $148 Million to Be There

    By

    AJ Dellinger

    Published May 23, 2025

    |

    Comments|

    President Trump speaking at the Bitcoin 2024 Conference © Brett Carlsen/Bloomberg

    Last night, Donald Trump hosted 220 of the biggest suckers you know for dinner. As part of a promotion for his cryptocurrency memecoin $TRUMP, the President of the United States let the top bag holders of his coin come hang out, including offering a private VIP reception with the 25 biggest “investors.” According to the Wall Street Journal, the 220 who received invites spent a cumulative million buying up $TRUMP before the event. The event, which was held at the Trump National Golf Club Washington DC in Potomac Falls, Virginia, was a real who’s who of people who make you go “I think I’ve heard of that person.” Perhaps the most famous person in the room was former NBA player Lamar Odom, who is now promoting his own memecoin. Others at the dinner included Brendan McCafferty, a guy CNN rather savagely called a “self-described media executive,” and Jeffrey Zirlin of the failed Axie Infinity game that got hacked for million. The Wall Street Journal noted that many of the attendees were foreigners, many of whom are big players in the crypto space. Others were looking to influence American policy—like Javier Selgas, the CEO of shipping company Freight Technologies, who made headlines by announcing plans to buy up $TRUMP to get a seat next to the president and try to advocate for easing tariffs.

    The biggest mark of the night, though, was Justin Sun, a Chinese-born crypto mogul who has made himself a bit of a central figure in the Trump crypto cinematic universe. Sun faced charges from the U.S. Securities and Exchange Commission for allegedly manipulating the price of his cryptocurrency $TRON. Earlier this year, Sun purchased million worth of tokens from World Liberty Financial, the “decentralized finance protocol” run by Trump’s kids, and found his charges dropped. Sun was identified as the top holder of $TRUMP at the dinner event, holding about million worth of the memecoin, and was awarded a “Trump Golden Tourbillion” watch, according to CNN. By all accounts, the attendees did not get their money’s worth out of the event. YouTuber CoffeeZilla, an investigative journalist in the crypto space, said he was told by attendees that the event was disappointing and “wack.” Christoph Heuermann, a “serial entrepreneur” who attended the event, said in an Instagram post that Trump gave a 20-minute speech and “didn’t interact with the crowd other than enjoying being celebrated. Even VIP token holderscouldn’t speak or even shake hands with the president.” Don’t worry, though: If you thought that was meant as a criticism of the whole charade, it wasn’t. “It was still well worth it to experience the president live and watch his mightily secured arrival and departure,” Heuermann wrote. Trump’s short speech—which he made in front of the official presidential seal despite the White House claiming it was a “private” event—seemed to be a classic rambling “weave” of an address, recounting his 2024 presidential election victory and bragging about closing the southern border in between the occasion bit of red meat tossed to the crypto crowd, according to CNN. “The Biden administration persecuted crypto innovators, and we’re bringing them back into the USA where they belong,” he told the audience, per Fox News.

    As Trump welcomed the folks who are actively lining his pockets, protesters stood outside the gates of the Trump National Golf Club, denouncing the event as evidence of corruption and demanding the full guest list be released, according to the New York Times. Democrats have launched several efforts to force the Presidentto divest from cryptocurrency so they cannot use their office to profit through promotions like this. But until one of those bills actually goes somewhere, it seems like there are still plenty of people out there willing to give Trump money in exchange for little more than clout.

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    #trump #spent #minutes #crypto #dinner
    Trump Spent 20 Minutes at Crypto Dinner With People Who Paid $148 Million to Be There
    By AJ Dellinger Published May 23, 2025 | Comments| President Trump speaking at the Bitcoin 2024 Conference © Brett Carlsen/Bloomberg Last night, Donald Trump hosted 220 of the biggest suckers you know for dinner. As part of a promotion for his cryptocurrency memecoin $TRUMP, the President of the United States let the top bag holders of his coin come hang out, including offering a private VIP reception with the 25 biggest “investors.” According to the Wall Street Journal, the 220 who received invites spent a cumulative million buying up $TRUMP before the event. The event, which was held at the Trump National Golf Club Washington DC in Potomac Falls, Virginia, was a real who’s who of people who make you go “I think I’ve heard of that person.” Perhaps the most famous person in the room was former NBA player Lamar Odom, who is now promoting his own memecoin. Others at the dinner included Brendan McCafferty, a guy CNN rather savagely called a “self-described media executive,” and Jeffrey Zirlin of the failed Axie Infinity game that got hacked for million. The Wall Street Journal noted that many of the attendees were foreigners, many of whom are big players in the crypto space. Others were looking to influence American policy—like Javier Selgas, the CEO of shipping company Freight Technologies, who made headlines by announcing plans to buy up $TRUMP to get a seat next to the president and try to advocate for easing tariffs. The biggest mark of the night, though, was Justin Sun, a Chinese-born crypto mogul who has made himself a bit of a central figure in the Trump crypto cinematic universe. Sun faced charges from the U.S. Securities and Exchange Commission for allegedly manipulating the price of his cryptocurrency $TRON. Earlier this year, Sun purchased million worth of tokens from World Liberty Financial, the “decentralized finance protocol” run by Trump’s kids, and found his charges dropped. Sun was identified as the top holder of $TRUMP at the dinner event, holding about million worth of the memecoin, and was awarded a “Trump Golden Tourbillion” watch, according to CNN. By all accounts, the attendees did not get their money’s worth out of the event. YouTuber CoffeeZilla, an investigative journalist in the crypto space, said he was told by attendees that the event was disappointing and “wack.” Christoph Heuermann, a “serial entrepreneur” who attended the event, said in an Instagram post that Trump gave a 20-minute speech and “didn’t interact with the crowd other than enjoying being celebrated. Even VIP token holderscouldn’t speak or even shake hands with the president.” Don’t worry, though: If you thought that was meant as a criticism of the whole charade, it wasn’t. “It was still well worth it to experience the president live and watch his mightily secured arrival and departure,” Heuermann wrote. Trump’s short speech—which he made in front of the official presidential seal despite the White House claiming it was a “private” event—seemed to be a classic rambling “weave” of an address, recounting his 2024 presidential election victory and bragging about closing the southern border in between the occasion bit of red meat tossed to the crypto crowd, according to CNN. “The Biden administration persecuted crypto innovators, and we’re bringing them back into the USA where they belong,” he told the audience, per Fox News. As Trump welcomed the folks who are actively lining his pockets, protesters stood outside the gates of the Trump National Golf Club, denouncing the event as evidence of corruption and demanding the full guest list be released, according to the New York Times. Democrats have launched several efforts to force the Presidentto divest from cryptocurrency so they cannot use their office to profit through promotions like this. But until one of those bills actually goes somewhere, it seems like there are still plenty of people out there willing to give Trump money in exchange for little more than clout. Daily Newsletter You May Also Like By Vanessa Taylor Published May 23, 2025 By Lucas Ropek Published May 23, 2025 By Matt Novak Published May 22, 2025 By AJ Dellinger Published May 22, 2025 By Matt Novak Published May 22, 2025 By Ellyn Lapointe Published May 21, 2025 #trump #spent #minutes #crypto #dinner
    GIZMODO.COM
    Trump Spent 20 Minutes at Crypto Dinner With People Who Paid $148 Million to Be There
    By AJ Dellinger Published May 23, 2025 | Comments (0) | President Trump speaking at the Bitcoin 2024 Conference © Brett Carlsen/Bloomberg Last night, Donald Trump hosted 220 of the biggest suckers you know for dinner. As part of a promotion for his cryptocurrency memecoin $TRUMP, the President of the United States let the top bag holders of his coin come hang out, including offering a private VIP reception with the 25 biggest “investors.” According to the Wall Street Journal, the 220 who received invites spent a cumulative $148 million buying up $TRUMP before the event. The event, which was held at the Trump National Golf Club Washington DC in Potomac Falls, Virginia, was a real who’s who of people who make you go “I think I’ve heard of that person.” Perhaps the most famous person in the room was former NBA player Lamar Odom, who is now promoting his own memecoin. Others at the dinner included Brendan McCafferty, a guy CNN rather savagely called a “self-described media executive,” and Jeffrey Zirlin of the failed Axie Infinity game that got hacked for $600 million. The Wall Street Journal noted that many of the attendees were foreigners, many of whom are big players in the crypto space. Others were looking to influence American policy—like Javier Selgas, the CEO of shipping company Freight Technologies, who made headlines by announcing plans to buy up $TRUMP to get a seat next to the president and try to advocate for easing tariffs. The biggest mark of the night, though, was Justin Sun, a Chinese-born crypto mogul who has made himself a bit of a central figure in the Trump crypto cinematic universe. Sun faced charges from the U.S. Securities and Exchange Commission for allegedly manipulating the price of his cryptocurrency $TRON. Earlier this year, Sun purchased $75 million worth of tokens from World Liberty Financial, the “decentralized finance protocol” run by Trump’s kids, and found his charges dropped. Sun was identified as the top holder of $TRUMP at the dinner event, holding about $18 million worth of the memecoin, and was awarded a “Trump Golden Tourbillion” watch, according to CNN. By all accounts, the attendees did not get their money’s worth out of the event. YouTuber CoffeeZilla, an investigative journalist in the crypto space, said he was told by attendees that the event was disappointing and “wack.” Christoph Heuermann, a “serial entrepreneur” who attended the event, said in an Instagram post that Trump gave a 20-minute speech and “didn’t interact with the crowd other than enjoying being celebrated. Even VIP token holders (I know some) couldn’t speak or even shake hands with the president.” Don’t worry, though: If you thought that was meant as a criticism of the whole charade, it wasn’t. “It was still well worth it to experience the president live and watch his mightily secured arrival and departure,” Heuermann wrote. Trump’s short speech—which he made in front of the official presidential seal despite the White House claiming it was a “private” event—seemed to be a classic rambling “weave” of an address, recounting his 2024 presidential election victory and bragging about closing the southern border in between the occasion bit of red meat tossed to the crypto crowd, according to CNN. “The Biden administration persecuted crypto innovators, and we’re bringing them back into the USA where they belong,” he told the audience, per Fox News. As Trump welcomed the folks who are actively lining his pockets, protesters stood outside the gates of the Trump National Golf Club, denouncing the event as evidence of corruption and demanding the full guest list be released, according to the New York Times. Democrats have launched several efforts to force the President (and other politicians) to divest from cryptocurrency so they cannot use their office to profit through promotions like this. But until one of those bills actually goes somewhere, it seems like there are still plenty of people out there willing to give Trump money in exchange for little more than clout (and maybe a pardon down the line, if needed). Daily Newsletter You May Also Like By Vanessa Taylor Published May 23, 2025 By Lucas Ropek Published May 23, 2025 By Matt Novak Published May 22, 2025 By AJ Dellinger Published May 22, 2025 By Matt Novak Published May 22, 2025 By Ellyn Lapointe Published May 21, 2025
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