Giuliani Records Row in Election Suit a ‘Murky Mess,’ Judge Says

Bloomberg

Giuliani Records Row in Election Suit a ‘Murky Mess,’ Judge Says

Zoe Tillman – May 19, 2023

(Bloomberg) — Rudy Giuliani fended off accusations he’s failed to fully comply with his legal duty to produce records and other evidence for two Georgia election workers who are suing him for defamation after becoming targets of 2020 election fraud conspiracy theories he promoted.

During a nearly three-hour hearing Friday in Washington, US District Judge Beryl Howell probed claims by Giuliani and his attorney that they made good faith efforts to follow legal rules and search his electronic devices, email accounts, messaging apps and social media platforms.

Near the end, she described the case as a “murky mess.”

Howell ordered Giuliani to provide a detailed accounting of his search for information as well as financial records to prove his claim that he can’t afford to hire professionals to perform searches or pay other costs associated with accessing all potential sources of documents. That includes a database extracted from electronic devices seized by federal investigators in April 2021 in an unrelated criminal probe. (Giuliani didn’t face charges.)

Read more: Rudy Giuliani Defends Lags in Election Workers’ Defamation Suit

The civil defamation suit has proceeded against the backdrop of multiple criminal investigations related to the 2020 presidential election and efforts to overturn President Joe Biden’s win. Outside the courthouse following the hearing, Giuliani said he hadn’t received any communication from Justice Department Special Counsel Jack Smith’s office and wasn’t worried about federal charges since he cooperated with investigators immediately after the Jan. 6, 2021, attack on the US Capitol.

Asked if he had any pending federal grand jury subpoenas, he replied, “not that I know of.”

Regarding a separate probe into efforts by former President Donald Trump and allies to overturn Georgia’s 2020 election results by the Fulton County district attorney’s office, Giuliani said he wasn’t worried because he was serving as an attorney at the time. Last summer, his lawyer confirmed that they’d received notice Giuliani was a target of that probe.

He said on Friday that he hadn’t heard anything from that office since he appeared before a special investigative grand jury in August 2022; District Attorney Fani Willis recently indicated that charges could come later this summer.

The defamation suit filed by Ruby Freeman and her daughter Wandrea “Shaye” Moss has been mired over the past year in problems the plaintiffs say they’ve faced trying to obtain evidence and track down witnesses. They asked Howell to consider imposing sanctions on Giuliani and to have him at least pay their expenses for having to file a motion to force him to produce records. Howell didn’t rule on those from the bench.

Freeman and Moss faced an onslaught of threats and harassment after the election and are seeking to hold Giuliani civilly liable. They filed the case in December 2021. There’s no trial date and one of the plaintiffs’ lawyers told the judge they expected to have to ask to push back upcoming deadlines.

Howell said Giuliani’s efforts to manually search social media accounts and electronic devices weren’t reliable, and pushed back when his lawyer Joseph Sibley argued that he thought the plaintiffs had enough information to put on their case. That was the point of the discovery process, Howell said — for the plaintiffs to make sure they had any relevant information to address Giuliani’s defenses.

Giuliani described the evidence fight as “punishment by process” and said that any shortcomings in the materials that they had turned over were “inadvertent.”

Meryl Governski, an attorney for Freeman and Moss, told the judge that Friday’s hearing illustrated the ongoing issues they’d encountered trying to get clear answers from Giuliani and his lawyer. Giuliani had said, for instance, that he mostly used email to communicate about issues relevant to Freeman and Moss, but Governski said that they’d received texts from one witness involving Giuliani that they hadn’t received from him.

Separate from the fight with Giuliani, Freeman and Moss’s lawyers have gone to Howell for help serving subpoenas on witnesses, saying they were struggling to track down lawyers who did work for Trump’s 2020 campaign — Katherine Friess and Jenna Ellis. Earlier this week they described challenges scheduling a deposition with a third campaign lawyer, Ray Smith III.

Lawrence O’Donnell Left Stunned By Revealing Response To Trump Pardon Allegation

HuffPost

Lawrence O’Donnell Left Stunned By Revealing Response To Trump Pardon Allegation

Ed Mazza – May 18, 2023

New Revolting Rudy Lawsuit

Lawrence O’Donnell took a closer look at one of the many serious allegations in a new lawsuit filed against Rudy Giuliani, the former New York mayor and longtime henchman to Donald Trump.

It’s the claim by Noelle Dunphy, a former aide now suing Giuliani for alleged sexual coercion and other claims, that he told her he could arrange for pardons from Trump for $2 million, with himself and the then-president splitting the money.

O’Donnell noted that Bill Barr, who served as attorney general to Trump, gave a rather lukewarm response when asked if he thought that was possible.

“I’m skeptical about that, I don’t think Rudy Giuliani would do that, I hope he wouldn’t, but I don’t know,” Barr said on Fox News.

O’Donnell was stunned.

“I don’t know?” he said. “William Barr knows Rudolph Giuliani well. William Barr knows Donald Trump well. And when asked if those two could have teamed up to sell $2 million pardons and split the money, William Barr’s answer is, ‘I don’t know.’”

O’Donnell said any attorney general not appointed by Trump or Richard Nixon would’ve given “a very, very strong answer.”

But Barr didn’t ― and O’Donnell found that extremely telling, as he explained on “The Last Word” on Wednesday night:

China overtakes Japan as world’s top car exporter

BBC News

China overtakes Japan as world’s top car exporter

Peter Hoskins – Business reporter – May 19, 2023

Worker on the assembly line of electric vehicles at a factory of Dayun Automobile in Yuncheng, Shanxi Province, China.
China’s car exports were boosted by demand for electric vehicles and sales to Russia

China says it has become the world’s biggest exporter of cars after overtaking Japan in the first three months of the year.

Officials figures released in the last week show China exported 1.07 million vehicles in the period, up 58% compared to the first quarter of 2022.

At the same time Japan’s vehicle exports stood at 954,185, after edging up 6% from a year earlier.

China’s exports were boosted by demand for electric cars and sales to Russia.

Last year, China overtook Germany to become the world’s second largest car exporter.

According to China’s General Administration of Customs, China exported 3.2 million vehicles in 2022, compared to Germany’s 2.6 million vehicle exports.

The shift away from fossil fuels has helped fuel the rise of China’s motor industry.

First quarter exports of new energy vehicles (NEVs), which includes electric cars, rose by more than 90%, compared to a year earlier.

Tesla’s China arm, SAIC – the owner of the MG brand – and BYD, which is backed by veteran US investor Warren Buffett, are among China’s top exporters of NEVs.

Elon Musk’s electric carmaker has a huge manufacturing plant in Shanghai which exports to regions including Japan and Europe.

Tesla’s ‘Gigafactory’ is currently capable of producing 1.25 million vehicles a year, and the company is planning to further increase capacity.

Last month, it started making Model Y sport utility vehicles for export to Canada.

China has also seen exports to Russia surge since the start of the Ukraine war, as Western countries imposed trade sanctions on Moscow.

Last, year, Chinese carmakers – including Geely, Chery and Great Wall – saw their market share in Russia jump after rivals including Volkswagen and Toyota quit the country following the invasion of Ukraine.

No armor, no shoes, no hope – the daily life of a Russian soldier

The Telegraph

No armor, no shoes, no hope – the daily life of a Russian soldier

Colin Freeman – May 18, 2023

Russian soldiers
Russian soldiers

With soaring casualty rates and plunging morale, Russian soldiers on Ukraine’s front line are paying a heavy price for Vladimir Putin’s decision to invade.

Aged on average between 20 and 25 years old, and typically from impoverished backgrounds, some are conscripts while others are attracted by slick online advertising and surprisingly good salaries. As Kyiv prepares to launch a major counter-offensive, what is their daily life like?

Dawn raids

Few soldiers on Ukraine’s front line get a decent night’s sleep, as shelling can last all night. Soldiers must also do round-the-clock watch shifts to guard their positions, which change constantly with the tides of battle.

If they’re lucky, they may be in an abandoned school with a basement to use as a bunker, or a house with a vegetable cellar. Otherwise it’s often an uncomfortable night in a trench in a forest, which sometimes has to be dug by hand.

Even when the front sounds quiet, danger still lurks. With daybreak comes Ukraine’s ever-growing swarms of improvised drone-bombers – cheap shop-bought camera drones that hover 80 metres above Russian positions and then drop grenades. They may not be powerful weapons, but can still kill and maim, and leave the Russian troops with very few places where they feel safe.

Morning is also a tempting time for checking one’s phone – despite warnings not to from Russian high command because they can give away your location. In January, when 60 Russian soldiers were killed by a missile attack on a base in a converted school, the Kremlin said that data tracked from their mobile phones had revealed where they were.

Shabby uniform

Most soldiers anywhere near the front line have to sleep fully dressed, going for weeks without baths or showers. The closest they may get to a wash is a packet of wet-wipes for a quick scrub “down there”.

Even when clean, though, Russian uniforms are seldom a source of pride. Cheap Chinese-made boots often disintegrate, or come in different sizes in single pairs. Jackets aren’t warm enough; during the winter months, the mercury will sometimes not rise above freezing for weeks. Night temperatures of -10C are typical.

A Russian soldier from the Southern MD T-72B3 tank crews launching strikes on Ukrainian targets, from an unknown location on May 1, 2023 - Russian Defence Ministry/UPI/Shutterstock
A Russian soldier from the Southern MD T-72B3 tank crews launching strikes on Ukrainian targets, from an unknown location on May 1, 2023 – Russian Defence Ministry/UPI/Shutterstock

And as the war has ground on, new recruits have sometimes been given second-hand uniforms: the reason why their original owners no longer need them is not something many like to ask. Russia’s high command has insisted, however, that none of this is an excuse for sloppy dress standards.

In January, they reminded troops to shave regularly and not grow their hair. This infuriated the head of Russia’s Wagner mercenary group, Yevgeny Prigozhin. “War is the time of the active and courageous,” he fumed. “Not of the clean-shaven.”

Faulty kit

Russian military kit has such a poor reputation that it has spawned a host of Ukrainian social media sites making fun of it. A YouTube channel hosted by Andrii Nebytov, the head of Kyiv’s police, highlights everything from Soviet-era helmets through to body armour that doesn’t stop bullets.

As with uniforms, many Russian soldiers simply end up buying their own kit, spending up to £500 on proper body armour rather than risk getting a set meant only for paintballing. Some Russian conscripts have even been seen with ancient bolt-action Mosin rifles, last used in the Second World War.

‘Zombie’ warfare

The average Russian soldier’s combat experience wouldn’t feel unfamiliar to veterans of the First World War. Much of it is relentless trench warfare, with battles raging for months for control of small towns and villages. Russian infantry are also dispatched on blind charges across no-man’s land, running headlong into machine gun fire in a desperate attempt to overwhelm Ukrainian positions.

The charges are nicknamed “Zombie Waves” by Ukrainian troops, who eschew the same tactic themselves. “Firstly, it’s inhumane, and, secondly, we don’t have enough men to waste like that,” says one. The Zombie Waves also help explain the soaring Russian casualty rates. According to a leaked assessment by America’s Defence Intelligence Agency, Russia has already suffered around 40,000 dead and 170,000 wounded, compared with 16,000 dead and 110,000 wounded for Ukraine.

Russian soldiers march toward Red Square to attend a Victory Day military parade on May 9, marking the former Soviet Union's victory in World War II over Nazi Germany - Getty
Russian soldiers march toward Red Square to attend a Victory Day military parade on May 9, marking the former Soviet Union’s victory in World War II over Nazi Germany – Getty

Life expectancy isn’t much better for Russian armoured units, thanks to anti-tank missiles supplied by Britain and America. Russian tanks are supposed to have “reactive armour” – plating packed with explosive that creates a counterblast to deflect missiles. Such is the corruption in the Russian armed forces, however, that the explosive in the plating has often been removed and sold.

Drink and drugs

To boost the Russian forces’ thinning ranks, military recruiters have been doing roadshows nationwide, promoting a stint on Ukraine’s front lines as “the choice of a real man”.

Those who sign a fixed-term contract can earn around 200,000 roubles (£2,000) a month – four times the rate pre-war. Similar pay rates apply for the 300,000 draftees called up in the “partial mobilisation” announced by Putin last September.

Passengers walk past a subway station billboard, advertising contract service in the army on May 12 in Moscow. - Getty
Passengers walk past a subway station billboard, advertising contract service in the army on May 12 in Moscow. – Getty

Russia has also used the war to drain its prison population, with convicts promised pardons if they serve with the Wagner Group, the private mercenary company run by Prigozhin, a close Putin ally. This motley army of ex-gangsters, rapists and murderers now makes up the bulk of the Zombie Waves.

“They just charge straight at us, with no infantry discipline at all, and no sense of fear either,” says one US volunteer fighting alongside Ukrainian forces. “Quite often they keep going even after being shot a few times, which makes you wonder if they’re on drugs.”

Nearly 10,000 convicts are believed to have died fighting with Wagner already. Meanwhile, those who have survived and won their freedom have often caused havoc on returning to their hometowns, where they are seldom welcome because of their criminal pasts.

One Wagner fighter who received a pardon, ex-murderer Ivan Rossomakin, was arrested within days of returning home on suspicion of killing an elderly woman. Another boasted that his Wagner military service card now served as a get-out-of-jail-free card whenever he had a run-in with local police.

One perk of service is the opportunity for looting. Russian troops have been reported stealing everything from washing machines to satellite dishes, sometimes even taking orders for goods from family back home. Alcohol is also frequently stolen and drunk on the front line – a sign, critics say, of the indiscipline and lack of morale in the Russian ranks.

Revolting food

While no army’s military rations are known for being cordon bleu, the Russian offerings are a case in point. Designed to fuel a soldier through combat for 24 hours, the emphasis is on calories rather than taste. Choose from tinned barley porridge and canned bread through to ox meat, liver pate, and bacon chunks swimming in fat.

“I tried some of the ox meat once,” says one British volunteer fighting with Ukrainian forces. “It tasted OK to start with because I was starving, but as my hunger eased it began to taste like dog meat.” The army-issue apple sauce and the chocolate – which sometimes is a greyish hue – are better.

A Ukranian soldier reviews Russian rations
A Ukranian soldier reviews Russian rations

But overall, it’s little surprise that Russian troops frequently loot Ukrainian supermarkets, which are remarkably well stocked with local produce and fresh bread.

Plummeting morale

With Putin showing no interest in peace talks – or the soaring Russian casualty figures – the best hope for any Russian soldier hoping to come home from Ukraine alive may be that the Russian army collapses outright.

Morale has already plummeted, with masked soldiers airing grievances on social media. “We’re just sent in for slaughter,” says one. “The commanders are telling us in the face we’re disposable soldiers and our only chance to go back home is to get injured in fighting.”

Incidents of desertion are growing, although in September, Russia’s parliament passed new laws making that punishable by 15 years’ jail. Russian generals are also deploying “barrier troops” with orders to shoot any soldiers who retreat – a tactic last used by Stalin in the Second World War.

The rot is gathering pace nonetheless. In a withering assessment last Sunday, Britain’s MoD claimed that Russia’s invasion force could no longer do major military operations, saying it was now made up mainly of “poorly trained mobilised reservists and increasingly reliant on antiquated equipment”.

Yevgeny Prigozhin - PRIGOZHIN PRESS SERVICE
Yevgeny Prigozhin – PRIGOZHIN PRESS SERVICE

Nor is it just British military chiefs who are saying this. In a sign of the growing tensions within the Kremlin, Prigozhin has issued his own videos lambasting the Kremlin for letting soldiers down.

While he carefully avoids criticising Putin by name, he has also made cryptic references to an all-powerful “happy grandpa” in the government, whose competence he is now beginning to doubt.

“How can we win this war if – by chance, and I’m just speculating here – it turns out that this grandpa is a complete —-head?”

That he gets away with such comments suggests the Kremlin knows he is speaking not just his own mind, but that of most Russian soldiers in Ukraine.

Florida passes bill to prevent billionaires like Elon Musk and Jeff Bezos being sued if their mega-rockets kill or injure people

Business Insider

Florida passes bill to prevent billionaires like Elon Musk and Jeff Bezos being sued if their mega-rockets kill or injure people

Marianne Guenot – May 17, 2023


How SpaceX, Blue Origin, and Virgin Galactic plan on taking you to space

The SpaceX Starship lifts off from the launchpad during a flight test from Starbase in Boca Chica, Texas, on April 20, 2023.
The SpaceX Starship lifts off in Boca Chica, Texas, on April 20, 2023.PATRICK T. FALLON/AFP via Getty Images
  • Florida passed a bill protecting space companies in case of injury or death of a crew member.
  • Passengers will have to sign a waiver stating they understand the risks before boarding a spaceship.
  • The bill comes as more billionaires are trying to make commercial space flight a reality.

Florida has signed a bill protecting the billionaire owners of space companies against civil lawsuits in case of the death or injury of a passenger or crew member.

Passengers will have to sign a waiver stating they understand the risks of spaceflight before boarding a spaceship, the bill states.

“Under Florida law, there is no liability for an injury to or death of a participant or crew in a spaceflight activity provided by a spaceflight entity if such injury or death results from the inherent risks of the spaceflight activity,” the bill states.

For private sector companies like Elon Musk’s SpaceX and Jeff Bezos’ Blue Origin, the bill “has the potential to limit the cost of litigation to businesses engaging in spaceflight activities,” a senate analysis of the bill said.

The bill extends protections to private space companies
Elon Musk
Elon Musk stands in front of a model of a rocket.(Photo by Hannibal Hanschke-Pool/Getty Images)

The Spaceflight Entity Liability bill, which was sent to Governor Ron DeSantis and passed the Florida Senate and House with little opposition, was adjusted to reflect “the evolution of spaceflight,” said Republican Sen. Tom Wright, the bill’s sponsor, per Florida Politics.

“Astronauts are no longer government astronauts. These are commercial crew,” said Republican Rep. Tyler Sirois at a March 9 hearing, per Florida Politics.

The new bill states that space flight remains “an extraordinarily dangerous condition” and people should take responsibility for the risks before boarding the rocket, the Senate bill analysis states.

The bill doesn’t protect the companies in case of “gross negligence”

Florida lawmakers have every motivation to protect the spaceflight industry, which contributes $17.7 billion in revenues to Florida’s economy, per Florida’s Aerospace and Spaceport Development Authority.

SpaceX and Blue Origin have their primary launch sites in Florida. Jeff Sharkey, a lobbyist representing SpaceX, also stood in support of the bill at a March 26 hearing, per Florida Politics.

Still, the bill doesn’t abrogate space companies from all responsibility. It states clearly that the company is still liable in case of gross negligence, if the company knew or should have known about dangerous conditions, or it intentionally tried to hurt or kill a crewmember.

Even in a case of negligence, the bill would be difficult to hold up in court, Mark Sundahl, director of the Global Space Law Center at Cleveland State University, told Gizmodo in an email.

The waiver, he said “assumes that there is ‘informed consent.’ It is questionable whether a passenger who is not familiar with the technology and history of spaceflight can truly be ‘informed’ as to the risks.”

More protections are needed as space tourism takes off
yusaku maezawa is seeing wearing a orange shirt, floating cross legged and waving in the International Space Station.
Japanese billionaire Yusaku Maezawa floats inside the International Space Station (ISS) as seen in this photo uploaded on December 9, 2021,Yusake Maezawa via Instagram/via REUTERS

The bill comes in the wake of a boom in space tourism led by private companies.

Multi-millionaire and billionaire civilians are hitching rides to low earth orbit and outer space.

“The fear is that the estate of ultra-wealthy passengers could bring massive claims for hundreds of millions of dollars in lost revenue due to the life of the passenger being cut short,” said Sundahl, per Gizmodo.

“The industry is still in its early days and such liability might stunt the industry,” he said.

These include billionaire Yusaku Maezawa, a Japanese fashion mogul who has already flown to the International Space Station and purchased all the seats on an upcoming SpaceX  Starship flight around the moon.

250,000 Florida residents kicked off Medicaid; more expected

Tampa Bay Times – St. Petersburg, Fla.

250,000 Florida residents kicked off Medicaid; more expected

Christopher O’Donnell, Tampa Bay Times – May 17, 2023

Health advocate groups are calling on Florida to halt a review of the eligibility of Medicaid recipients after close to 250,000 residents were terminated from the program during the past four weeks.

The Florida Department of Children and Families began a purge of the more than 5 million people from the state’s Medicaid rolls on April 18 as part of the winding down of the public health emergency that took effect May 11. Since then, state workers have reviewed more than 461,000 people, taking Medicaid benefits away from more than half.

About 80% of those terminated — roughly 205,000 — were disqualified because they failed to respond to requests for information needed to renew their eligibility, the state report shows. About 44,300 recipients were referred to other programs because they earn too much to be eligible.

The high number of so-called procedural terminations has alarmed health advocacy groups, who fear families, including children who are still eligible, will lose coverage because they were unaware of the requirement.

The Florida Policy Institute, an Orlando nonprofit group, was among groups who earlier this year warned of a “looming tidal wave of health coverage loss for children, parents, and young adults.” CEO Sadaf Knight on Wednesday said the state should pause the process and re-enroll those who have been removed until it has checked their eligibility.

“We have consistently urged the state and administration to do everything in its power to ensure no eligible child or parent was kicked off of health coverage because of bureaucratic inadequacies,” she said. “Now, the first reports confirm our fears about unnecessary losses in coverage. There is no excuse for the loss of health coverage for over 200,000 Floridians due to procedural ‘red tape.’”

The state’s Medicaid rolls swelled by nearly 1.8 million people since 2020, when the federal government paid states extra money to keep people covered during the pandemic, even if they were no longer eligible. Similar checks on recipients are being conducted in every state across the nation in accordance with instructions from the federal government.

The Department of Children and Families earlier this year released a plan to send renewal notices to recipients through emails and letters.

The plan states those who lose coverage will be referred to alternatives, including Florida KidCare, a government-sponsored health insurance program, and federally subsidized health centers that treat low-income patients. Hillsborough County also runs a health care program for low-income residents funded through a sales tax.

Hillsborough County received 877 new applications for its program in April. As of Wednesday, more than 1,060 people had applied this month, said spokesperson Todd Pratt.

“The federal pause on Medicaid redeterminations for the last three years has been unprecedented,” said Department Secretary Shevaun Harris in an April 18 memo to health care groups. “This change reflects a return to normal operations.”

Florida is one of only 10 states that have not taken advantage of a provision in the Affordable Care Act that rewards states for expanding Medicaid to more low-income residents.

Florida’s Medicaid program covers children ages 5 and younger in households that make $33,408 or less and older children whose parents make up to $31,795. But there is no coverage for parents who earn more than $7,000 a year, and adults with no children are ineligible no matter how little they earn. Only four states in the nation have stricter Medicaid eligibility, according to the Florida Policy Institute.

The Florida Health Justice Project is also calling for a halt to the state’s Medicaid review process. Eligible families with children who rely on Medicaid could fall through the cracks and be disqualified, said Alison Yager, the project’s executive director. She also questioned whether the state was following its plan to prioritize reviewing people who no longer qualified and those who have not used Medicaid services.

“It raises all kinds of questions about whether people are getting their correspondence or are having trouble getting through to (the Department of Children and Families),” she said. “People still don’t know this is happening.”

Many Texans must work for food stamps. But no work required for $92,000 payout.

Austin American – Statesman

Grumet: Many Texans must work for food stamps. But no work required for $92,000 payout.

Bridget Grumet, Austin American-Statesman – May 17, 2023

People in need wait to receive food from a mobile food pantry in Kyle. Texans who receive food stamps for their families must renew their status every six months.
People in need wait to receive food from a mobile food pantry in Kyle. Texans who receive food stamps for their families must renew their status every six months.

If you’re on food stamps, you can be sure the state of Texas will check up on you. Every six months, in fact.

You have to fill out new forms proving that you’re still poor and working at least 30 hours a week (unless you’re over 60 or physically unable to work). You have to demonstrate that your car isn’t worth too much, and, in some cases, show your housing and health care costs.

Every six months.

Just to get help to buy food — up to $939 a month for a family of four.

I kept thinking about that as I read a stunning story last week about government spending on the other end of the spectrum. As my colleague Tony Plohetski reported, Victor Vandergriff resigned from his post as a Texas Department of Transportation commissioner in 2018 — but the state continued to pay him for five years, in payments totaling nearly $92,000.

No one was checking up on Vandergriff. He didn’t have to justify himself every six months. The paychecks kept flowing, even though he stopped doing a job that, in fairness, he had quit.

When it comes to social safety net programs, our state is so worried that people might get something they don’t deserve. Where is that concern when it comes to someone drawing a state paycheck they didn’t earn?

The focus has been on the “holdover” provision in state law that allowed this to happen. To ensure the government keeps operating, original language in the 1876 Texas Constitution says that state officials remain state officials until they are replaced by someone else. So even though Vandergriff resigned, he remained a transportation commissioner on paper — and on the payroll — until Gov. Greg Abbott named a replacement this March.

Victor Vandergriff resigned in 2018 as a Texas Department of Transportation Commissioner, but he continued to be paid for five years until his replacement was named.
Victor Vandergriff resigned in 2018 as a Texas Department of Transportation Commissioner, but he continued to be paid for five years until his replacement was named.

In such a system, the onus is on the governor’s office to ensure that appointees who resign are replaced in a timely way. Abbott’s office didn’t respond to follow-up questions about why it took five years to name Vandergriff’s successor.

It’s worth noting that the governor’s office handles more than 1,500 appointments to various boards and commissions during each four-year term, and finding people with the right expertise and willingness to serve in these roles can take time.

Still, it’s striking to see that Texas’ systems are designed to provide grace periods and continued resources to those in power, while imposing rigid deadlines and an obstacle course of justifications for Texans in need.

The car conundrum

Consider the Supplemental Nutrition Assistance Program, or SNAP, more commonly known as food stamps.

Most food stamp recipients must prove they’re working. Getting to and from a job often requires a car. To get food stamps, though, your car can’t be worth more than $15,000 — a value that hasn’t been updated since 2001 to reflect inflation.

Heaven help you if you’re a two-car household: The second car can’t be worth more than $4,650, a value set in 1973.

“The wrinkle is, through the pandemic, when used car prices accelerated, it meant people’s existing vehicles became worth more,” Rachel Cooper, director of Health & Food Justice for Every Texan, told me. “So it also made it harder for (people) to qualify for SNAP.”

And some people actually lost their food stamps in the past couple of years because their used cars grew too much in value, she added.

Last month, the House passed a common-sense bill — House Bill 1287 — to provide a one-time adjustment to the allowable car value for food stamp recipients, and to create a process for considering future adjustments. The measure could be heard by the Senate Finance Committee this week.

Technically, it’s legislation about car values and benefits calculations. But really it’s about whether some Texans on the margins can qualify for the food their families need.

Difficult by design

Food stamps are just one example.

Consider Medicaid: Prior to the pandemic, some of the poorest kids in Texas routinely lost their health care coverage because the state used a flawed system to conduct random spot-checks for eligibility. New moms on Medicaid — nearly half of the women giving birth in Texas — lost their health coverage just two months after the baby arrived.

Federal COVID-era policies provided temporary relief, preventing anyone from losing health coverage during the pandemic. Lawmakers last session shifted Medicaid eligibility checks for kids to once every six months, and lawmakers this session are considering HB 12 to keep uninsured women on Medicaid for 12 months after they’ve given birth.

Meanwhile, as the pandemic-era protections lift, 2.7 million Texas women and children must once again prove to the state that they deserve health care coverage.

Applying for government assistance is notoriously tough. Nonprofits often have staffers dedicated to helping Texans navigate the bureaucratic maze, Cooper said.

The process is difficult by design.

“If you have a mentality that folks who need these programs are taking from everybody else, or somehow they’re not working, somehow they’re lazy, and now they’re abusing the system, then then you build a system to lock people out, to make it so that it’s only the desperate or the very well-resourced who make it through the gauntlet to get services,” Cooper said.

Contrast that with the ease with which Victor Vandergriff collected $92,000 from the state without doing a thing.

Vandergriff’s case might reflect one extreme example, but it still provides an instructive view. Our state systems are designed to maintain Texas government, to keep officials and their compensation in place.

Imagine if our systems were equally focused on maintaining Texans themselves, ensuring the most vulnerable can get the essentials they need.

Grumet is the Statesman’s Metro columnist. Her column, ATX in Context, contains her opinions. 

Russia says hypersonic missile scientists face ‘very serious’ treason accusations

Reuters

Russia says hypersonic missile scientists face ‘very serious’ treason accusations

Tatiana Gomozova and Lucy Papachristou – May 17, 2023

Victory Day Parade in Moscow
FILE PHOTO: Kremlin spokesman Dmitry Peskov attends a news conference in Samarkand

MOSCOW (Reuters) – Three Russian academics who have worked on hypersonic missile technology face “very serious accusations”, the Kremlin said on Wednesday, in a treason investigation that has spread alarm through Russia’s scientific community.

Kremlin spokesman Dmitry Peskov said he was aware of an open letter from Siberian scientists in defence of the men, but that the case was a matter for the security services.

In the letter, published on Monday, colleagues of Anatoly Maslov, Alexander Shiplyuk and Valery Zvegintsev protested their innocence and said the prosecutions threatened to inflict grave damage on Russian science.

“We know each of them as a patriot and a decent person who is not capable of doing what the investigating authorities suspect them of,” they said.

President Vladimir Putin has boasted that Russia is the global leader in hypersonic missiles, capable of travelling at speeds of up to Mach 10 (12,250 kph) to evade enemy air defences. On Tuesday, Ukraine said it had managed to destroy six of the weapons in a single night, although Russia disputed this.

Notices of academic conferences stretching back over many years show the arrested scientists were frequent participants.

In 2012, Maslov and Shiplyuk presented the results of an experiment on hypersonic missile design at a seminar in Tours, France. In 2016, all three were among the authors of a book chapter entitled “Hypersonic Short-Duration Facilities for Aerodynamic Research at ITAM, Russia”.

The open letter from their colleagues at ITAM – the Khristianovich Institute of Theoretical and Applied Mechanics in Novosibirsk – said the materials the scientists had presented in international forums had been checked repeatedly to ensure they did not include restricted information.

The cases showed that “any article or report can lead to accusations of high treason”, the open letter said.

“In this situation, we are not only afraid for the fate of our colleagues. We just do not understand how to continue to do our job.”

The letter also cited the case of Dmitry Kolker, another Siberian scientist who was arrested last year on suspicion of state treason and flown to Moscow despite suffering from advanced pancreatic cancer. Kolker, a laser specialist, died two days later.

It said such cases were having a chilling effect on young Russian scientists.

“Even now, the best students refuse to come to work with us, and our best young employees are leaving science. A number of research areas that are critically important to laying the fundamental groundwork for the aerospace technology of the future are simply closing because employees are afraid to engage in such research.”

Asked about the letter, Kremlin spokesman Peskov said: “We have indeed seen this appeal, but Russian special services are working on this. They are doing their job. These are very serious accusations.”

(Reporting by Tatiana Gomozova in Moscow and Lucy Papachristou in Gdansk; writing by Mark Trevelyan; Editing by Kevin Liffey)

Grumet: Many Texans must work for food stamps. But no work required for $92,000 payout.

Austin American – Statesman

Grumet: Many Texans must work for food stamps. But no work required for $92,000 payout.

Bridget Grumet, Austin American-Statesman – May 17, 2023

People in need wait to receive food from a mobile food pantry in Kyle. Texans who receive food stamps for their families must renew their status every six months.
People in need wait to receive food from a mobile food pantry in Kyle. Texans who receive food stamps for their families must renew their status every six months.

If you’re on food stamps, you can be sure the state of Texas will check up on you. Every six months, in fact.

You have to fill out new forms proving that you’re still poor and working at least 30 hours a week (unless you’re over 60 or physically unable to work). You have to demonstrate that your car isn’t worth too much, and, in some cases, show your housing and health care costs.

Every six months.

Just to get help to buy food — up to $939 a month for a family of four.

I kept thinking about that as I read a stunning story last week about government spending on the other end of the spectrum. As my colleague Tony Plohetski reported, Victor Vandergriff resigned from his post as a Texas Department of Transportation commissioner in 2018 — but the state continued to pay him for five years, in payments totaling nearly $92,000.

No one was checking up on Vandergriff. He didn’t have to justify himself every six months. The paychecks kept flowing, even though he stopped doing a job that, in fairness, he had quit.

When it comes to social safety net programs, our state is so worried that people might get something they don’t deserve. Where is that concern when it comes to someone drawing a state paycheck they didn’t earn?

The focus has been on the “holdover” provision in state law that allowed this to happen. To ensure the government keeps operating, original language in the 1876 Texas Constitution says that state officials remain state officials until they are replaced by someone else. So even though Vandergriff resigned, he remained a transportation commissioner on paper — and on the payroll — until Gov. Greg Abbott named a replacement this March.

Victor Vandergriff resigned in 2018 as a Texas Department of Transportation Commissioner, but he continued to be paid for five years until his replacement was named.
Victor Vandergriff resigned in 2018 as a Texas Department of Transportation Commissioner, but he continued to be paid for five years until his replacement was named.

In such a system, the onus is on the governor’s office to ensure that appointees who resign are replaced in a timely way. Abbott’s office didn’t respond to follow-up questions about why it took five years to name Vandergriff’s successor.

It’s worth noting that the governor’s office handles more than 1,500 appointments to various boards and commissions during each four-year term, and finding people with the right expertise and willingness to serve in these roles can take time.

Still, it’s striking to see that Texas’ systems are designed to provide grace periods and continued resources to those in power, while imposing rigid deadlines and an obstacle course of justifications for Texans in need.

The car conundrum

Consider the Supplemental Nutrition Assistance Program, or SNAP, more commonly known as food stamps.

Most food stamp recipients must prove they’re working. Getting to and from a job often requires a car. To get food stamps, though, your car can’t be worth more than $15,000 — a value that hasn’t been updated since 2001 to reflect inflation.

Heaven help you if you’re a two-car household: The second car can’t be worth more than $4,650, a value set in 1973.

“The wrinkle is, through the pandemic, when used car prices accelerated, it meant people’s existing vehicles became worth more,” Rachel Cooper, director of Health & Food Justice for Every Texan, told me. “So it also made it harder for (people) to qualify for SNAP.”

And some people actually lost their food stamps in the past couple of years because their used cars grew too much in value, she added.

Last month, the House passed a common-sense bill — House Bill 1287 — to provide a one-time adjustment to the allowable car value for food stamp recipients, and to create a process for considering future adjustments. The measure could be heard by the Senate Finance Committee this week.

Technically, it’s legislation about car values and benefits calculations. But really it’s about whether some Texans on the margins can qualify for the food their families need.

Difficult by design

Food stamps are just one example.

Consider Medicaid: Prior to the pandemic, some of the poorest kids in Texas routinely lost their health care coverage because the state used a flawed system to conduct random spot-checks for eligibility. New moms on Medicaid — nearly half of the women giving birth in Texas — lost their health coverage just two months after the baby arrived.

Federal COVID-era policies provided temporary relief, preventing anyone from losing health coverage during the pandemic. Lawmakers last session shifted Medicaid eligibility checks for kids to once every six months, and lawmakers this session are considering HB 12 to keep uninsured women on Medicaid for 12 months after they’ve given birth.

Meanwhile, as the pandemic-era protections lift, 2.7 million Texas women and children must once again prove to the state that they deserve health care coverage.

Applying for government assistance is notoriously tough. Nonprofits often have staffers dedicated to helping Texans navigate the bureaucratic maze, Cooper said.

The process is difficult by design.

“If you have a mentality that folks who need these programs are taking from everybody else, or somehow they’re not working, somehow they’re lazy, and now they’re abusing the system, then then you build a system to lock people out, to make it so that it’s only the desperate or the very well-resourced who make it through the gauntlet to get services,” Cooper said.

Contrast that with the ease with which Victor Vandergriff collected $92,000 from the state without doing a thing.

Vandergriff’s case might reflect one extreme example, but it still provides an instructive view. Our state systems are designed to maintain Texas government, to keep officials and their compensation in place.

Imagine if our systems were equally focused on maintaining Texans themselves, ensuring the most vulnerable can get the essentials they need.

Grumet is the Statesman’s Metro columnist. Her column, ATX in Context, contains her opinions. 

Texas passes bill stripping authority from cities

The Hill

Texas passes bill stripping authority from cities


Saul Elbein – May 16, 2023

A sweeping Texas bill stripping authority from cities passed the state Senate on Tuesday and is now headed to the governor’s desk.

House Bill 2127 takes large domains of municipal governing — from payday lending laws to regulations on rest breaks for construction workers to laws determining whether women can be discriminated against based on their hair — out of the hands of the state’s largely Democratic-run cities and shifts them to its Republican-controlled legislature.

According to the Austin American Statesman, Gov. Greg Abbott (R) has been a vocal supporter of the bill.

Progressive critics argue the legislation — which one lawyer for Texas cities called “the Death Star” for local control — represents a new phase in the campaign by conservative state legislatures to curtail the power of blue-leaning cities.

Opponents of the bill include civil society groups like the AFL-CIO — and representatives of every major urban area in Texas, along with several minor ones.

They argue the shift in power it would enable would hamstring cities’ abilities to make policies to fit their unique circumstances.

“Where the state is silent, and it is silent on a lot — local governments step into that breach, to act on behalf of our shared constituents,” state Sen. Sarah Eckhardt (D) told the Senate on Tuesday.

“We should be doing our job rather than micromanaging theirs.”

But the bill’s Senate sponsor, state Sen. Brandon Creighton (R), said it was necessary to protect “job creators” from “cities and counties acting as lawmakers outside of their jurisdiction.”

Both the legislation’s sponsors and the principal trade group that backed it — the National Federation of Independent Businesses (NFIB) — have argued local regulation poses an existential threat to Texas businesses.

“As prices escalate, property taxes increase, and workers remain in short supply, small business owners are continuing to struggle in this economic environment,” said Annie Spilman, state director of the NFIB, in a statement earlier this month. “Arduous local ordinances, no matter how well-intended, exacerbate these challenges.”

The NFIB’s solution to that problem: one set of rules governing business across the state, which it says will cut costs by preventing the “patchwork” of local and county regulations that govern Texas’s sprawling cities.

While the NFIB and the legislation are officially nonpartisan, support for the bill has been overwhelmingly Republican.

The bill passed the state Senate 18-13 on a nearly party-line vote after passing the House in April with the votes of just eight out of 65 Democrats.

If enacted, the legislation would have a wide reach, banning — technically “preempting” — broad swaths of the state code.

It would nullify many existing ordinances, like Austin and Dallas’s heat protections for construction workers.

It would also ban new restrictions on payday lending or puppy mills, although — after a long fight — existing city laws will be preserved.

Urban advocates say other specific local laws without state or federal analogs — like an Austin law banning discrimination based on hair texture or style — would also likely be struck down.

The bill failed to pass in the 2019 or 2021 sessions — in part because it was seen as too broad, Austin City Councilor Ryan Alter told The Hill.

But with every failed passage, Alter said, “The bill has only gotten broader.”

Alter listed the state preemption of the Property and Business and Commerce codes as two domains that would lead to unforeseen consequences for cities.

“We do a lot of things as the city as relates to property, land use and issues concerning land, and we make a lot of decisions that impact business and commerce,” Alter added.

The bill also preempts city and county ordinances relating to the Agriculture Code, Finance Code, Insurance Code, Labor Code, Natural Resources Code and Occupations Code.

One worry among the legislation’s opponents is procedural.

The state legislature only meets every two years, making each session a logjam of potential bills, most of which never go anywhere. In 2022, for example, the Legislature passed about 38 percent of the nearly 10,000 bills introduced.

That low frequency of meetings and state-level focus make the Legislature a body opponents argue is ill-suited to managing the day-to-day affairs of cities.

Under the new law, “cities and counties across Texas will have to rely on the state’s part-time Legislature, which meets for only 140 days every two years, to address various issues and problems of local concern,” Adrian Shelley, Texas director for public interest advocacy group Public Citizen, said in a statement.

Spilman of the NFIB has argued the law was necessary to rein in out-of-control municipal governments.

The long campaign for the legislation that became H.B. 2127 began in 2018, when Dallas, Austin and San Antonio passed ordinances requiring employers to offer paid sick leave.

Those laws were later shot down by state and federal courts as a violation of state bans on raising the minimum wage above the federal standard.

But the ordinances would have given city governments subpoena power to investigate potential violations — powers which worried the NFIB, Spilman said in an April statement.

“I just don’t know why a city ordinance would have something in there like that. That’s very frightening to a small business owner, with no compliance officers.”

The need for the legislation was urgent, she added at the time. “You go another two years without this protection — we just don’t know what cities might propose next.”

Opponents, meanwhile, argue the bill would present challenges to businesses because its scope is so broad as to make it impossible to say how far it will reach.

“If there is one thing businesses hate it is uncertainty,” Houston city attorney Collyn Peddie wrote in an April statement.

“Because 2127 barely attempts to define the fields that it purports to preempt, [self-governing] cities will not know what laws to enforce and, more important, businesses will not know what laws to obey,” Peddie continued.

Another source of concern for bill opponents is the method of enforcement, which — as in the case of the state’s “bounty” abortion ban — would occur through lawsuits.

The bill would authorize “any person who has sustained an injury in fact, actual or treated” to sue cities and counties for passing ordinances in areas now officially under the domain of the state.

Winners of such suits would get damages and attorney’s fees covered.

Whenever cities pass big ordinances, “people get clever in their lawsuits to challenge anything they don’t like,” said Alter, the Austin councilor.

“And because the bill is so broad there are a lot of opportunities for people to poke holes in any bills the city passes.”

The NFIB’s position is that the newly preempted powers aren’t being taken away from cities: They’re ones the cities never had to start with, as Spilman explained to The Hill.

The legislation’s GOP sponsors agree. “It’s a ‘stay in your lane’ bill,” Rep. Dustin Burrows (R) said at a February event hosted by the NFIB. “If you’re a city, do your core functions. If you’re a county, do your core functions.”

Burrows has dismissed critics of the bill as “taxpayer-funded lobbyists” who he told the Texas Tribune in March were “out in full force trying to undermine this effort.”

In those remarks, Burrows took a tack familiar from statehouse Republican messaging nationwide.

Groups opposing the bills, he added, “are beholden to special interest groups who cannot get their liberal agenda through at the statehouse, so they go to city halls across the State, creating a patchwork of unnecessary and anti-business ordinances.”

But bill opponents argued that local laws are a patchwork because local conditions are, too.

“Lawmakers who voted for this must explain to their constituents why they gave away local authority to lawmakers hundreds of miles away in Austin who may have never even set foot in their community,” said Adrian Shelley, Texas director of advocacy group Public Citizen.

Eckhardt, the state senator from Bastrop, argued the legislation “obliterates the local balancing of interests that creates the distinct local flavor from Lubbock to Houston, Laredo to Texarkana.”

Bills like House Bill 2127 “excuse the Texas legislature from leading,” she added.

“We are wasting our precious 140 days — when we could be doing statewide health, education, justice and prosperity policies — barging into bedrooms, locker rooms, boardrooms examining rooms and now city council meetings.”