federal law

Trump exploiting 'massive escape hatch' in federal law to pay himself $230M: legal expert

Legal commentator Mark Joseph Stern said Friday President Donald Trump is attempting to use a broad and rarely effective provision of federal law – the Federal Tort Claims Act (FTCA) – as a mechanism to extract nearly $230 million from the Department of Justice, (DOJ) essentially paying himself through the taxpayer-funded coffers of the U.S. government.

During a podcast on Slate, Stern noted that Trump is filing a claim under the FTCA, arguing that investigations conducted by the DOJ violated his rights under Florida tort law – specifically rights against “intrusion upon seclusion” and “malicious prosecution."

Under Trump's theory, the government (via the DOJ) must compensate him for those alleged violations. Stern called the move “astonishingly audacious,” and warned that it seeks to turn the FTCA’s intent on its head.

The FTCA was designed to allow victims of certain tortious misconduct by federal employees to recover damages from the government when the government would be liable if it were a private person. But as Stern emphasised, the statute contains a “massive escape hatch” known as the discretionary-function exception: liability is barred for claims “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty of a federal agency or an employee thereof, whether or not the discretion involved be abused.”

Stern argued that Trump’s case is almost certainly blocked by that exception.

Investigations and prosecutions by the DOJ are quintessentially discretionary functions – policy-based decisions by federal actors in their enforcement roles.

Stern said that while there are narrow situations where the exception might not apply (for example, when a specific statute or regulation mandates a particular action), here the claim is rooted in a sprawling investigatory decision, which falls squarely within what the exception shields.

The commentator contended that Trump is seeking to “monetize” his own legal exposure by treating the DOJ’s investigative decisions – decisions that are classic hallmarks of discretionary governmental action — as if they were negligent torts ripe for compensation.

Democrats Say EPA Chief Pruitt Admitted to Breaking Law in Senate Hearing

Scandal-ridden Environmental Protection Agency (EPA) Administrator Scott Pruitt faced his third congressional hearing in less than a month Wednesday, admitting to an act that Democrats say broke federal law, The New York Times reported.

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'Gasland' Families Win $4.24M Victory Against Fracking Firm

A federal jury ruled Thursday that Cabot Oil & Gas Co. must pay more than $4.2 million in damages to two families in northeastern Pennsylvania that claimed the company's fracking operations contaminated their groundwater.
"This has been an exhausting 6-1/2 years," Scott Ely, resident of Dimock where the contamination took place said after the verdict, according to Reuters.
He said Cabot fought hard and "boxed them in," limiting the evidence his pro bono attorney, Leslie Lewis, could introduce or what Ely could say in testimony.
"They are an arrogant company that bullies their way to what they want," Ely said. "If they had just done the right thing, it would have been so much easier for them."
Six jurors in federal court in Scranton city awarded $1.3 million each to Ely and his wife Monica Marta-Ely. Each of their three children received $50,000.
A second couple, Ray and Victoria Hubert, also of Dimock, about 32 miles south of Binghamton, New York, each received US$720,000 and their daughter Hope was awarded US$50,000.
Cabot spokesperson George Stark said the company was surprised by the verdict and again asserted there was no evidence linking contamination of the Ely and Hubert wells to their fracking operations.
"Cabot will be filing motions with the court to set the verdict aside based on the lack of evidence as well as conduct of the plaintiff's counsel calculated to deprive Cabot of a fair trial," he said.
The town’s plight became known worldwide after being featured in an Emmy-winning 2010 documentary, “Gasland,” which showed local residents lighting their tap water on fire because of the high amount of methane it contained.
More than 40 families had sued Cabot and the majority of them settled with the company in 2012.
The families claimed the water was contaminated with methane gas after the company began using the process of hydraulic fracturing, or fracking, to extract gas from underground shale formations near Dimock in 2008.

WATCH: United States: Fracking Continues Unabated

Libertarians Go After So-Called 'Vagina Voters': Which Body Part Are They Thinking With?

From polls, libertarians are known to be a fairly homogenous group that skews white, male, young, affluent (i.e. college-educated), and has a reputation for somwhat less than enthusiastic gender-inclusion. Far more identify with the Republican party (43 percent) than the Democratic party (5 percent). Is it surprising that they get anxious on the subject of people with vaginas who vote for liberal/progressive candidates?

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Money-driven Politics is Strangling Democracy

Primary elections originated in the American progressive movement and were intended to take the power of candidate nomination away from party leaders and deliver it to the people. California’s Top Two Primary takes power away from third parties representing the 99% and delivers it to the 1%.

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How a Bad-ass California Mayor is Taking on Big Banks

In a nearly $13 billion settlement with the US Justice Department in November 2013, JPMorgan Chase admitted that it, along with every other large US bank, had engaged in mortgage fraud as a routine business practice, sowing the seeds of the mortgage meltdown. JPMorgan and other megabanks have now been caught in over a dozen major frauds, including LIBOR-rigging and bid-rigging; yet no prominent banker has gone to jail. Meanwhile, nearly a quarter of all mortgages nationally remain underwater (meaning the balance owed exceeds the current value of the home), sapping homeowners’ budgets, the housing market and the economy. Since the banks, the courts and the federal government have failed to give adequate relief to homeowners, some cities are taking matters into their own hands.

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Obama Teams Up with Big Business to Push Through Horrible Secret Trade Deal

With the New Year the corporate lobbyists and the Obama administration are stepping up their drive for passage of the Trans-Pacific Partnership (TPP), the new trade deal being negotiated in secret by the United States and eleven countries in the Pacific region. The key at the moment is Congressional approval of fast-track authority. This would give any agreement a straight up or down vote on an accelerated timetable.

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Boeing is a Greedy, Freeloading Corporation That Screws American Taxpayers and Workers

Boeing is America's Most Wanted Corporation in two senses. First, now that the Machinists' union in Washington state has refused the company's contract demands, it is shopping production (h/t Pacific Northwest Inlander) of the 777x aircraft nationwide and lots of states are making offers for it. Second, it is emblematic of everything the 1% is doing to destroy the middle class: despite being highly profitable, it pays virtually no taxes; it accepts billions of dollars in government subsidies; it is trying to eliminate pensions and cut salaries for its highly skilled workforce; and it is trying to move production away from its unionized workforce, something it has already accomplished in part.

The first part of the story is nauseating enough. With Boeing already threatening to leave its home in Washington state if it didn't get what it wanted from both the state and the union, Democratic governor Jay Inslee called a special session of the state legislature that took three days to approve subsidies for Boeing. The incentive package is the largest ever in U.S. history for a single company, according to Greg LeRoy of Good Jobs First, an astounding $8.7 billion over 16 years (2025-2040). By my own back-of-the-envelope calculations, this looks to be the largest-ever U.S. subsidy on a present value basis as well as in nominal terms.

By the way, this represents a huge jump from Boeing's current tax break package for the 787 Dreamliner, passed in 2003, which was $160 million a year for 20 years ($2.0 billion in present value, by my calculations). Under the new package, this would more than triple to $543 million annually.

Also of note, the World Trade Organization ruled that the 2003 subsidies are illegal under WTO rules, a finding that was upheld by the WTO's Appellate Body in April 2012. While the U.S. government has eliminated some of the illegal subsidies provided by NASA and the Defense Department, the state and local subsidies found to be in violation of the WTO's Agreement on Subsidies and Countervailing Measures have not been eliminated. As noted in the last source, the European Union was seeking permission from the WTO to apply $12 billion worth of sanctions on U.S. exports. The EU will certainly file a new complaint against whatever state and local subsidies Boeing ultimately receives for the 777x, and on the basis of the last case there is every reason to think the EU would again prevail.

But just days after the legislature approved the subsidy, the union rejected the proposed contract by a 2-1 margin. Though the company described it as a "contract extension," there were major changes involved, including replacing the defined benefit pension with a 401(k) (continuing an economy-wide trend contributing to the coming middle-class retirement crisis), increased health care costs for employees, a lower wage structure for new hires, and smaller raises than in the current contract, all in exchange for a one-time bonus of $10,000 for current workers.

After the contract offer rejection, Boeing announced that it would entertain offers from 15 states that might be interested, including Washington state. The proposals were due in less than a month, with the company imposing a December 10 deadline on prospective suitors. As Good Jobs First reported in its January 2013 publication, The Job-Creation Shell Game, we see a two-sided use of the corporate mobility conferred by a location decision to (as I like to describe it) extract economic rents (superprofits) from governments: Job blackmail directed at Washington state and the Machinists' union; combined with an offer to the other 14 states to engage in job piracy by subsidizing the firm's potential relocation. This is an exercise in raw corporate power.

And to what end? We have already seen the details on how Boeing wants to terminate true pensions, reduce other worker benefits, and create a two-tier employment structure. As Greg LeRoy highlights in a recent post, Citizens for Tax Justice has shown that over the decade 2003-2012, Boeing made $35 billion in pre-tax U.S. profits, yet paid negative tax to Washington state of $96 million and a whopping $1.8 billion in federal income tax refunds over that same period! To put the new deal in perspective, LeRoy points out that should it eventually be approved, the $543 million annual subsidy would be "more than twice what the state provides to the University of Washington." So not only are the labor provisions a direct assault on middle class living standards and retirement security, the opportunity cost of the deal will no doubt further imperil public education in Washington at all levels, undermining one of the very factors that gives the state a trained workforce that is attractive to employers in the first place.

Boeing has already shown its willingness to move work away from Washington state, when it built a  787 Dreamliner assembly line in South Carolina despite the billions in subsidies it received from Washington. However, the South Carolina site has been plagued with production problems, which some see as strengthening the bargaining position of the Machinists in Washington.

Personally, I tend to believe that the Machinists do have a strong negotiating position. It is hard to imagine other states coming up with some 20,000 highly skilled workers to take on the job. While I think it is possible that part of the production could be moved away from Washington state, for instance the wing assembly only, I think the company will have to leave most of the work in Washington. Moreover, Boeing only gets the $8.7 billion in tax breaks if it produces the entire project there. Missouri, by contrast, has only offered $1.7 billion in subsidies to attract the facility, which I consider to be unlikely to be successful because Boeing workers in St. Louis are also Machinist union members. But really, there is no way to tell for sure whether the company's desire to weaken the union will overwhelm what looks like a compelling case for staying in Washington.

We do know, however, that Boeing is displaying everything that is wrong with corporate America today. As I wrote recently, there needs to be a federal law against states providing subsidies to move existing jobs out of another state. Banning job piracy would also weaken companies' ability to engage in job blackmail by reducing the economic viability of actually relocating to another state. With Boeing's auction sure to set a new standard in the annals of job blackmail, the sooner we can get action on relocation subsidies, the better.

Is Homeland Security Preparing for the Next Wall Street Collapse?

Reports are that the Department of Homeland Security (DHS) is engaged in a massive, covert military buildup. An article in the Associated Press in February confirmed an open purchase order by DHS for 1.6 billion rounds of ammunition. According to an op-ed in Forbes, that’s enough to sustain an Iraq-sized war for over twenty years. DHS has also acquired heavily armored tanks, which have been seen roaming the streets. Evidently somebody in government is expecting some serious civil unrest. The question is, why?

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Outrageous! DEA Agents Raid Legal Marijuana Dispensaries in Washington State with Guns Drawn

In an act that tempts one to ask, "What were you smoking?", the Drug Enforcement Administration has confirmed that it participated in a series of raids on medical marijuana dispensaries in the Seattle, Washington area—doing so even though Washington state has decriminalized the drug for over a year.

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