NATIONAL EMERGENCY
COVID-19
WHAT YOU NEED TO KNOW
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From The President’s Desk
NATIONAL EMERGENCY
From The President’s Desk
“I’m officially declaring a national emergency… We will defeat this threat. When America is tested, America rises to the occasion.”
From The President’s Desk
COVID-19 Timeline
- Dec 31, 2019: World Health Org. (WHO) informed of pneumonia-like coronavius in Wuhan, China
- Jan. 21, 2020: 1st U.S. case confirmed
- Jan 30, 2020: WHO declared it a global “public health emergency“
- Feb 29, 2020: 1st U.S. death confirmed
- March 11, 2020: WHO characterized it as a “pandemic“
- March 13, 2020: Pres. Trump declared it a “national emergency“
From The President’s Desk
Three Effects Of The Emergency Declaration
- Access to up to $50B in federal money to aid communities affected by the outbreak.
- Activates FEMA. For example: FEMA can disperse aid (tests, medicine, food, supplies) to states & localities.
- Provides more flexibility by waiving licensing laws so healthcare workers can provide care across state lines or “telehealth” (provide care remotely).
From The President’s Desk
“These kind of things generally run out in a few months. Hopefully, we’ll make it several weeks — eight, nine, whatever weeks. But I can’t give you a number because it depends on how successful we are.”
From The President's Desk
MORE MONEY: Last week, Pres. Trump signed a $8.3 billion emergency funding bill to combat COVID-19, but that money will soon run out. Congress is *reportedly* on the verge of agreeing to another federal stimulus package.
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From The President’s Desk
President Trump Declares Border Emergency
“Ita s very simple: We want to stop drugs from coming into our country.A We want to stop criminals and gangs from coming into our country.”
From The President’s Desk
Declaration: The Basics
- Plan: Take billions of dollars Congress already allocated to different departments (such as military-construction) & “re-assign” it for border security.
- It would add approx. $6B for 200+ miles of border wall *in addition to* the approx. $1.4B (50+ miles) Congress approved.
Can He Do It?
From The President’s Desk
Some Say He Can:
“This is authority given to the president in law already. It’s not as if he just didn’t get what he wanted so he’s waving a magic wand and taking a bunch of money.”
From The President’s Desk
Some Say He Can’t
“This is plainly a power grab by a disappointed president, who has gone outside the bounds of the law to try to get what he failed to achieve in the constitutional legislative process.”
From The President’s Desk
Past nat’l emergency declarations incl. sanctions and/or $$ for emergency disasters
(natural & man-made) such as:
- President Bush: 2 declarations after 9/11 related to terrorism (continued to this day).
- President Obama: swine flu outbreak 2009.
- President Trump: sanctions “in event” of election interference.
From The President's Desk
Advocacy groups, landowners, state governments & beyond can legally challenge Pres. Trump's declaration. Federal law doesna t define an emergency. The President can declare it but Congress can terminate it. Bottom Line: This ain't over folks.
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From The President’s Desk
President Trump’s Argument To The People
3 Highlights from the President’s first Oval Office Address.
“This is a humanitarian crisis — a crisis of the heart and a crisis of the soul.”
Dems Disagree
From The President’s Desk
Clarified Concession
Border wall doesn’t have to be a wall at all.
“…law enforcement professionals have requested $5.7 billion for a physical barrier. At the request of Democrats, it will be a steel barrier rather than a concrete wall.”
From The President’s Desk
Addresses Critics
Democrats have often said a border wall is “immoral” and “ineffective.”
“… why do wealthy politicians build walls, fences, and gates around their homes? They dona t build walls because they hate the people on the outside, but because they love the people on the inside.”
From The President’s Desk
Not Just a Wall
Pres. says Dept. of Homeland Security made request for funding.
“cutting-edge technology for detecting drugs, weapons, illegal contraband and many other things. We have requested more agents, immigration judges, and bed space… Our plan also contains an urgent request for humanitarian assistance and medical support.”
From The President’s Desk
DEMOCRAT RESPONSE
“This president just used the backdrop of the Oval Office to manufacture a crisis, stoke fear and divert attention from the turmoil in his administration.”
From The President's Desk
The President invited congressional leadership to the White House Wednesday for further negotiations to end of the gov't shutdown, now officially the second longest in history. Dems want POTUS to divorce the issue of border security from gov't funding.
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From The President’s Desk
Border Emergency?
“I can do it if I want… We can call a national emergency and build it very quickly.”
A president can declare a national emergency – EVERY president since 1976 has done so –A *BUT* may President Trump do so in order to fund a border wall?
What To Know
From The President’s Desk
The 1976 National Emergencies Act allows a president to declare an emergency in order to, among other things:
- take property & commodities
- limit travel & prohibit trade
- invoke martial law & send troops
The Act does NOT define “national emergency.”A The president must use existing laws to do so.
From The President’s Desk
Presidential Power Limits
- The president must identify an existing law to invoke the emergency power (example: use the legal definition of an “immigration emergency” to make his case).
- Emergencies expire after one year UNLESS renewed.
- Emergency can be rescinded any time via a joint resolution passed by both houses of Congress.
From The President's Desk
BOTTOM LINE: Yes, it is within President Trump's legal authority to declare a national emergency without Congressional approval, *HOWEVER* if he does so in order to build a border wall, he is all but guaranteed to face a legal challenge.
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From The President’s Desk
“We Won”
a We have defeated ISIS in Syria, my only reason for being there during the Trump Presidency.a
With one tweet, the President ignites a firestorm about whether the U.S. will completely withdraw from Syria.
As of today, we don’t know when…or how…but here’s why it matters.
From The President’s Desk
HOW MANY TROOPS?
- Est. 2,000 U.S. troopsA serve mainly as “advisers” to different groups fighting ISIS. For context: est. 5,000 U.S. troops remain “next door” in Iraq; est. 15,000 serve in Afghanistan.
- The White House says troops will begin to return home, but the U.S. remains committed to the mission against ISIS and will “transition to the next phase of the campaign.”
From The President’s Desk
WHY LEAVE?
ISIS lost territory:A Dept. of Defense estimates 90% of ISIS captured territory is now reclaimed.
ISIS lost leverage: Areas once held by ISIS, like strategic cities like Raqqa, are now free from ISIS control.
Money: Pres. Trump has repeatedly said America has wasted money in the Middle East and he wants to reinvest elsewhere.
From The President’s Desk
WHY STAY?
- Defense Dept reportsA 14,000+ ISIS fighters remain in Syria, but also says number is in flux.
- In April, the Special Ops Gen. called Syria a the most aggressive electronic warfare environment on the planet” (Syria/Russia jam American aircraft).
- Withdrawing U.S. troops may embolden anti-American actors: Russia & Iran.
From The President’s Desk
BIG PICTURE
a The biggest winners in this are ISIS and Iran.a
From The President's Desk
The last American soldier killed in Syria died in a roadside bomb attack back in March - the same month the President said the U.S. would leave Syria "very soon." A total of 4 American soldiers have reportedly died in Syria since 2014.
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From The President’s Desk
Tightening the Border
U.S. asylum applications are up 200% in 5 years – theA highest level in 2 decades.
Now, as a caravan of immigrants makes its way through Mexico toward the U.S., the Trump Administration has a new plan.
BUT IS IT LEGAL?
From The President’s Desk
Crossings Crackdown
- WHAT: Immigrants who cross the border illegally will be stripped of their eligibility to receive asylum in the U.S., according to new rules.
- WHY: To discourage asylum seekers from attempting to enter the U.S.
- HOW:A President Trump is expected to announce it Friday, invoking extraordinary national security powers.
From The President’s Desk
Why It Matters
- Currently under federal law, immigrants are able to apply for asylum no matter if they cross legally – or illegally.
- U.S. has backlog of more than 300K cases pending in immigration court, only 20% of applicants are approved.
- Asylum seekers used to waitA 60 days for a hearing, but now itA can takeA 2-5 years
From The President’s Desk
“Our asylum system is overwhelmed with too many meritless asylum claims from aliens who place a tremendous burden on our resources, preventing us from being able to expeditiously grant asylum to those who truly deserve it.”
From The President’s Desk
a U.S. law specifically allows individuals to apply for asylum whether or not they are at a port of entry. It is illegal to circumvent that by agency or presidential decree.”
From The President's Desk
The caravan of several thousand people is still hundreds of miles from the border near Mexico City. El Salvador, Guatemala and Honduras are among the top countries for asylum seekers in U.S. - the most applicants approved come from China.
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From The President’s Desk
RUNNING ON CORN
When you fill up the tank, chances are 10% of your gasoline is corn-based ethanolA … President Trump now wants to make it 15%.
So what’s the big deal?
Lend us your ear
From The President’s Desk
About Pres. Trump’s Plan:
- Backstory: Different blends of fuel are used in different seasons. One blend: E15 (15% ethanol, 85% gas) is banned in the summer due to smog concerns.
- On Tuesday, while in Iowa (corn country),A Pres. Trump said he’ll lift ban & allow E15 year-round to reduce U.S. dependence on foreign oil and help U.S. corn farmers hurt by Chinese tariffs.
From The President’s Desk
Why It Matters:
- May both save you money & damage your car.
- E15 only approved for light-duty cars &A those made after 2001.
- Oil industry & automakers oppose E15 because it may damage engines & fuel systems in older vehicles in unaware consumers.
- Renewable Fuels Assoc (ethanol lobbyist) says year-round E15 will save drivers $80/year.
From The President’s Desk
Bigger Picture
Unclear if U.S. is ready for E15. Gas producers don’t want to be liable for damage to cars & some states don’t have infrastructure (underground gas tanks, etc) for E15.
But ‘Renewable Fuels Standard’, which was created in 2005, requires oil companies to add 36B gallons of ethanol to gas supplies by 2022 (only 12B gals used now).
From The President's Desk
An E15 mandate may open up sales year-round, but that doesn't necessarily mean consumers will buy it. Gas stations now advertise "ethanol-free" gas to improve fuel economy, others drivers say they believe it extends the life of their vehicle.
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From The President’s Desk
Small Words: Big Meaning
“Not Good.”
The President used this phrase twice in his speech at the UN General Assembly.
When he used it and why it matters.
From The President’s Desk
“The Iranian people are rightly outraged that their leaders have embezzled billions of dollars from Irana s treasury, seized valuable portions of the economy, and looted the peoplea s religious endowments, all to line their own pockets and send their proxies to wage war. Not good.”
From The President’s Desk
What To Know:
- Pres. Trump hitting a hot button issue in Iran: struggling economy.
- High unemployment, falling currency & major drought.
- Iran invested heavily in Syria, Iraq & Yemen to advance interests.
- Nationwide protests organized to challenge Iranian leadership.
- More U.S. sanctions to come = more potential internal strife in Iran.
From The President’s Desk
“OPEC and OPEC nations, are, as usual, ripping off the rest of the world, and I dona t like it. Nobody should like it. We defend many of these nations for nothing, and then they take advantage of us by giving us high oil prices. Not good.“
From The President’s Desk
What To Know:
- OPEC = Organization of the Petroleum Exporting Countries.
- Members like Saudi Arabia & Russia supply nearly 50% of total world’s oil supply.
- OPEC “stabilizes” oil markets by agreeing to certain production output; that supply impacts price.
- Pres. Trump wants OPEC to keep oil supply up, so prices stay down. OPEC may not agree.
From The President’s Desk
Connecting The Dots
- Iran is part of OPEC.
- Expected U.S. sanctions will prevent some Iranian oil from hitting the market.
- Less global supply = potentially higher oil prices.
- Higher oil prices may impact U.S. economy. This is why Pres. Trump wants OPEC to ramp up production, in part, to cover U.S.-imposed loss of Iranian oil.
From The President's Desk
The President began his UN speech speaking about the American economy, stating "America is governed by Americans. We reject the ideology of globalism, and we embrace the doctrine of patriotism."
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From The President’s Desk
“NO COLLUSION – RIGGED WITCH HUNT!”
What *exactly* can the special counsel investigate?
From The President’s Desk
WHAT IS A SPECIAL COUNSEL?
An independent prosecutor appointed by the Department of Justice to lead an investigation separate from the usual chain of command.
From The President’s Desk
BACKSTORY:
In March 2017, Attorney General Jeff Sessions recused himself from investigations related to the 2016 presidential campaign.
In May 2017, the Deputy Attorney General appointed Robert Mueller, the former FBI Director (2001 – 2013), as Special Counsel to oversee the Trump-Russia investigation.
From The President’s Desk
The Order Appointing Mueller As Special Counsel Allows Investigation Into Any:
- links / coordination between the Russian gov’t and 2016 Trump campaign associates;
- matters that arise directly from the investigation; &
- crimes intended to interfere with the investigation.
From The President’s Desk
“I did not want Paul Manafort to be guilty, but he was …. the charges were legitimate, but the prosecution tried to make the case about the Russian collusion ….. I think that they used Manafort to try to get the dirt on Trump.”
From The President's Desk
Since the Special Counsel's investigation began in May 2017, 26 Russian nationals, 4 former Trump aides, 1 California man and 1 Dutch lawyer have been charged. The case against Michael Cohen reportedly arose at of a referral from the Special Counsel.
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From The President’s Desk
WHO KEEPS OUR NATION’S TOP SECRETS?
4+ million Americans have security clearances.
President Trump revoked 1.
Why some say stripping former CIA Dir. John Brennan of his clearance is an attack on free speech, while others say it had to be done.
BIGGER PICTURE
From The President’s Desk
Who Keeps Clearance?
- Who: Former federal employees who had on the job security clearances.
- Why: In case a need arises when he or she can be of use to the current administration.
- How long: Clearance continues (with periodic reviews) as long as person avoids sharing classified info, getting into debt, & traveling to certain parts of the world, etc.
From The President’s Desk
Bigger Picture:
- Current *Security Clearance* system deemed “high risk” by gov’t watchdog.
- Too many people have security clearances (est. 1.4M at “top secret” level) & continual reviews of their eligibility are inconsistent.
- Evaluations take too long. More than 700,000 people waiting for security clearance, according to most recent estimates.
From The President’s Desk
Why Revoke Brennan?
“Mr. Brennan has recently leveraged his status as a former high-ranking official with access to highly sensitive information to make a series of unfounded and outrageous allegations a wild outbursts on the Internet and television a about this administration.
From The President’s Desk
John Brennan’s Response:
Click: His Criticism“This action is part of a broader effort by Mr. Trump to suppress freedom of speech & punish critics.A It should gravely worry all Americans, including intelligence professionals, about the cost of speaking out. My principles are worth far more than clearances. I will not relent.”
From The President's Desk
The topic of revoking security clearances came up several weeks ago when some, like Brennan criticized the President's meeting with Vladimir Putin. Is Brennan sowing "division & chaos" or exercising free speech? Does social media change the equation?
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From The President’s Desk
Pres. Trump’s Pick for the Supreme Court:
JUDGE BRETT KAVANAUGH
Pres. Trump nominated Justice Anthony Kennedy’s former law clerk to fill his seat.
From The President’s Desk
Brett Kavanaugh: The Man
- 53-year-old Catholic
- Lead author of the a Starr Reporta , which led to the impeachment of Pres. Bill Clinton
- Part of the legal team that helped George W. Bush secure the White House in 2000
- Met his wife at the White House one day before 9/11 when was associateA counsel for Pres. Bush
- Ran the Boston Marathon twice
From The President’s Desk
Kavanaugh: The Jurist
- “Washington insider” with strong conservative credentials
- Served as a judge for 12 years on the DC Circuit Court of Appeals
- Authored over 300 opinions, including a ruling against the Affordable Care Act on the basis of religious liberty
- Hired by Obama nominee & “liberal” Justice Elena Kagan to teach at Harvard Law School
From The President’s Desk
CRITICS
Good Example of What’s To Come
During the 2006 confirmation hearing following his appointment to the D.C. Circuit of Appeals, Sen. Schumer grilled Kavanaugh over his involvement in Pres. Clinton’s impeachment and his take on Roe v. Wade.
From The President’s Desk
So Now What?
Republicans control the Senate by a 50-49 majority due to Sen. John McCain’s prolonged absence, limiting the impact of any efforts by the Democrats to thwart Trumpa s nominee.
From The President's Desk
Kavanaugh served as a law clerk for Justice Kennedy alongside Pres. Trump's 2017 Supreme Court nominee Neil Gorsuch. Justice Kennedy was appointed by a republican president (Reagan) but was the court's "swing" vote not wedded to one ideology.
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From The President’s Desk
Executive Order
“Keep Families Together”
The President takes action on immigration as lawmakers struggle to find compromise. But even as Pres. Trump signed the order, he predicted a legal battle ahead – a similarA battle confronted by the Obama Admin.
FLIP FOR DETAILS
From The President’s Desk
What We Know:
- Trumpa s exec order will notA change a zero tolerancea policy – govt will charge all who cross the border illegally.
- However, itA ends separations byA keeping families together in detention centers, run with the help of Dept of Defense.
- It does leave roomA to separate children from family, but only if ita s in the child’s best interests.
From The President’s Desk
Legal Trouble Ahead?
- A A 1997 court order & related decisions said immigrantsA under 18A cannot be detained for longer than 20 days.
- Trump’s executive order isA written ordering AG Sessions to go before a federal judge to “modify” this agreement to allow more time for “criminal proceedings.”
- TBD what L.A.-based Federal Judge Dolly Gee will rule.
From The President’s Desk
Past As Precedent?
“A federal judge, Dolly M. Gee, scuttled the Obama teama s efforts to jail families together in 2015 when she ruled that doing so violated the agreement and said migrant children couldna t be held more than 20 days.”
From The President's Desk
The President's Executive Order doesna t change the status of children already separated. Thata s TBD.
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