US onAir- 1/24/22

US onAir- 1/24/22

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As many as 8,500 US troops have been put on heightened alert for a possible deployment to Eastern Europe as Russian troops mass on Ukraine’s border, Pentagon spokesman John Kirby said Monday.

US Secretary of Defense Lloyd Austin issued the prepare to deploy orders at the direction of President Joe Biden, the latest step the US has taken to prepare for a potential Russian invasion of Ukraine that officials have warned could be imminent.

Kirby said that the “bulk of” US troops placed on heightened alert were intended to bolster NATO’s quick response force, but added they would be “postured to be ready for any other contingencies as well.”

As of Monday afternoon, no final decision to deploy the troops had been made, Kirby emphasized.

Are the legal walls closing in on Donald Trump?
The Hill, Kimberly WehleJanuary 24, 2022

As the legal walls close in on Donald Trump, the Supreme Court’s Jan. 19 order rejecting his bid to keep secret a trove of official documents related to Jan. 6, 2021 despite President Joe Biden’s waiver of executive privilege bodes poorly for the former president.

Trump asked the court for an emergency stay preventing disclosure of White House records to the House Select Committee on the January 6 Attack. Trump roundly lost the case in the lower courts, which rejected his claims “under any of the tests [he] advocated,” without regard to his status as president. In an unsigned decision, the Supreme Court sided with the U.S. Court of Appeals for the D.C. Circuit, as it had “concluded that President Trump’s claims would have failed even if he were the incumbent.” Translated, the Supreme Court did not even bother with Trump’s argument that a former president can compete with a sitting president when it comes to the assertion of executive privilege.

This outcome is much like when President Richard Nixon failed to persuade the court to keep the Watergate tapes secret on executive privilege grounds (it held in 1974 that the president does not have absolute, unqualified immunity from subpoenas under executive privilege). The modern Court signaled that Congress might have gotten the Jan. 6 documents even if Trump were still the president today.

PBS NewsHour live episode, Jan. 24, 2022
Associated Press, January 24, 2022 – 6:00 pm (ET)

https://apnews.com/article/college-admissions-race-and-ethnicity-racial-injustice-religion-affirmative-action-5fd79b529db78daee370de22ae17909f

Justices to hear challenge to race in college admissions
Associated Press, Mark ShermanJanuary 24, 2022

The conservative-dominated Supreme Court on Monday agreed to hear a challenge to the consideration of race in college admissions, adding affirmative action to major cases on abortion, guns, religion and COVID-19 already on the agenda.

The court said it will take up lawsuits claiming that Harvard University, a private institution, and the University of North Carolina, a state school, discriminate against Asian American applicants. A decision against the schools could mean the end of affirmative action in college admissions.

Lower courts rejected the challenges, citing more than 40 years of high court rulings that allow colleges and universities to consider race in admissions decisions. But the colleges and universities must do so in a narrowly tailored way to promote diversity.

The court’s most recent pronouncement was in 2016, in a 4-3 decision upholding the admissions program at the University of Texas against a challenge brought by a white woman. But the composition of the court has changed since then, with the addition of three conservative justices who were appointed by then-President Donald Trump.

Two members of that four-justice majority are gone from the court: Justice Ruth Bader Ginsburg died in 2020, and Justice Anthony Kennedy retired in 2018.

VP Harris delivers remarks on removal of lead pipes and new infrastructure law
The Hill, January 24, 2022 – 4:30 pm (ET)
Pentagon press secretary John Kirby holds a news briefing
CNN, January 24, 2022 – 3:00 pm (ET)

https://www.cnn.com/2022/01/24/politics/henry-cuellar-fbi-texas-democrat/index.html

Late last week, the FBI conducted a “court-authorized” searchof Texas Democratic Rep. Henry Cuellar’s home and campaign office.

But, why? That’s the $25,000 question — and one I put to the Houston Chronicle’s Ben Wermund, who has been reporting on the story of late.
Our conversation, conducted via email and lightly edited for flow, is below.
Cillizza: Prior to the FBI coming to Cuellar’s house and campaign HQ last week, did we have any sense that Cuellar was on the radar of the Justice Department?
Wermund: No, the searches last week were seemingly out of nowhere, and everyone I have talked to while reporting on this was surprised by the news.
Cuellar is a big figure in Texas, and in DC. He’s one of the most senior members of the Texas delegation, now in his 17th year in Congress. He has a seat on the powerful House Appropriations Committee and serves as a chief deputy whip, as well.
White House press secretary Jen Psaki holds a news briefing
Politico, January 24, 2022 – 2:00 pm (ET)

https://www.politico.com/news/2022/01/24/capitol-police-social-media-00000948

Capitol Police examines backgrounds, social media feeds of some who meet with lawmakers
Politico, Betsy Woodruff Swan and Daniel LippmanJanuary 24, 2022

After the Jan. 6 insurrection, the Capitol Police’s intelligence unit quietly started scrutinizing the backgrounds of people who meet with lawmakers, according to three people familiar with the matter.

POLITICO also viewed written communications describing the new approach, part of a host of changes that the department implemented after the Capitol attack. Examining the social media feeds of people who aren’t suspected of crimes, however, is a controversial move for law enforcement and intelligence officials given the civil liberties concerns it raises.

Among those who have been subject to new Capitol Police scrutiny are Hill staffers, the three people said. All spoke on condition of anonymity because they were not authorized to discuss the matter.

Rep. Kelly Armstrong (R-N.D.) said in an interview that he is unaware of any members who know about the “very, very bad” practice.

“Whatever they think that sounds like for security, it sounds dangerously close — if not already over the line — to spying on members of Congress, their staff, their constituents and their supporters,” said Armstrong, a former criminal defense attorney.

“Anybody involved with implementing this without making it known to the actual members of Congress should resign or be fired immediately,” he added. “And I’m not big on calling for resignations.”

Sen. Kyrsten Sinema (D-AZ) is facing a series of rebukes from elected Democrats, progressive organizations, and members of her own state party after her refusal last week to support an exception to the filibuster to advance a major voting rights bill.

Sinema, along with Sen. Joe Manchin (D-WV), spurned a Democratic effort to restore the talking filibuster for voting rights legislation in order to pass the Freedom To Vote and John Lewis Voting Rights Advancement acts, and the effort ultimately failed by a vote of 48 to 52 on Wednesday.

Now, however, her vote could cost her politically: Donors and progressive organizations have announced they are pulling their support this week, and Sinema could also face a serious primary challenge in 2024, should she run for reelection to the Senate.

Notably, Emily’s List and NARAL Pro-Choice — both national political organizations focused on electing pro-choice women to political office — withdrew their support for Sinema on Thursday.

“We believe the decision by Sen. Sinema is not only a blow to voting rights and our electoral system but also to the work of all the partners who supported her victory and her constituents who tried to communicate the importance of this bill,” Emily’s List president Laphonza Butler said in a statement Thursday, formally withdrawing the organization’s support for Sinema.

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    The Biden administration’s decision on considering an additional deployment of US forces towards NATO’s eastern flank, in preparation for a potential Russian invasion in Ukraine, is a significant effort pursued by President Biden, the Pentagon, and the State Department over their ability to ensure regional stability both in Ukraine as well as the Western order. Ukraine is a valuable political and military partner to the United States and it is salient for the United States to execute these decisions as part of preserving their regional interests abroad. President Biden’s incentive over increasing military reinforcements in Eastern Europe is an example of the America’s willingness to preserve democracy and the democratic institutions of our nation’s historical ally.

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