Congressional Dish

We knew it was coming, and now it's here: A coup is in progress in Venezuela. In this follow up episode to CD176 (Target Venezuela: Regime Change in Progress), learn additional backstory and details about the recent events in Venezuela, including the proclamation by Juan Guaido that he is now the President of Venezuela and all of the efforts being made by the Trump administration to get this regime change to stick. 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Witnesses: Admiral Craig Fuller - U.S. Southern Command (SOUTHCOM) Commander Sound Clips: 16:10 Fuller While Russia and Cuba and China prop up the Maduro dictatorship, the reminder of the world is united. SOUTHCOM is supporting diplomatic efforts and we are prepared to protect U.S. personal and diplomatic facilities, if necessary. 53:44 Sen. Rick Scott In the Venezuelan military, have you -- have you seen any cracking from the standpoint, what we've been doing over the last -- especially the last two weeks, has any thing changed? Fuller - Certainly, there's been readiness aspects of their military that we watch very closely. It's a degraded force, but it is still a force that remains loyal to Maduro, and that makes it dangerous. We're looking for signs of those cracking, and we can talk in the closed session on some more details in trends we're seeing. 1:00:00 Sen. Tom Cotton (AR) - He said earlier Cuban guards completely surround the Maduro government. Does that mean that Maduro is dependent on the Cuban security and intelligence forces for his continuation in office? Fuller - Senator, I think it's a good sense of where the loyalty of the Venezuelan people are that to his immediate security forces made up of Cubans. Cotton - So the men that surround Maduro, like our Secret Service, are Cubans not Venezuelans. Fuller - That's my understanding and assessment. 1:01:54 Fuller - I would also mention that the presence of China, China has not been helpful in a diplomatic way. I will leave that to the diplomats. China is there and involved in cyber in ways that are absolutely not helpful to the democratic outcome. 1:18:47 Sen Tim Kaine (VA) - If the world wants to see a democracy versus a dictatorship challenge Venezuela is just like the perfect test case for circa 2019, what do democracies care for an what dictatorships care for, Venezuela government of Maduro is supported by Russia, Cuba, and Iran. And they are enabling him to do all kinds of horrible things economically and in violation of human rights. The interim government, which has a constitutional claim in the vacancy of a president, the speaker of the legislative assembly becomes interim president supported by the United States and the EU. You really can see what the difference between democracy and the aspirations of democratic governments and dictatorship and what they care about very clearly int eh Venezuela circumstance now. Here's the reality, we are dealing with regional institutions like the OAS, every nation has one vote. The U.S. has a hard time to get the UA asked firmly come out against the Maduro government because many Caribbean nations still support the Maduro government. They've been bribed to do so with low-price oil. But it's very hard for us to do something like this on our won and when a principal regional institution like the LAS is not completely with us it's hard to put the appropriate pressure on. Interview: Mnuchin says Trump's economic plan is working and 'we're not going back to socialism', CNBC, February 6, 2019. 00:58:37 Steven Mnuchin : I've always watched the stock market a lot. I've been in the investment business since I graduated from Yale and I've tended to watch the stock market every day since then... As the President talked about last night, his economic program is working. We're not going back to socialism. We're going on an economic plan for America that works. 2019 State of the Union Address: Trump appeals for unity to end political gridlock, February 5, 2019. 2019 State of the Union Address: Trump Praises the Venezuela Coup, February 5, 2019. 1:05:28 President Donald Trump - Two weeks ago, the United States officially recognized the legitimate government of Venezuela, and its new interim President, Juan Guaido. We stand with the Venezuelan people in their noble quest for freedom -- and we condemn the brutality of the Maduro regime, whose socialist policies have turned that nation from being the wealthiest in South America into a state of abject poverty and despair. Here, in the United States, we are alarmed by new calls to adopt socialism in our country. America was founded on liberty and independence --- not government coercion, domination, and control. We are born free, and we will stay free. Tonight, we renew our resolve that America will never be a socialist country. Interview: President Trump on "Face the Nation," CBS News, February 3, 2019. 00:42:58 MARGARET BRENNAN: What would make you use the U.S. military in Venezuela? What's the national security interest? PRESIDENT DONALD TRUMP: Well I don't want to say that. But certainly it's something that's on the- it's an option. MARGARET BRENNAN: Would you personally negotiate with Nicolás Maduro to convince him to exit. PRESIDENT DONALD TRUMP: Well he is requested a meeting and I've turned it down because we're very far along in the process. You have a young and energetic gentleman but you have other people within that same group that have been very very - if you talk about democracy - it's really democracy in action. MARGARET BRENNAN: When did he request a meeting? PRESIDENT DONALD TRUMP: We're going to see what happened. A number of months ago he wanted to meet. Interview: National Security Adviser Ambassador John Bolton, interviewed by Hugh Hewitt, Hugh Hewitt Book Club, February 1, 2019. Transcript Sound Clips: 01:20:23 Hugh Hewitt: There are reports of Venezuela shipping gold to the United Arab Emirates. The UAE is a very close ally of ours. Have you asked the UAE to sequester that gold? John Bolton: Let me just say this. We're obviously aware of those reports consistent with what we did on Monday against PDVSA, the state-owned oil monopoly where we imposed crippling sanctions. Steven Mnuchin, the Treasury Secretary, is implementing them as we speak. We're also looking at cutting off other streams of revenue and assets for the Maduro mafia, and that certainly includes gold. And we've already taken some steps to neutralize gold that's been out of the country used as collateral for bank loans. We've frozen, and our friends in Europe, have frozen a substantial amount of that. We want to try and do the same here. We're on top of it. That's really all I can say at the moment. Council Session: Political Situation in Venezuela, Atlantic Council, January 30, 2019. Witnesses: Ed Royce - Former Chairman of the House Foreign Affairs Committee Carlos Alfredo Vecchio - Voluntad Popular Co-Founder, Interim Venezuelan Charge d'Affaires to the U.S. Julio Borges - Former President for the National Assembly of Venezuela David O'Sullivan - European Union Ambassador to the United States Sound Clips: 11:30 Carlos Alfredo Vecchio (via translator): What do we want to do? What is what we are asking the international community to support us with? First, to put an end to the usurpation of power by Nicolas Maduro. We cannot resolve the political and economic and social crisis as long as the dictatorship is in place. And this is something that we have to make clear. That is my priority, is to put an end to that and to help orchestrate international support to put an end to Maduro's dictatorship. 13:30 Carlos Alfredo Vecchio (via translator): Just to make very clear, I mean, from an economic point of view, we believe in an open market, an open economy. We believe in the private sector, we believe in the international and the national sectors, though, often, of course, our main source of revenue is the oil sector. So that would be a key element to recover our country, and we need to open that market. We need to increase our oil production. 39:15 David O'Sullivan: I think we absolutely share the same objective here. The European Union has always believed that the situation in Venezuela is unsustainable. We did not accept the results of the so-called elections last year. We declined collectively to attend the inauguration. And we are wholly supportive of the efforts of the National Assembly and Guaido to restore true democracy and free and fair elections. 48:00 Representative Ed Royce (CA): And a few years ago when the people in Venezuela elected the National Assembly, over two-thirds opposition to Maduro, he doubled down by asking China to bring the ZTE Corporation in and do a social credit system inside Venezuela on the same basis that it's done in China, which means that you now need that card in order to get food or medicine or your pension or your basic services. 48:30 Representative Ed Royce (CA): The fact that this ZTE-type arrangement exists in Venezuela, and now it exists in North Korea, and there's one other country where they have a contract—they're putting it in the Republic of Iran—this represents a new challenge to democracies. 1:15:00 Carlos Alfredo Vecchio: Just to make very clear, I mean, from an economic point of view, we believe in an open market, an open economy. We believe in the private sector, we believe in the international and the national sectors, though, often, of course, our main source of revenue is the oil sector. So that would be a key element to recover our country, and we need to open that market. We need to increase our oil production. 1:23:30 Carlos Alfredo Vecchio: Those agreements that has not been recognized by an international examiner, who has been illegal, we will not recognize illegal agreements. The rest, yes, we will comply with that. And let me send a clear message. For example, the only way that bond holders will not get paid, if Maduro remains in power. Nobody will complain with them. And China has to understand that, and Russia has to understand that. Discussion: Political Situation in Venezuela, Center for Strategic and International Studies (CSIS), January 29, 2019. Witnesses: Gustavo Tarre - George Washington University, CSIS Americas Program member, Designated Venezuelan Ambassador to the Organization of American States (appointed by Juan Guaido William Brownfield - Former US Ambassador to Venezuela, Chile, and Columbia during the George W. Bush administration and Obama administration Michael Matera - Center for Strategic & International Studies, America's Program Director Sound Clips: 3:30 Michael Matera: In what is shaping up to be a very unstable and potentially explosive situation in Venezuela, the leading authoritarian nations of the world have stood by Maduro. Russia, Iran, Turkey, China, and Cuba, among a few others, have stated their continued recognition of Maduro. The future of Venezuela is turning more clearly than ever into a proxy struggle between the authoritarian regimes and the democratic nations. Venezuela could easily become the active front on which this struggle is defined. 8:15 Gustavo Tarre: Not only because his knowledge of Venezuela— Madea Benjamin: Not easy because you are here representing a coup. You are totally illegitimate. Nobody elected Juan Guaido, and nobody legitimate appointed you. You are taking Venezuela down the path of a civil war— Unknown Male Speaker: Excuse me. Excuse me, ma'am. Madea Benjamin: How dare you go to a civil war? What kind of patriot are you that allow yourself to be manipulated— Unknown Male Speaker: Out. Get out. Madea Benjamin: —by Donald Trump, John Bolton, and now Elliott Abrams, the ultra hawk. It is a very dangerous situation. We need negotiations, which is why we should be supporting Mexico and Uruguay in their call for negotiations. You don't follow the coup collaborators, like this man right here. Say no to coup. Unknown Male Speaker: See 'ya. Ambassador— Madea Benjamin: We're in the 21st century. 1:08:50 William Brownfield: What is the Cuban interest? It's 50,000 barrels of oil a day to an energy-starved nation. What is the Chinese approach? It is very much an economic approach, which is to say there are raw materials of great importance to the Chinese economy that are located in Venezuela, and they have a long-term economic interest in having access to them, driven by economics. Russia is more complicated. They do not need oil. They are, in fact, one of the three largest oil producers in the world right now, who produce more than their national need. It is geostrategic politics. I would offer everyone two thoughts—because I have taken this question from excellent representatives of the media over the last week with some frequency—first, don't listen that closely to the words that you hear from the governments of China or Russia. See if they put another billion or two or three billion investment into Venezuela. Money talks, and I have not seen evidence of that, which suggests that they, too, are pausing and taking a look at what happens. And second, if I could be Russia-specific briefly, I would note, and we all realize this, that over the last 10 years or so, Russia annexed the Crimea, and the Western democracies criticized and protested. Russia created two new republics—one in South Ossetia, the other in North Georgia, I believe—and the Western world protested. Russia at least supported, and I would argue actually infiltrated, large numbers of security personnel into the two easternmost provinces of Ukraine, and the Western world criticized. But at the end of the day, geography and history determined the Crimea is still under Russian control, South Ossetia and North Georgia still exist as independent states, and Russian influence is still quite visible in and whatever the other province is called. All right. That is geographic reality. We are now in the Western Hemisphere. If Brazil and Colombia and Argentina and Canada and the United States take a position, those same geographic realities will, in fact, move in the other direction. Of course we must listen to the Russian and Chinese governments—they are two of perhaps the three most important governments in the world—but we're entitled to use our brains as we calculate what they are saying and how we respond to it. 1:16:30 William Brownfield: What if Maduro hangs on yet once again, which by the way, ladies and gentlemen, is not inconceivable; it's happened before. We had not quite this much of a conversation, but in 2017 some sensed that things might be happening, and they did not happen. Is it possible again? Of course, it is. That is why we talk about a strategy, an international community strategy with two elements: one element being focused on the Maduro de _____(00:35) esta, the removal of that government, and that strategic component is not eliminated until someone new has moved into Miraflores Palace; and the second, related but separate element of planning for the day after. Hearing: Hearing to Consider Worldwide Threats, Select Committee on Intelligence, U.S. Senate, January 29, 2019. C-SPAN Report Video Witnesses: Dan Coats - Director of National Intelligence Christopher Wray - FBI Director Gina Haspel - CIA Director Lt. General Robert Ashley - Defense Intelligence Agency (DIA) Director General Paul Nakasone - National Security Agency Director Sound Clips: 1:11:00 Senator Marco Rubio (FL): We know they have openly and repeatedly, at least Maduro has, invited the Russians and Putin to establish either a rotational or a permanent presence somewhere in Venezuela, thereby creating a Russian military presence in the Western Hemisphere. In fact, they flew, about three weeks ago or a month ago, two Russian nuclear-capable bombers into the Caribbean Sea. 1:12:15 Senator Marco Rubio (FL): Is it not in the national interest of the United States of America that the Maduro regime fall and be replaced by a democratic and more responsible government? 1:15:15 Lieutenant General Robert Ashley: The reference you made to the Tu-160 Blackjacks that flew those strategic bombers, third iteration of that—first time was in '08, and then '14, and we've seen it again. As far as presence on the ground, we can talk a little bit more detail in a closed session about where we see Russia and China going with that greater instability. But in the open press, what you've seen thus far really is nothing more than just vocal support that's coming out of Moscow and that's coming out of China as well, but there is relationship there. From the military standpoint in the way of training, lots of Venezuelan officers go to Russia for training, and there's a reciprocal relationship for equipping them as well. 1:16:00 Senator Angus King (ME): In light of Senator Rubio's comments, I'd just like to note of caution, he listed refugee flows, human rights abuses, and corruption. There are lots of countries in the world that meet that description, and our right or responsibility to generate regime change in a situation like that, I think, is a slippery slope. And I have some real caution about what our vital interests are and whether it's our right or responsibility to take action to try to change the government of another sovereign country. That same description would have led us into a much more active involvement in Syria, for example, five or six years ago, other parts of the country. I just wanted to note that. Fox Business Video: John Bolton on Regime Change in Venezuela, Iraqi Christian HRC, Twitter, January 28, 2019. White House Daily Briefing: Trump Administration sanctions against Venezuela's state-owned oil company, January 28, 2019. Speakers: Steve Mnuchin - Treasury Secretary John Bolton - National Security Advisor Sound Clips: 1:26 John Bolton: As you know, on January the 23rd, President Trump officially recognized the president of the Venezuela National Assembly, Juan Guaido, as the interim president of Venezuela. Venezuela's National Assembly invoked Article 233 of the country's constitution to declare Nicolas Maduro illegitimate. This action was a statement that the people of Venezuela have had enough of oppression, corruption, and economic hardship. Since then, 21 other governments in the region and across the world have joined the United States in recognizing Guaido as Venezuela's interim president. 3:53 John Bolton: I reiterate that the United States will hold Venezuelan security forces responsible for the safety of all U.S. diplomatic personnel, the National Assembly, and President Guido. Any violence against these groups would signify a grave assault on the rule of law and will be met with a significant response. 4:24 Steven Mnuchin: Today Treasury took action against Venezuela's state-owned oil company, PDVSA, to help prevent the further diversion of Venezuela's assets by former President Maduro. 5:21 Steven Mnuchin: The path to sanctions relief for PDVSA is through the expeditious transfer of control to the interim president or a subsequent democratically elected government who is committed to taking concrete and meaningful actions to combat corruption. 5:40 Steven Mnuchin: Today OFAC also issued a number of general licenses that authorize certain transactions and activities with PDVSA for limited periods of time to minimize any immediate disruptions and support of ongoing humanitarian efforts. 6:00 Steven Mnuchin: Citgo assets in the United States will be able to continue to operate provided that any funds that would otherwise go to PDVSA instead will go into a blocked account in the United States. 6:10 Steven Mnuchin: Refineries in the United States have already been taking steps to reduce the reliance on imports from Venezuela. Those imports have fallen substantially in recent months. We have also issued general licenses to ensure that certain European and Caribbean countries can make an orderly transition. 6:20 Steven Mnuchin: We continue to call on all of our allies and partners to join the United States in recognizing Interim President Guaido in blocking Maduro from being able to access PDVSA funds. 7:10 Reporter: Is there any circumstance under which American forces would get involved? John Bolton: Well, the president has made it very clear on this matter that all options are on the table. 7:43 Steven Mnuchin: But effective immediately, any purchases of Venezuelan oil by U.S. entities, money will have to go into blocked accounts. Now, I've been in touch with many of the refineries. There is a significant amount of oil that's at sea that's already been paid for. That oil will continue to come to the United States. If the people in Venezuela want to continue to sell us oil, as long as that money goes into blocked accounts, we'll continue to take it. Otherwise, we will not be buying it. And again, we have issued general licenses, so the refineries in the United States can continue to operate. 9:06 Steven Mnuchin: The purpose of sanctions is to change behavior. So when there is a recognition that PDVSA is the property of the rightful rulers, the rightful leaders, the president, then, indeed, that money will be available to Guaido. 9:52 John Bolton: And the authoritarian regime of Chavez and Maduro has allowed penetration by adversaries of the United States, not least of which is Cuba. Some call the country now Cubazuela, reflecting the grip that Cuba's military and security forces have on the Maduro regime. We think that's a strategic significant threat to the United States, and there are others as well, including Iran's interest in Venezuelan's uranium deposits. 15:56 Steven Mnuchin: We're dealing with Venezuelan oil that is a rather modest part of our overall supply. Again, we're a net exporter of energy. We are particularly concerned that there were a handful of refineries that had a dependence on Venezuelan oil. I think they read the tea leaves. They reduced that dependence significantly along the way. Most of them have in the neighborhood of 10% or less of their dependent on Venezuelan oil. So, I don't expect that people will see an impact on the gas pumps. 17:10 Steven Mnuchin: I'm sure many of our friends in the Middle East will be happy to make up the supply as we push down Venezuela's supply. Meeting: Secretary Pompeo Speaks at U.N. Security Council Meeting on Venezuela, January 26, 2019. Speaker: Mike Pompeo - Secretary of State Sound Clips: 2:20 Mike Pompeo: Let's be crystal clear: The foreign power meddling in Venezuela today is Cuba. Cuba has directly made matters worse and the United States and our partners are the true friends of the Venezuelan people. 16:40 Mike Pompeo: Such scenes of misery are now the norm in Venezuela, where millions of children are suffering from malnutrition and starvation, thanks to a socialist experiment that caused the economy to collapse. 20:24 Mike Pompeo: And now it's time for every other nation to pick a side. No more delays. No more games. Either you stand with the forces of freedom or you're in league with Maduro and his mayhem... But no regime has done more to sustain the nightmarish condition of the Venezuelan people than the regime in Havana. For years, Cuban security and intelligence thugs, invited into Venezuela by Maduro himself and those around him, have sustained this illegitimate rule. They have trained Maduro's security and intelligence henchmen in Cuba's own worst practices. Cuba's interior ministry even provides former President Maduro's personal security... Some countries have publicly taken former President Maduro's side. China, Russia, Syria, and Iran are just four of them. Just this morning, we tried to find a way for this council to speak in one voice in support of the Venezuelan people and our democratic ideals through a presidential statement not this council. But our Russian and Chinese colleagues refused to let this move forward. It's not a surprise that those that rule without democracy in their own countries are trying to prop up Maduro while he is in dire straights. Meeting: U.N. Security Council Meeting on the Situation in Venezuela, January 26, 2019. Speakers: Jorge Arreaza - Venezuelan Foreign Minister Elliott Abrams - U.S. Special Envoy to Venezuela Sound Clips: 00:10 Jorge Arreaza: So 2002 is a direct precedent to what is happening. They were behind the coup d'etat. They weren't as much in the vanguard or in advance as this time. They recognized Carmona, the dictator for the 72 hours that it lasted... It was on the 22nd, where Vice President Pence basically in a tweet gave a green light for a coup d'etat in Venezuela. As Under Secretary General said the interim President is self proclaimed. There was no ceremony. It was self proclamation by a member of Parliament at a public rally, at a peaceful public rally, one of many that there have been over the past years... If one of you can tell me in which article and which provision of the United Nations charter you can find the legal basis for self proclamation who wasn't elected by anyone as President of the Bolivarian Republic of Venezuela, then we can open a discussion on the legal aspects, but I don't think that will happen... At last we have a chance to speak. We have a written text but before that I wanted to share some thoughts with you. Indeed, we can even thank Mr. Mike Pompeo because in the face of failure at the Organization of American States on the 24th of January, they didn't have enough weight to impose a resolution, well they convened a meeting of the Security Council. In fact, we - President Maduro - thought of appealing to this body not only to debate the case of Venezuela but rather the blatant and gross intervention, and mechanisms of interference by the United States in our country. In this case, the United States is not behind the coup d'etat, it is in advance in the vanguard of the coup d'etat. It is dictating the orders not only to the Venezuelan opposition but also to the satellite governments in the region, and it seems it Europe and in other parts of the world. 31:47 Elliot Abrams: I can not respond to every attack that was made on every country here. The insults that were made by calling many countries here "satellites". In fact, it was interesting that every single country that was attacked - or criticized - was a democracy. Every single one that you criticized was a democracy... Today there is a satellite present here and it is Venezuela, which is unfortunately has become a satellite of Cuba and Russia... The regime is hiding behind, and it's spokesman is hiding behind, the laws and constitution of Venezuela. Hearing: Defense Department Nominations, Senate Armed Services Committee, January 25, 2019. Witness: Vice Admiral Craig Faller - US Southern Command Commander Sound Clips: 1:37:00 Senator Bill Nelson (FL): What do you think that is the proper role of SouthCom in supporting the Venezuelan people now, in this time of exceptional chaos? Craig Faller: Senator, the Southern Command is focused on supporting our partners—Brazil, Columbia, those that have been most affected by the migrants, the spillover of some one-million-plus in Columbia. Recently, visited Columbia was the secretary of defense. President Duque is keenly aware and sharply focused on all his security challenges, and this is at the top of that list. As a result of the Columbian government's request, we intend to deploy the hospital ship Comfort—it will be underway shortly. It was delayed because of the hurricane—to the region to help our partners offset some of the impacts of this, particularly with the medical care that's been required and the strain that's placed on the resources. Fox Business Video: Vice President Mike Pence Tweet about US recognizing Guaido as Venezuelan President, Twitter, January 23, 2019. 00:33:32 Vice President Mike Pence: Today, freedom broke out in Venezuela with the recognition of a new interim president in Juan Guaido, a courageous man who stepped forward, the President of the National Assembly who took the oath of office, and I couldn't be more proud that at President Trump's direction, the United States of America became the first country in the world to recognize President Guaido, and now many other nations join us as well. Video: Vice President Mike Pence Tweet about Venezuela, Twitter, January 22, 2019. Vice President Mike Pence: Hola. I'm Mike Pence, the Vice President of the United States, and on behalf of President Donald Trump and all the American people, let me express the unwavering support of the United States as you - the people of Venezuela - raise your voices in a call for freedom. Nicholas Maduro is a dictator with no legitimate claim to power. He's never won the Presidency in a free and fair election and he's maintained his grip on power by imprisoning anyone who dares to oppose him. The United States joins with all freedom loving nations in recognizing the National Assembly as the last vestige of democracy in your country, for it's the only body elected by you, the people. As such, the United States supports the courageous decision by Juan Guaido, the President of your National Assembly, to assert that body's constitutional powers, declare Maduro a usurper, and call for the establishment of a transitional government. As you make your voices heard tomorrow, on behalf of the American people, we say to all the good people of Venezuela, estamos con ustedes. We are with you. We stand with you and we will stay with you until democracy is restored and you reclaim your birthright of libertad. Muchas gracias y vayan con Dios. Hearing: Foreign Policy in the Western Hemisphere, House Foreign Affairs Committee, July 11, 2018. Witnesses: Kenneth Merten - Deputy Assistant secretary of State for Western Hemisphere Affairs Sarah-Ann Lynch - USAID Senior Deputy Assistant Administrator for Latin America and the Caribbean Sound Clips: 27:30 Chairman Ed Royce (CA): And meanwhile, despite sitting on the world's largest oil reserves, Venezuelan oil production has fallen by half in the last few years. Venezuela in the meantime has been sending several hundred thousand barrels of oil every day to China as repayment on the tens of billions of dollars it has borrowed. And more recently, China's development bank announced a new quarter-billion dollar investment to shore up Venezuela's struggling oil production. Video: You're Welcome, Duane Johnson, Moana, YouTube, November 28, 2019. Hearing: The Collapse of the Rule of Law in Venezuela, Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues, Senate Committee on Foreign Relations, July 19, 2017. Witness: Luis Almagro - Secretary General of the Organization of American States Sound Clips: 07:15 Senator Marco Rubio: I also know this, and I do not speak for the president, but I've certainly spoken to the president, and I will only reiterate what he has already said, and I've been saying this now for a number of days: it is my—I have 100% confidence that if democracy is destroyed once and for all in Venezuela on the 30th in terms of the Maduro regime, the president of the U.S. is prepared to act unilaterally in a significant and swift way. And that is not a threat; that is the reporting of the truth. Hearing: Full Committee Hearing Venezuela: Options for U.S. Policy, Senate Committee on Foreign Relations, March 2, 2017. Witnesses: Dr. David Smilde - Professor at Tulane University & NYT writer Dr. Shannon O'Neil - Council on Foreign Relations Former equity analyst at Indosuez Capital and Credit Lyonnais Securities Member of the Board of Directors at Rassini, an multinational auto parts manufacturers that make parts for US auto companies Senior advisor for Latin America at Macro Advisory Partners, a multinational consulting firm founded in 2013 Mark Feierstein - Center for Strategic and International Studies Senior Advisor to the Albright Stonbridge Group CLS Strategies GBA Strategies Special assistant to President Obama and Senior Director for Western Hemisphere Affairs Former Assistant Administrator for Latin America and the Caribbean at USAID Worked in State Dept and USAID in Clinton Administration Former principal at Greenberg Quinlan Rosner, an international political consulting firm Sound Clips: 21:53 Shannon O'Neil: Multilateral initiatives are perhaps more important and potentially more fruitful as a means to influence Venezuela. This will mean working behind the scenes to galvanize opposition and condemnation for the Maduro regime. This'll be more effective than U.S. efforts alone as it will be much harder for the Venezuelan government to dismiss the criticisms and the actions of its South American neighbors as imperialist overreach. And such a coalition is much more possible today than in any time in the recent past, due both to the accelerating repression and the breaking of the last democratic norms in Venezuela, and due to the very different stances of South America's recently elected leaders, particularly in Peru, in Brazil, and in Argentina. 41:12 Senator Bob Menendez: I'm pleased to have led a bipartisan and bicameral letter of my colleagues, urging the administration to take actions against the administration, and I look forward for a continuing engagement. But I hope we can work together to hold human-rights violators and drug traffickers, send a clear message, "If you're going to violate rights of others inside of Venezuela, know that you're next. Know that you're next." And while the Maduro regime may have sanctioned me and forbidden my entry into Venezuela, it will not stop me from pursuing this issue. Video Compilation: Either With Us or With the Terrorists - President George W. Bush, YouTube, May 26, 2013 Additional Reading Article: How Washington funded the counterrevolution in Venezuela by Tim Gill and Rebecca Hansen, The Nation, February 8, 2019. Statement: Pelosi statement on the situation in Venezuela, Nancy Pelosi, Speaker of the House, February 8, 2019. Article: Venezuela says plan from Miami delivered weapons for use by enemies of Maduro by Tim Johnson, McClatchy DC, February 7, 2019. Article: Senators fail to reach deal on recognizing Venezuela's Guaido, aide says by Daniel Flatley, Bloomberg, February 7, 2019. Article: Bipartisan Venezuela legislation fizzles over use of military force by Leigh Ann Caldwell and Josh Lederman, NBC News, February 6, 2019. Article: Spotify podcast acquisitions will bring a lot of money into tiny industry by Taylor Telford, The Washington Post, February 6, 2019. Article: Spotify technology S.A. announces financial results for fourth quarter 2018, Spotify Investors, February 6, 2019. Article: Trump's Venezuela envoy to testify to U.S. House panel amid crisis by Patricia Zengerle and Arshad Mohammed, Reuters, February 6, 2019. Article: Russia starts to worry Maduro's grip is slipping in Venezuela, The Moscow Times, February 6, 2019. Article: French, German farmers destroy crops after GMOs found in BAyer seeds by Sybille de La Hamaide, Reuters, February 6, 2019. Article: Venezuela opposition will name new Citgo board this week: WSJ, Reuters, February 6, 2019. Article: How the neocons captured Donald Trump by Brian D'Haeseleer, The Washington Post, February 5, 2019. Article: Lima group warns against Venezuela military intervention, France 24, February 5, 2019. Article: Maduro's allies: Who backs the Venezuelan regime? by Rocio Cara Labrador, Council on Foreign Relations, February 5, 2019. Article: What does it mean for the United States to recognize Juan Guaido as Venezuela's President? by Scott R. Anderson, Lawfare, February 1, 2019. Article: Venezuela opposition leader outlines plan to revive nation by Ryan Dube and Kejal Vyas, The Wall Street Journal, January 31, 2019. Article: Elliott Abrams, Trump's pick to bring "democracy" to Venezuela, has spent his life crushing democracy by John Schwarz, The Intercept, January 30, 2019. Article: U.S. push to oust Venezuela's Maduro marks first shot in plan to reshape Latin America by Jessica Donati, Vivian Salama, and Ian Talley, The Wall Street Journal, January 30, 2019. Article: The real reason why those foreign powers are so interested in Venezuela by Melik Kaylan, Forbes, January 29, 2019. Article: How Citgo, a U.S. oil company, became Venezuela's lifeline by Adam Taylor, The Washington Post, January 29, 2019. Article: US diplomat convicted over Iran-Contra appointed special envoy for Venezuela by Julian Borger, The Guardian, January 26, 2019. Tweet: America stands by the people of #Venezuela... Nancy Pelosi, Twitter, January 24, 2019. Article: Russia warns U.S. not to intervene in Venezuela as military backs Maduro by Ana Vanessa Herrero and Neil MacFarquhar, The New York Times, January 24, 2019. Tweet: The citizens of Venezuela have suffered for too long at... Donald J. Trump, January 23, 2019. Tweet: Today @POTUS announced the U.S. officially recognizes Juan Guaido as... Vice President Mike Pence, January 23, 2019. Tweet: .@POTUS & the US stand w/ the Venezuelan peopl eas they seek to regain their liberty from... Vice President Mike Pence, January 22, 2019. Article: Brazil's Bolsonaro pledges action to 'restore democracy' in Venezuela, Reuters, January 17, 2019. Article: Venezuela is in crisis. So how did Maduro secure a second term? by Ana Vanessa Herrero and Megan Specia, The New York Times, January 10, 2019. Article: Lima group says it won't recognize Maduro's new term as president of Venezuela by Jim Wyss, Miami Herald, January 4, 2019. Article: Trump taps ex-Boeing executive Patrick Shanahan as acting Defense Secretary by Darko Janjevic, DW, December 23, 2018. Article: Russia sends 2 nuclear-capable bombers to Venezuela by Vladimir Isachenkov, Navy Times, December 10, 2018. Article: Russia signs $6 billion investment deals with Venezuela, Maduro says, The Moscow Times, December 7, 2018. Press Release: Rubio, Van Hollen urge administration to investigate ZTE business with Venezuelan government, Marco Rubio Newsroom, November 28, 2018. Article: How ZTE helps Venezuela create China-style social control by Angus Berwick, Reuters, November 14, 2018. Article: Trump administration tightens sanctions gains Cuba, Venezuela by Courtney McBride, The Wall Street Journal, November 1, 2018. Article: Canada's Rusoro Mining reaches $1.3B deal with Venezuela by Cecilia Jamasmie, Mining.com, October 12, 2018. Article: Rusoro Mining has received a settlement proposal from the Bolivarian Republic of Venezuela, Rusoro Mining News, October 11, 2018. Article: Venezuela hands China more oil peresence, but no mention of new funds by Ben Blanchard and Alexandra Ulmer, Reuters, September 14, 2018. Article: Trump administration discussed coup plans with rebel Venezuelan officers by Ernesto Londono and Nicholas Casey, The New York Times, September 8, 2018. Article: A record-breaking market doesn't matter to most Americans by Helaine Olen, The Washington Post, August 22, 2018. Article: The politics of food in Venezuela by Ana Felicien, Christina Schiavoni, and Liccia Romero, Monthly Review, June 1, 2018.html) by William Neuman and Nicholas Casey, The New York Times, May 20, 2018. Article: Regional leaders call on Venezuela to suspend 'illegitimate' election by Eli Meixler, Time, May 15, 2018. Article: [Venezuela election won by Maduro amid widespread disillusionment](https://www.nytimes.com/2018/05/20/world/americas/venezuela-election. Article: US media ignore - and applaud - economic war on Venezuela by Gregory Shupak, Common Dreams, March 22, 2018. Article: Rusoro mining wins key U.S. court ruling confirming arbitration award, Rusoro Mining News, March 14, 2018. Article: Venezuela's Maduro calls for 'mega-election' that could cement his power by Rachelle Krygier, The Washington Post, February 22, 2018. Article: Venezuela opposition will boycott election, and Maduro tightens his hold by Ana Vanessa Herrero and Kirk Semple, The New York Times, February 21, 2018. Article: Venezuela launches virtual currency, hoping to resuscitate economy by Kirk Semple and Nathaniel Popper, The New York Times, February 20, 2018. Tweet: The world would support the Armed Forces in #Venezuela if they decide to... Marco Rubio, February 9, 2018. Article: Few challengers in sight, Venezuela sets April 22 for presidential vote by Nicholas Casey, The New York Times, February 7, 2018. Briefing: Background briefing on the Secretary's travel to Austin, Texas; Mexico City, Mexico; San Carlos Bariloche, Argentina; Buenos Aires, Argentina; Lima, Peru; Bogota, Colombia; and Kingston, Jamaica, Senior State Department Officials, U.S. Department of State, January 29, 2018. Article: Venezuela calls for early elections, and Maduro aims to retain control by Kirk Semple, The New York Times, January 23, 2018. Article: Tired of regional critics, Venezuela looks to Russia and China by Ernesto Londono, The New York Times, December 27, 2017. Article: Venezuela puts up roadblock for opposition in next presidential vote by Ana Vanessa Herrero, The New York Times, December 20, 2017. Article: As Venezuela opposition shuns vote, leader's party tightens grip on power by Kirk Semple, The New York Times, December 10, 2017. Article: Putin extends lifeline to cash-strapped Venezuela by Patrick Gillespie, CNN Business, November 15, 2017. Article: Venezuela's two legislatures duel, but only one has ammunition by Kirk Semple, The New York Times, November 3, 2017. Advisory: Reports from financial institutions are critical to stopping, deterring, and preventing the proceeds tied to suspected Venezuelan public corruption from moving through the U.S. financial system, Financial Crimes Enforcement Network, September 20, 2017. Article: White House raises pressure on Venezuela with new financial sanctions by Clifford Krauss, The New York Times, August 25, 2017. Article: Venezuela's new, powerful assembly takes over legislature's duties by Nicholas Casey, The New York Times, August 18, 2017. Report: Vladimir's Venezuela - leveraging loans to Caracas, Moscow snaps up oil assets by Marianna Parraga and Alexandra Ulmer, Reuters, August 11, 2017. Article: Trump says military is 'locked and loaded' and North Korea will 'regret' threats by Peter Baker, The New York Times, August 11, 2017. Article: Venezuela's new assembly members share a goal: Stifle dissent by Nicholas Casey and Ana Vanessa Herrero, The New York Times, August 3, 2017. Article: Venezuela vote marred by violence, including candidate's death by Nicholas Casey, Patricia Torres, and Ana Vanessa Herrero, The New York Times, July 30, 2017. Article: Goldman buys $2.8 billion worth of Venezuelan bonds, and an uproar begins by Landon Thomas Jr., The New York Times, May 30, 2017. Article: Nicolas Maduro, Venezuela President, calls for a rewrite of the constitution by Nicholas Casey, The New York Times, May 1, 2017. Article: Venezuela says it will leave pro-democracy organization by Nicholas Casey, The New York Times, April 26, 2017. Article: Crisis-ridden Venezuela gave $500k to Trump inauguration by Patrick Gillespie and Flora Charner, CNN Money, April 20, 2017. Article: Venezuelan court revises ruling that nullified legislature by Nicholas Casey and Patricia Torres, The New York Times, April 1, 2017. Article: As criticism mounts, Venezuela asks high court revisit power grab by Nicholas Casey, The New York Times, March 31, 2017. Article: Venezuela muzzles legislature, moving closer to one-man rule by Nicholas Casey and Patricia Torres, The New York Times, March 30, 2017. Article: An actual American war criminal may become our second-ranking diplomat by Eric Alterman, The Nation, February 2, 2017. Article: What happened when Venezuela outlawed its own currency by Jeremy Ashkenas and Quoctrung Bui, The New York Times, December 30, 2016. Article: Venezuela: three opposition lawmakers resign in concession to Maduro, Reuters, November 15, 2016. Article: Venezuelan lawmakers vote to put President Nicolas Maduro on trial by Ana Vanessa Herrero and Elisabeth Malkin, The New York Times, October 25, 2016. Article: Venezuelan electoral panel halts effort to recall President Nicolas Maduro by Patricia Torres and Elisabeth Malkin, The New York Times, October 21 2016. Article: Venezuela's supreme court consolidates Nicolas Maduro's power by Elisabeth Malkin and Nicholas Casey, The New York Times, October 12, 2016. Article: O.A.S. issues rebuke to Venezuela citing threats to democracy by Nicholas Casey, The New York Times, May 31, 2016. Article: Venezuela panel clears the way for a process to oust Nicolas Maduro by Patricia Torres and Nicholas Casey, The New York Times, April 26, 2016. Article: Venezuela's court deals another blow to opposition lawmakers by Nicholas Casey, The New York Times, April 12, 2016. Article: In power struggle, Venezuela's high court declares parliament in contempt by Mery Mogollon and Chris Kraul, Los Angeles Times, January 11, 2016. Article: Venezuela: Court held lawmakers in contempt by Nicholas Casey, The New York Times, January 11, 2016. Article: Venezuela opposition takes reins of assembly as tensions rise by William Neuman and Nicholas Casey, The New York Times, January 5, 2016. Article: 9 opposition candidates barred from Venezuela's December ballot by William Neuman, The New York Times, August 23, 2015. Article: Venezuelan court rejects challenge to Presidential election results by William Neuman, The New York Times, August 7, 2013. Article: Kerry encourages Venezuela recount by William Neuman, The New York Times, April 17, 2013. Report: Study mission of the Carter Center in 2013 Presidential elections in Venezuela, The Carter Center, April 14, 2013. Article: Venezuela coup linked to Bush team by Ed Vulliamy, The Guardian, April 21, 2002. Article: Uprising in Venezuela: The government; Venezuela's chief forced to resign; civilian installed by Juan Forero, The New York Times, April 13, 2002. Article: 12 years of tortured truth on El Salvador by Guy Gugliotta and Douglas Farrah, The Washington Post, March 21, 1993. Article: Bush pardons Weinberger, 5 others in Iran-Contra;Act called cover-up by Robert Jackson and Ronald J. Ostrow, The Los Angeles Times, December 25, 1992. Article: Elliot Abrams admits his guild on 2 counts in Contra cover-up by David Johnston, The New York Times, October 8, 1991. Article: Aide says U.S. planes carried contra arms, Archives, The New York Times, August 15, 1987. Resources Bio: Elliot Abrams, Council on Foreign Affairs National Endowment for Democracy: Elliott Abrams, Council on Foreign Relations Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

In the final days of the 115th Congress, Congress passed and President Trump signed into law the First Step Act, which made changes to the operation of the federal prison system. In this episode, learn every detail of this new law, including the big money interests who advocated for its passage and their possible motivations for doing so. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD176: Target Venezuela: Regime Change in Progress CD129: The Impeachment of John Koskinen Bills/Laws S.756 - First Step Act of 2018 Govtrack Link Committee Summary Bill Text House Final Vote Results Senate Final Vote Results Sponsor: Sen. Dan Sullivan (AK) Original bill numbers for the First Step Act were S.2795 and HR 5682 First Step Act Outline TITLE I - RECIDIVISM REDUCTION Sec. 101: Risk and needs assessment system Orders the Attorney General to conduct a review current and possible recidivism reduction programs, including a review of products manufactured overseas the could be produced by prisoners and would not compete with the domestic private sector Orders the Attorney General to create an assessment system for each prisoner to be conducted during the intake process that will classify each of them as having minimum, low, medium, or high risk of recidivism, the prisoner's likelihood of violent or serious misconduct, and assign them to programs accordingly. This process must be published on the Department of Justice website by July 19, 2019 (210 days after enactment). Prerelease custody means home confinement with 24 hour electronic monitoring, with the possibility of being allowed to leave to go to work, to participate in a recidivism reduction program, perform community service, go to the doctor, attend religious services, attend weddings or funerals, or visit a seriously ill family member. Sec. 102: Implementation of Risk and Needs Assessment System By mid-January 2020, the Attorney General must implement the new risk assessment system and complete the initial intake risk assessments of each prisoner and expand the recidivism reduction programs The Attorney General "shall" develop polices for the warden of each prison to enter into partnerships with "non-profit and other private organizations including faith-based, art, and community-based organizations", schools, and "private entities that will deliver vocational training and certifications, provide equipment to facilitate vocational training…employ prisoners, or assist prisoners in prerelease custody or supervised related in finding employment" and "industry sponsored organization that will deliver workforce development and training, on a paid or volunteer basis." Priority for participation will be given to medium and high risk prisoners Sec. 104: Authorization of Appropriations Authorizes, but does not appropriate, $75 million per year from 2019 to 2023. Sec. 106: Faith-Based Considerations In considering "any entity of any kind" for contracts "the fact that it may be or is faith-based may not be a basis for any discrimination against it in any manner or for any purpose." Entities "may not engage in explicitly religious activities using direct financial assistance made available under this title" Sec. 107: Independent Review Committee The National Institute of Justice will select a "nonpartisan and nonprofit organization… to host the Independent Review Committee" The Committee will have 6 members selected by the nonprofit organization, 2 of whom must have published peer-reviewed scholarship about the risk and needs assessments in both corrections and community settings, 2 corrections officers - 1 of whom must have experience working in the Bureau of Prisons, and 1 individual with expertise in risk assessment implementation. The Committee will assist the Attorney General in reviewing the current system and making recommendations for the new system. TITLE II - BUREAU OF PRISONS SECURE FIREARMS STORAGE Sec. 202: Secure Firearms Storage Requires secure storage areas for Bureau of Prisons employees to store their firearms on the outside of the prisoner area. Allows Bureau of Prison employees to store firearms lockboxes in their cars Allows Bureau of Prison employees "to carry concealed firearms on the premises outside of the secure perimeter of the institution" TITLE III - RESTRAINTS ON PREGNANT PRISONERS PROHIBITED Sec. 301: Use of Restraints on Prisoners During the Period of Pregnancy and Postpartum Recovery Prohibited From the day a prisoner's pregnancy is confirmed and ending 12 weeks or longer after the birth, a "prisoner in the custody of the Bureau of Prisons, or in the custody of the United States Marshals Service… shall not be placed in restraints" Will not apply to state prisons or local jails Exceptions include if the prisoner is an "immediate and credible flight risk" or if she poses an "immediate and serious threat of harm to herself or others" No matter what, a pregnant or recovering mother can't: Have restraints placed around her ankles, legs, or waist Have her hands tied behind her back Be restrained using "4-point restraints" Be attached to another prisoner Within 48 hours of the pregnancy confirmation, the prisoner must be notified of the restraint restrictions (it doesn't say how they must be notified) TITLE IV - SENTENCING REFORM Sec. 401: Reduces Sentencing for Prior Drug Felonies Changes the mandatory minimum for repeat offender with a previous "serious drug felony" (which is defined based on the length of the prison sentence: An offense for which they served more than 12 months) or a "serious violent felony" (added by this bill) from an automatic 20 year sentence to an automatic 15 year sentence. Changes the mandatory minimum for repeat offenders with two or more previous "serious drug felony or serious violent felony" convictions from a mandatory life sentence to a mandatory 25 years. Applies to cases that have not been sentenced as of the date of enactment and is not retroactive Sec. 402: "Broadening of Existing Safety Valve" Expands the criteria for leniency from mandatory minimums to include people with up to 4 prior non-volent convictions, not including minor misdemeanors. Applies to cases that have not been sentence as of the date of enactment and is not retroactive. Sec. 404: Appeals For Current Prisoners Convicted of Crack Related Crimes Allows people who were convicted of crack related crimes prior to August 3, 2010 (when the Fair Sentencing Act of 2010 - which reduced the sentencing differences between crack and power cocaine - became law) to be eligible for reduced sentences. TITLE V - SECOND CHANCE ACT OF 2007 REAUTHORIZATION Sec. 502: Changes Existing Programs Creates an optional grant program for the Attorney General allowing him to provide grants to private entities along with governmental ones, for consulting services (to "evaluate methods", "make recommendations", etc). Authorizes, but doesn't appropriate, $10 million per year from 2019 through 2023 ($50 million total) Sec. 503: Audits of Grantees Requires annual audits of entities receiving grants under the Second Chance Act of 2007 beginning in fiscal year 2019. Prohibits grantees from using grant money to lobby Department of Justice officials or government representatives, punishable by the full repayment of the grant and disqualification for grants for 5 years. TITLE VI- MISCELLANEOUS CRIMINAL JUSTICE Sec. 601: Placement of Prisoners Close to Families Requires that attempts be made to place a prisoners within 500 driving miles of the prisoner's primary residence Adds "a designation of a place of imprisonment… is not reviewable by any court." Sec. 603: Terminally Ill Prisoners Can Go Home Allows some terminally ill or elderly prisoners over the age of 60 to serve the rest of their sentences in home confinement Sec. 605: Expanding Prison Labor Allows Federal Prison Industries to sell products, except for office furniture, to government entities for use in prisons, government entities for use in disaster relief, the government of Washington DC, or "any organization" that is a 501(c)3 (charities and nonprofits), 501(c)4s (dark money "social welfare" organizations), or 501d (religious organizations). Requires an audit of Federal Prison Industries to begin within 90 days of enactment, but no due date. Sec. 611: Healthcare Products Requires the Bureau of Prisons to provide tampons and sanitary napkins to prisoners for free Sec. 613: Juvenile Solitary Confinement Prohibits juvenile solitary confinement to only when needed as a 3 hour temporary response to behavior that risks harming the juvenile or others, but it can not be used for "discipline, punishment, or retaliation" Federal Prison Industries: UNICOR UNICOR Index FPI is a "wholly-owned government corporation established by Congress on June 23, 1934. It's mission is to protect society and reduce crime by preparing inmates for successful reentry through job training" UNICOR FAQs UNICOR 2018 Sales Report UNICOR Federal Prison Industries, Inc., Fiscal Year 2015, Annual Management Report, November 16, 2015 Shutdown Back-Pay Law -Government Employee Fair Treatment Act of 2019, signed January 16 2019. - Bill Text Additional Reading Article: Revolving door brings Trump-tied lobbying firm even closer to the White House by Anna Massoglia and Karl Evers-Hillstrom, OpenSecrets News, January 22, 2019. Article: Trump fails the first test of the First Step Act by Edward Chung, The Hill, January 10, 2019. Article: The First Step Act could be a big gift to CoreCivic and the private prison industry by Liliana Segura, The Intercept, December 22, 2018. Article: For-profit prisons strongly approve of bipartisan criminal justice reform bill by Karl Evers-Hillstrom, OpenSecrets News, December 20, 2018. Statement: SPLC statement on bipartisan passage of First Step Act criminal justice reform bill by Lisa Graybill, Southern Poverty Law Center, December 20, 2018. Article: The First Step Act is not sweeping criminal justice reform - and the risk is that it becomes the only step by Natasha Lennard, The Intercept, December 19, 2018. Article: Conservatives scramble to change criminal justice bill by Jordain Carney, The Hill, December 18, 2018. Article: The FIRST STEP Act will make us safer without the Cotton-Kennedy amendments by Tricia Forbes, The Hill, December 18, 2018. Article: Who no details about criminal justice 'reform'? by Thomas R. Ascik, The Hill, December 17, 2018. Letter: The ACLU and the Leadership Conference support S.756, and urge Senators to vote yes on Cloture and no on all amendments, The Leadership Conference, CivilRights.org, December 17, 2018. Article: Koch-backed criminal justice reform bill to reach Senate, All Things Considered, NPR, December 16, 2018. Article: The problem with the "First Step Act" by Peniel Ibe, American Friends Service Committee, December 14, 2018. Article: Why is a Florida for-profit prison company backing bipartisan criminal justice reform? by Steve Dontorno, Tampa Bay Times, December 7, 2018. Article: How the FIRST STEP Act moves criminal justice reform forward by Charlotte Resing, ACLU, December 3, 2018. Article: Private prison companies served with lawsuits over using detainee labor by Amanda Holpuch, The Guardian, November 25, 2018. Statement: GEO Group statement on federal legislation on prison reform (The FIRST STEP Act), GEO Group, November 19, 2018. Article: Karl Rove's crossroads GPS is dead, long live his multi-million dollar 'dark money' operation by Anna Massoglia and Karl Evers-Hillstrom, OpenSecrets News, November 16, 2018. Article: We are former attorneys general. We salute Jeff Sessions. by William P. Barr, Edwin Meese III, and Michael B. Mukasey, The Washington Post, November 7, 2018. Article: How the Koch brothers built the most powerful rightwing group you've never heard of by Alexander Hertel-Fernandez, Caroline Tervo, and Theda Skocpol, The Guardian, September 26, 2018. Article: U.S. prisoners' strike is a reminder how common inmate labor is by Ruben J. Garcia, CBS News, September 8, 2018. Article: Kim Kardashian, activist, visits White House to call for prisoner freedom by Amelia McDonell-Parry, Rolling Stone, September 6, 2018. Article: Who is Chris Young? Kim Kardashian West to meet with Donald Trump to try to get prisoner pardoned by Janice Williams, Newsweek, September 5, 2018. Article: Kim Kardashian West visits White House to talk prison reform by Brett Samuels, The Hill, September 5, 2018. Article: Kim Kardashian West to another convicted felon's case: report by Brett Samuels, The Hill, September 5, 2018. Article: 'Prison slavery': Inmates are paid cents while manufacturing products sold to government by Daniel Moritz-Rabson, Newsweek, August 28, 2018. Article: Turf war between Kushner and Sessions drove federal prison director to quit by Glenn Thrush and Danielle Ivory, The New York Times, May 24, 2018. Report: Attorney General Sessions announces Hugh Hurwitz as the Acting Director of the Federal Bureau of Prisons, Department of Justice, May 18, 2018. Article: Beware of big philanthropy's new enthusiasm for criminal justice reform by Michelle Chen, The Nation, March 16, 2018. Article: Corporations and governments collude in prison slavery racket by Mark Maxey, People's World, February 7, 2018. Article: Super PAC priorities USA plans to spend $50 million on digital ads for 2018 by Jessica Estepa, USA Today, November 2, 2017. Article: Private prisons firm to lobby, campaign against recidivism by Jonathan Mattise, AP News, October 31, 2017. Article: Slave labor widespread at ICE detention centers, lawyers say by Mia Steinle, POGO, September 7, 2017. Article: The sordid case behind Jared Kushner's grudge against Chris Christie by Byron York, The Washington Examiner, April 16, 2017. Report: How much do incarcerated people earn in each state? by Wendy Sawyer, Prison Policy Initiative, April 10, 2017. Press Release: The GEO Group closes $360 million acquisition of community education centers, Company Release, GEO Group, Inc., April 6, 2017. Article: How a private prison company used detained immigrants for free labor by Madison Pauly, Mother Jones, April 3, 2017. Article: Bias in criminal risk scores is mathematically inevitable, researchers say by Julia Angwin and Jeff Larson, ProPublica, December 30, 2016. Article: Jailed for ending a pregnancy: How prosecutors get inventive on abortion by Molly Redden, The Guardian, November 22, 2016. Article: Federal prison-owned 'factories with fences' facing increased scrutiny by Safia Samee Ali, NBC News, September 4, 2016. Investigative Summary: Findings of fraud and other irregularities related to the manufacture and sale of combat helmets by the Federal Prison Industries and ArmorSource, LLC, to the Department of Defense, Office of the Inspector General, August 2016. Report: Federal prison industries: Background, debate, legislative history, and policy options, Congressional Research Service, May 11, 2016. Article: New Koch by Jane Mayer, The New Yorker, January 25, 2016. Article: Pregnant and behind bars: how the US prison system abuses mothers-to-be by Victoria Law, The Guardian, October 20, 2015. Article: American slavery, reinvented by Whitney Benns, The Atlantic, September 21, 2015. Article: Yes, prisoners used to sew lingerie for Victoria's Secret - just like in 'Orange is the New Black' season 3 by Emily Yahr, The Washington Post, June 17, 2015. Report: Treatment industrial complex: How for-profit prison corporations are undermining efforts to treat and rehabilitate prisoners for corporate gain by Caroline Isaacs, Grassroots Leadership, November 2014. Report: The prison indistries Enhancement Certification Program: A program history by Barbara Auerbach, National CIA, May 4, 2012. Article: The hidden history of ALEC and prison labor by Mike Elk and Bob Sloan, The Nation, August 1, 2011. Article: Slave labor - money trail leads to Koch brothers and conservatives who want your job! by Bob Sloan, Daily Kos, February 21, 2011. Article: The Legacy by Gabriel Sherman, New York Magazine, July 12, 2009. Hearing: Federal Prison Industries, House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, C-SPAN, July 1, 2005. Article: Democratic donor receives two-year prison sentence by Ronald Smothers, The New York Times, March 5, 2005. Sound Clip Sources Discussion: Criminal Justice Reform and Senate Vote on First Step Act, C-SPAN, December 19, 2018. Speakers: - Mike Allen, Founder and Executive Editor of Axios - Mark Holden, Senior Vice President and General Counsel of Koch Industries - Senator Amy Klobuchar Sound Clips: 22:27 Mike Allen: So, I have on NPR, "Koch-Backed Criminal Justice Reform to Reach Senate." To some people, at least at first blush, there's an incongruity to that. Tell us how Koch Industries got involved in this issue. Mark Holden: Yeah, well, I mean, Charles Koch and David Koch have been very focused on these issues forever, literally. They were early funders of Families Against Mandatory Minimums, Institute for Justice, a lot of different groups. And from Charles's perspective, the war on drugs, it's been a failure. It doesn't mean that you—there aren't—it was in a criminal element within the war on drugs, but there are a lot of people in the war on drugs who don't need to be incarcerated for so long. And so we've been very much in favor of proportional sentencing. You know, punishment must fit the crime. You break the law, you should pay a price, and then once you pay that price, you should be welcomed back into society, with all your rights. All your rights come back. That's why we supported Amendment 4 down in Florida, the voting restoration rights for people with felonies in Florida. We don't think it makes sense for people not to be able to participate once they've paid their debt to society. And for us, for Charles in particular, this is all about breaking barriers to opportunity. 24:10 Mark Holden: And last night, 87 to 12, that's a curb stomping. And I will note, as a Patriots fan, Gronk is 87 and Brady's 12, right? I mean, yeah. Something there. 49:00 Mike Allen: Watching last night, and the conversations today, it was clear there was a real sense of history, a sense of occasion on the Senate floor last night. Take us there. Tell us what that was like. Senator Amy Klobuchar (MN): Well, we haven't had a lot of joyous moments in the Senate this year. Big-surprise-news item I gave you. And this was one of those because I think for one thing we're coming to the end of the year. We were able to get some really important things done: the farm bill; the sex harassment bill that I led with Senator Blunt that had been really difficult to negotiate for the last year; and then of course the budget, which we hope to get done in the next two days; and then we've got this. And this was something that has been explained. It was five years in the making. It took people out of their comfort zones. You had people on both sides that never thought they'd be talking about reducing drug sentences. So in that way, it was kind of this Christmas miracle that people came together. But the second piece of it was just that we knew they were these bad amendments that you've heard about. Some of them we felt were maybe designed to put us in a bad place, only because politically the bill protected us from a lot of the things that were in the amendments. So what was the best part of the night for me was that it wasn't Democrats fighting against Tom Cotton and these amendments; it was Chuck Grassley, in his festive-red holiday sweater, who went up there with that Iowa accent that maybe only I can understand, being from Minnesota, and was able to really effectively fight them down. And the second thing was just the final vote—I mean, we don't get that many votes for a volleyball resolution—and that we had that strong of support for the reform was also really exciting. Senate Session: Senate floor First Step Act Debate and Vote, C-SPAN, December 18, 2018. Podcast: Wrongful Conviction Podcast: Kim Kardashian and Jason Flom join forces to advocate for Criminal Justice Reform and Clemency, September 5, 2018. Netflix Episode: Orange is the New Black, Season 3 Episode 5, Fake it Till You Make It Some More, June 11, 2015. Netflix Episode: Orange is the New Black, Season 3 Episode 6, Ching Chong, Chang, June 11, 2015. Video Clip: Whitney Houston 'Crack is Whack' Clip from 2002 Diane Sawyer Interview on ABC News, YouTube, February 11, 2012. Hearing: Federal Prison Industries, House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, C-SPAN, July 1, 2005. Witnesses: - Phillip Glover - American Federation of Government Employees Prison Locals Council - President - Paul Miller - Independent Office Products & Furniture Dealers Association Sound Clips: 1:32 Former Representative Howard Coble: Prisoners who are physically able to work must labor in some capacity five days a week. FPI is a government corporation that operates the BOP's correctional program and employs inmates of the federal prison population to manufacture goods for and provides services to federal agencies. About 20% of the inmates work in Federal Prison Industries', FPI, factories. They generally work in factory operations such as metals, furniture, electronics, textiles, and graphic arts. FPI work assignments pay from $0.23 to $1.15 per hour. 6:19 Representative Bobby Scott (VA): FPI can only sell its products and services to federal agencies. The program was established in the 1930s, in the midst of the Great Depression, as a way to teach prisoners real work habits and skills so that when they are released from prison they'll be able to find and hold jobs to support themselves and their families and be less likely to commit more crimes. It is clear that the program works to do just that. Followup studies covering as much as 16 years of data have shown that inmates who participate in Prison Industries are 14% more likely to be employed and 24% less likely to commit crimes than like prisoners who do not participate in the program. 1:39:58 Former Representative Pieter Hoekstra, current Ambassador to the Netherlands: Mandatory source was great for Federal Prison Industries during the 1990s and 2001 and 2002. But you know what? I think it was wrong that Federal Prison Industries was the fastest and probably the only growing office-furniture company in America during that time. As the industry was going through significant layoffs, Federal Prison Industries was growing by double digits each and every year. 1:46:40 Philip Glover: If you have someone serving at USP, Leavenworth, for instance, and they're in for 45 years or 50 years, you can educate them, you can vo-tech them, but to keep them productive and occupied on a daily basis and feel like they have a little bit of worth, this program seems to do that. That's where, at least as a correctional officer, that's where I come from on this program is that it gives the inmate a sense of worth, and every day he goes down and does something productive. Resources About Page: Americans for Prosperity American Addiction Centers: Crack Cocaine & Cocaine: What's the Difference? Annual Report: The GEO Group, Inc. 2017 Annual Report Lobbying Report: Lobbying Disclosure Act of 1995 (Section 5) Media Statement: Statement from CoreCivic President and CEO Damon Hininger on the First Step Act OpenSecrets: Americans for Prosperity OpenSecrets: CoreCivic Inc. Lobbyists OpenSecrets: CoreCivic Inc Profile for 2018 Election Cycle OpenSecrets: GEO Group Lobbyists OpenSecrets: GEO Group Profile for 2018 Election Cycle OpenSecrets: Outside Spending of Political Nonprofits OpenSecrets: Trump 2017 Inauguration Donors Product Page: Pride Enterprises Ranker.com: 50 American Companies That Have Ties to Modern Slavery SPLC: Criminal Justice Reform Visual Resources Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

We've transitioned! The 115th Congress is finally over and the 116th has begun. In this episode, get the details on the last acts of the 115th Congress, including the play by play of the shutdown drama, and learn about the new rules written by Democrats that will govern the 116th House of Representatives. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD186: National Endowment for Democracy House Rules 116th Congress House Rules Resolution Sec. 102(b): Gives delegates and resident commissioners (the representatives of D.C. and the territories) the ability to vote in Congress, but only if they are not casting the deciding vote. If they are the deciding votes, the vote will be re-taken. Sec. 102(f): Renames the following committees "Committee on Oversight and Government Reform" will be the "Committee on Oversight and Reform" "Committee on Education and the Workforce" will be the "Committee on Education and Labor" Sec. 102(i): The chairmen of the oversight committees need to create and submit their oversight plans to the Committee on Oversight and Reform by March 1, 2019, and then coordinate those plans with other committees for submission to the full House by April 15, 2019. Sec. 102(m): Removes the term limit of four out of six consecutive Congresses for members of the Committee on the Budget and removes the term limit for Chairmen of any committee barring them from serving as Chairman for more than three consecutive Congresses. Sec. 102(n): Changes the 3 day rule for mark-up notices to clarify that it means 3 calendar days excluding Saturdays, Sundays, and legal holidays. Sec. 102(q): Criminal trial evidence and transcripts will be used as evidence in House ethics investigations Sec. 102(r): Between March 1 of the first year and September 30 of the second year of the Congress, the sponsor of a bill with 290 co-sponsors can put their bill on the calendar where it will remain until it is either reported by committee or voted on in the full House. Sec. 102(z): Text of bills must be available for "72 hours" Sec. 102(dd): Removes the requirement for a supermajority vote to increase taxes Sec. 102(ee): PAYGO procedures for the 116th Sec. 101(ii): Starting on January 1, 2020, members of the House of Representatives will not be allowed to "serve as an officer or director of any public company" Sec. 102(jj): A suspension of the debt ceiling will be automatically included and passed along with the budget resolution. Sec. 103(d): Registered lobbyists will not be granted access to the Congressional gym Sec. 103(h): Limited the Committee on Agriculture to six subcommittees and the Committee on Financial Services to seven subcommittees Sec. 103(i): No bill can get a vote on the House floor unless it has been passed by a committee. Excepts include continuing resolutions and emergency bills. Sec. 103(r): Requires members of the House to pay for discrimination settlements for offenses they personally committed Sec. 104(a): Creates a commission called the House Democracy Partnership, which will be funded with $52,000 available between January 3, 2019 and March 31, 2019. The commission will be managed but the Committee on Foreign Affairs. Sec. 104(d): Creates an Office of Diversity and Inclusion Sec. 104(e): Creates an Office of the Whistleblower Ombudsman Sec. 104(f): Creates a Select Committee on the Climate Crisis, which will have 15 members, 6 appointed by the Minority Leader, and which will have no power to create or change legislation and will not have subpoena power. "The sole authority of the Select Committee shall be to investigate, study, make findings, and develop recommendations on policies, strategies, and innovations to achieve substantial and permanent reductions in pollution and other activities that contribute to the climate crisis." Sec. 201: Creates a Committee on the Modernization of Congress Sec. 301: Authorizes the Speaker of the House to use the General Counsel of the House of Representatives to defend the Affordable Are Act in Federal court. Bills/Laws S.2736 (115th): Asia Reassurance Initiative Act of 2018 Law Text Became law on New Year's Eve 2018 H.R.695 - Department of Defense Appropriations Act, 2018 Law Text S.2322 - CURD Act Law Text Final Vote Results: 230-162 H.R.6061 - Secure Fence Act of 2006 Vote Summary Public Law 109-13 - Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 Additional Reading Tweet: Eric Blake on the Government Shutdown, Jan 9, 2019. Article: FDA says most food inspections halted amid shutdown by Eminy Birnbaum, The Hill, January 9, 2019. Article: White House to put Medicare cuts on hold during shutdown by Paul M. Krawszak, Roll Call, January 8, 2019. Article: Over 100 affordable housing contracts expire due to shutdown by John Bowden, The Hill, January 8, 2019. Article: Indian Health Service urban programs threatened by government shutdown by Susannah Luthi, Modern Healthcare, January 7, 2019. Article: House Democrats pass government funding bills, Pelosi jokes she'd give Trump $1 for a wall by Lindsey McPherson, Roll Call, January 2, 2019. Report: New house rules for Puerto Rico Resident Commissioner, Puerto Rico Report, January 2, 2019. Tweet: House Rules tweet to Rachel Maddow segment on CURD Act, December 21, 2018. Article: Republicans are preventing their tax bill from triggering a $25 billion cut to Medicare by Tara Golshan, Vox, December 21, 2017. Report: Southwest border security: Additional actions needed to better assess fencing's ontributions to operations and provide guidance for identifying capability gaps, U.S. Government Accountability Office, February 16, 2017. Article: Border wall breached 9,000 times. Does it even work? by Scott Bronstein, Curt Devin and Drew Griffin, CNN Politics, February 16, 2017. Report: Barriers along the U.S. borders: Key authorities and requirements by Michael John Garcia, Congressional Research Service, January 27, 2017. Article: Trump says they were going to build a wall in '06, but environmental rules got in the way by Miriam Valverde, Politifact, August 29, 2016. Article: Border-fence project hits a snag by Stephanie Simon, The Wall Street Journal, February 4, 2009. Article: Government issues waiver for fencing along border by Randal C. Archibold, The New York Times, April 2, 2008. Report: With Senate vote, Congress passes border fence bill by Jonathan Weisman, The Washington Post, September 30, 2006. Sound Clip Sources Video: Call Your Representative and Tell Them to Vote Against PAYGO NOW! The Majority Report with Sam Seder, YouTube, January 8, 2019. Rep. Ro Khanna: "People hear the word PAYGO, they tune out. They think it's some inside baseball technical jargon related to Congress. Let me tell you: It is a very important issue. It would be unilateral disarmament for House Democrats to adopt PAYGO. The Republicans never did. They passed massive tax cuts for the 1% and they didn't have any spending cuts to pay for those tax cuts. They never do." Rep. Ro Khanna: "Now that House Democrats are in charge, some folks want us to limit our policies by adopting PAYGO. Here's what it would mean: If we have PAYGO, then to do something like Medicare for All, to do something like expanding social security, to do something like a bold infrastructure plan or a Green New Deal would require us to negotiate against ourselves. We would require cuts in programs that many of us value and like. We shouldn't do that. The Republicans didn't govern that way." Rep. Ro Khanna: "Paygo would be a terrible policy" House Session: Consideration of Rules for New Congress, Part 3, House of Representatives, January 3, 2019. Hearing: Rules Committee Hearing S. 2322, House of Representatives,YouTube, December 21, 2018. News Story: Rep. Jordan: We have to fund Trump's border wall now, Fox Business Network, December 18, 2018. Resources Congress.gov: Appropriations for FY 2019 Congressional Record: December 21, 2018 Obama White House Archives: The Statutory Pay-As-You-Go Act of 2010: A Description Roll Call: [A Congressional Glossary Continuing Resolution Emergency Spending Sequester Vote Results: Child Protection Improvements Act of 2017, December 20, 2018. Community Suggestions See Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

People in power tell us constantly that China is a threat but... Why? In this episode, we explore the big picture reasons why China poses a threat to those in power in the United States and what our Congress is doing to combat that threat. Spoiler alert: There's a another U.S. military build-up involved. Please Support Congressional Dish – Quick Links Click here to contribute monthly or a lump sum via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Send Cash App payments to: $CongressionalDish or Donation@congressionaldish.com Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North, Number 4576, Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD116: TPP - The Environment Chapter CD115: TPP - Access to Medicine CD114: Trans-Pacific Partnership (TPP) Investment Chapter CD095: Secret International Regulations (TPA & TPP) CD060: Fast Track for TPP CD053: TPP - The Leaked Chapter CD052: The Trans-Pacific Partnership (TPP) Bills/Laws H.R. 5105: BUILD Act of 2018 Became law as a part of H.R. 302: FAA Reauthorization Act of 2018 BUILD Act text from FAA law Purposes for which support may be provided The new bank "may designate private, nonprofit organizations as eligible to receive support… to promote development of economic freedom and private sectors" and "to complement the work of the United States Agency for International Development and other donors to improve the overall business enabling environment, financing the creation and expansion of the private business sector." Powers of the new development bank The bank "shall have such other powers as may be necessary and incident to carrying out the functions of the Corporation" S. 2736: Asia Reassurance Initiative Act of 2018 Sec. 101: Policy "Promotes American prosperity and economic interests by advancing economic growth and development of a rules-based Indo-Pacific economic community" Sec 102: Diplomatic Strategy To support the "Association of Southeast Asian Nations", "Asia-Pacific Economic Cooperation", and the "East Asia Summit" #1: Emphasize our commitment to "freedom of navigation under international law" #7 : "Develop and grow the economy through private sector partnerships between the United States and Indo-Pacific partners" #8: "To pursue multilateral and bilateral trade agreements … and build a network of partners in the Indo-Pacific committee to free markets" #9: To work with Indo-Pacific countries to pursue infrastructure projects and "to maintain unimpeded commerce, open sea lines or air ways, and communications" Sec. 201: Authorization of Appropriations Authorizes $1.5 billion for each fiscal year 2019 through 2023 to be divided among the State Dept., USAID, and the Defense Dept. Congressional Budget Office: The total authorization is almost $8.6 billion The money is allowed to be used for "foreign military financing and international military education and training programs" The money is allowed to be used "to help partner countries strengthen their democratic systems" The money is allowed to be used to "encourage responsible natural resource management in partner countries, which is closely associated with economic growth" Sec. 205: United States-ASEAN Strategic Partnership Sense of Congress expressing the value of "strategic economic initiatives, such as activities under the United States-ASEAN Trade and Investment Framework Arrangement and the United States-ASEAN Connect, which demonstrate a commitment to ASEAN and the ASEAN Economic Community and build upon economic relationships in the Indo-Pacific region." Sec. 209: Commitment to Taiwan "The President should conduct regular transfers of defense articles to Taiwan" Sec 213 Freedom of Navigation and Overflight; Promotion of International Law "It is the sense of Congress that the President should develop a diplomatic strategy that includes working with United States allies and partners to conduct joint maritime training and freedom of navigation operations in the Indo-Pacific region, including the East China Sea and the South China Sea, in support of a rules-based international system benefitting all countries." Sec. 215: Cybersecurity Cooperation Authorizes $100 million for each year (2019-2023) to "enhance cooperation between the United States and Indo-Pacific nations for the purposes of combatting cybersecurity threats." Sec. 301: Findings; Sense of Congress Free trade agreements between the United States and three nations in the Indo-Pacific region have entered into force: Australia, Singapore, and the Republic of Korea According to the National Security Strategy, the United States will "work with partners to build a network of stated dedicated to free markets and protected from forces that would subvert their sovereignty." Sec. 304: Trade Capacity Building and Trade Facilitation (a) "The President is encouraged to produce a robust and comprehensive trade capacity building and trade facilitation strategy, including leveling the playing field for American companies competing in the Indo-Pacific region." Authorization of Appropriations:"There are authorized to be appropriated such amounts as many be necessaryto carry out subsection (a)." Sec. 305: Intellectual Property Protection The President "should" take "all appropriate action to deter and punish commercial cyber-enabled theft of intellectual property" and orders a report on the government's efforts to do so. Authorization of Appropriations: "There are authorized to be appropriated to the United States Trade Representative such amounts as may be necessary to sponsor bilateral and multilateral activities designed to build capacity in the identified priority areas" in the report Sec. 306: Energy Programs and Initiatives Orders the President to create a strategy, updated every 5 years, to "encourage" Indo-Pacific countries to "implement national power strategies and cooperation with United States energy companies and the Department of Energy national laboratories" Authorization of Appropriations: $1 million per year from 2019 through 2023 Sense of Congress: "the United States should explore opportunities to partner with the private sector and multilateral institutions, such as the World Bank and the Asian Development Bank, to promote universal access to reliable electricity in the Indo-Pacific region, including Myanmar (Burma)" Sec. 409: Authorization of Appropriations $210 million each year (2019-2023) to "promote democracy" and the money can be given to "universities, civil society, and multilateral institutions that are focusing on education awareness, training, and capacity building." This money can be spent to "promote democracy" in China. Sec. 411: Young Leaders People-to-People Initiatives Authorizes $25 million per year (2019-2023) to support the "Young Southeast Asian Leaders Initiative, the ASEAN Youth Volunteers program, and other people-to-people exchange programs that focus on building the capacity of democracy, human rights, and good governance activities in the Indo-Pacific region." Sec. 412: Savings Program "Nothing in this Act may be construed as authorizing the use of military force." HR 5515: John S. McCain National Defense Authorization for Fiscal Year 2019 Sec. 1252 Amends the NDAA for 2016, which authorized the South China Sea Initiative providing military equipment and training to Indonesia, Malaysia, the Philippines, Thailand, and Vietnam, to change the name of the program to the "Indo-Pacific Maritime Security Initiative" and expands the authorization to include the Indian Ocean in addition to the South China Sea and the countries of Bangladesh and Sri Lanka. Adds India to the list of countries allowed to be paid for expenses, along with Brunei, Singapore, and Taiwan. Extends the expiration date from September 30, 2020 to December 31, 2025. Sec. 1253 Changes the name of the military build-up authorized in NDAA 2018 from the "Indo-Asia-Pacific Stability Initiative" to the "Indo-Pacific Stability Initiative". Changes the activities authorized to include an increase in "rotational and forward presence" of the US Armed Forces and adds the prepositioning of "munitions" in addition to equipment. Expands the options for funding by removing the requirement that funding come "only" from a section 1001 transfer authority. Requires a 5 year plan be submitted to Congress by the Secretary of Defense by March 1, 2019. Public Law 115-91: National Defense Authorization Act for Fiscal Year 2018 Sec 1251 Authorized the "Indo-Asia-Pacific Stability Initiative" to "increase the presence and capabilities" of the United States Armed Forces in the region by building new infrastructure, "enhance the storage and pre-positioning in the Indo-Asia-Pacific region of equipment of the United States Forces", and with military training and exercises with allies. Sound Clip Sources Hearing: Democracy Promotion in a Challenging World Senate Foreign Affairs Committee, June 14, 2018. Transcript Watch on YouTube Witnesses: Carl Gershman - National Endowment for Democracy: President Daniel Twining - International Republican Institute: President Kenneth Wollack - National Democratic Institute: President Timestamps & Transcripts 1:43:38 Representative Michael McCaul (TX): I had a briefing yesterday in a classified setting on ZTE and Huawei, and their efforts to conduct espionage in this country. I've also seen them in Sri Lanka where they have burdened them with so much debt that they had to turn over a strategic port to the Chinese. We see the Chinese now in Djibouti for the first time, and we see them leveraging the continent of Africa into so much debt that they will be able to eventually take over these countries. They exploit them. They bring in their own workers—they don't even hire the host countries' workers—and they export their natural resources in what is this One Belt, One Road policy. 1:45:00 Carl Gershman: In March, The Economist magazine had a cover story on China, and the bottom line of the cover story was—and this is a direct quote—''The West's 25-year bet on China has failed.'' The bet was that if China was brought into the World Trade Organization, was encouraged to grow economically, it would become a more liberal society and be part of the liberal world order. 1:46:26 Carl Gershman: It's a problem with the Belt and Road Initiative, which is not just an economic expansion. This is intimately tied to China's geopolitical and military strategy precisely to get strategic ports in Sri Lanka or in Maldives because countries fall into the debt trap and pay back by leasing their ports. 1:58:05 Representative Ted Yoho (FL): They're a form of socialism with Chinese characteristics, and, as we all know, that's communism. Our form of government empowers the people. Empowered people reach their full potential. China empowers the government where the people are suppressed for the benefit of the government. 2:00:10 Daniel Twining: It's the surveillance architecture. This Orwellian total surveillance state they're building with artificial intelligence and facial recognition and all this stuff. It's very attractive, as you say, not to people but to leaders. 2:07:52 Representative Ted Poe (TX): Globally, what do you personally see is the number-one entity that is a threat to democracy worldwide? Is it China? Is it Russia? Is it North Korea? Is it ISIS? Is it Iran? Pick one. Pick the one you think is the threat. Carl Gershman: China. Rep. Poe: China. Gershman: China. Rep. Poe: Mr. Twining. Daniel Twining: China. Rep. Poe: Mr. Wollack. Kenneth Wollack: Russia. Rep. Poe: Russia. Russia and China. Hearing: The China Challenge, Part 1: Economic Coercion as Statecraft, Senate Foreign Relations Subcommittee on East Asia, the Pacific, and International Cybersecurity, July 24, 2018. Witnesses: Dan Blumenthal: Director of Asian Studies and Resident Fellow at the American Enterprise Institute Ely Ratner: Vice President and Director of Studies at the Center for a New American Security Timestamps and Transcripts 33:49 Chairman Senator Cory Gardner (CO): This hearing will be the first hearing in a three-part series of hearings titled The China Challenge and will examine how the United States should respond to the challenge of a rising China that seeks to upend and supplant the U.S.-led liberal world order. 34:12 Chairman Senator Cory Gardner (CO): According to the National Security Strategy, for decades U.S. policy was rooted in the belief that support for China's rise and for its integration into the post-war international order would liberalize China. Contrary to our hopes, China expanded its power at the expense of the sovereignty of others. According to the National Defense Strategy, the central challenge to U.S. prosperity and security is the reemergence of long-term strategic competition by what the National Security Strategy classifies as revisionist powers. It is increasingly clear that China and Russia want to shape a world consistent with their authoritarian model: gaining veto authority over other nations' economic, diplomatic, and security decisions. 35:28 Chairman Senator Cory Gardner (CO): The question before us now is identifying the tools the United States has at its disposal to counter the disturbing developments posed by China's less-than-peaceful rise. This is why Senator Markey and I and a bipartisan group of co-sponsors in the Senate joined in introducing the Asia Reassurance Initiative Act, or ARIA, on April 24. The legislation sets a comprehensive policy framework to demonstrate U.S. commitment to a free and open Indo-Pacific region and the rules-based international order. ARIA provides a comprehensive set of national security and economic policies to advance U.S. interests and goals in the Indo-Pacific region, including providing substantive U.S. resource commitments for these goals. I'm joined in this legislation on the committee by Senator Kaine, Senator Coons, Senator Cardin, Senator Markey, by Senator Rubio, and Senator Young, as well as Senators Sullivan and Perdue and Graham. 38:12 Chairman Senator Cory Gardner (CO): Our first witness is Senator—is Dan Blumenthal—I almost gave you a demotion there, Dan—who serves as director of Asian studies and resident fellow at the American Enterprise Institute. Mr. Blumenthal has both served in and advised the U.S. government on China issues for nearly two decades. From 2001 to 2004 he served as senior director for China, Taiwan, and Mongolia at the Department of Defense. Additionally, from 2006, 2012 he served as a commissioner on the U.S.-China Economic and Security Review Commission, including holding the position of vice chair in 2007. 38:54 Chairman Senator Cory Gardner (CO): Our second witness today is Ely Ratner, who serves as the vice president and director of Studies at the Center for a New American Security. Mr. Ratner served from 2015 to 2017 as the deputy national security advisor to Vice President Joe Biden, and from 2011 to 2012 in the Office of Chinese and Mongolian Affairs at the State Department. He also previously worked in the U.S. Senate as a professional staff member on the Senate Foreign Relations Committee and in the office of Senator Joe Biden. 42:01 Dan Blumenthal: I have to state that the era of reform and opening in China is over. It's been long over. It's been over, probably for 10 years. And China is back to being run by state-owned enterprises that are related to the party. The private sector is diminishing. That provides the Chinese state with a lot more control over economic coercive policies. 49:27 Ely Ratner: First, the Senate Foreign Relations Committee should hold hearings on the cost and benefits of rejoining the Trans-Pacific Partnership. Rejoining TPP is among the most important things we can do to advance our economic position in Asia and erode the effectiveness of China's economic coercion. By contrast, U.S. withdrawal has done substantial damage to our standing in the region and is facilitating the development of a Chinese sphere of influence in Asia and beyond. Rejoining TPP would renew confidence in the credibility and commitment of the United States, help to re-route supply chains in the region, open new markets for U.S. companies, and ultimately reduce China's economic leverage. 56:28 Senator Ed Markey (MA): And through its Belt and Road Initiative, BRI, China is burdening countries receiving infrastructure loans with debts so extreme that they begin to undermine their own very sovereignty. According to a recent New York Times report, this Belt and Road Initiative amounts to a debt trap for vulnerable countries around the world, fueling corruption and autocratic behavior in struggling democracies. 59:30 Senator Cory Gardner (CO): Mr. Blumenthal, you mentioned in your opening statement, you talked about the economic opening in China being over. Could you go into a little bit more detail of what you mean by that? Dan Blumenthal: So, the period of reform and opening, which Deng Xiaoping began in 1978 and allowed for the great growth of China, the great growth of the private sector, private-sector entrepreneurs and brought so many Chinese out of poverty and benefitted the world, ended, probably 10 years ago, the Chinese we now know. The Chinese have gone back to the state sector dominating, taking out room for entrepreneurs to grow. They've gone back to things like price controls. They've gone back to things like lending on the basis of non-market, non-profitable lending but rather through patronage from the party to state-owned enterprises. They certainly haven't moved any further than they were 10, 12 years ago on market access, things that we've been pressing for. They haven't stopped subsidizing. In fact, they've doubled down on subsidizing their state-owned enterprises, which is probably the single biggest cause of probably the WTO stalling as much as it has. And Xi Jinping is certainly not taking China down the road of another round of market reforms—quite the contrary. He's a statist and favoring state-owned enterprises and the subsidization of state-owned enterprises over the private sector. 1:11:42 Ely Ratner: China is going to use its economic clout to try to achieve its geopolitical aims, which include dividing American alliances and eroding the influence of the United States in the region. So I think that was a very important episode. It was very revealing. I think we can talk about trying to incorporate China into a rules-based order. I don't think that's where we're going to be in the next several years. I think what we have to do is pull up our socks, get more competitive, slow down Chinese momentum in its efforts to develop this sphere of influence. That's a much more urgent task than a long-term goal of developing a rules-based order. 1:13:44 Senator Todd Young (IN): Mr. Ratner, thanks for your testimony. As I reviewed your written statement, you seem to be making a pretty simple argument with very serious implications. In short, you seem to be saying we're in a high-stakes competition with China, that China does not accept this rules-based international order we had hoped to welcome them into back in 2000. The legitimacy of that order and the institutions that were stood up to oversee that order are not respected by China. China, instead, respects power. And we as a nation have insufficient leverage, it seems, to be able to affect the sort of change we want with respect to intellectual-property theft, joint-licensing requirements, dumping, and so many other things. What we lack—and this is language you employed—is a comprehensive strategy. Is that a fair summary of your viewpoint, Mr. Ratner? Ely Ratner: Yes, sir. 1:21:05 Ely Ratner: When it looked like the United States was going to join the Trans-Pacific Partnership and that agreement was going to pass, the Chinese were starting to ask questions quietly at senior levels, with American officials about what they would need to do down the road to improve their practices to join that agreement, and obviously, those conversations are no longer happening today. 1:22:30 Senator Jeff Merkley (OR): Mr. Ratner, under WTO, is China allowed to offer subsidies to its businesses? Ely Ratner: Senator, I'm not a trade lawyer, so I can't get into the weeds of WTO law, but I think the answer is no, and there're several other dimensions in which they're not in compliance with the agreement. Sen. Merkley: Under the WTO, China is required to do an annual report of all of its subsidies to different enterprises. Does it do that report? Ratner: I believe not, Senator. Sen. Merkley: So, when it fails to do the report, we are, under the WTO, allowed to do a report on their subsidies. I did an amendment a few years ago that said if China doesn't produce a report, our trade representative will be directed to produce our report. And before that amendment, the ink could dry on it, our trade rep under President Obama produced a list of 200 Chinese subsidies, subsidies we're well aware of but rarely kind of articulated. So that's—so we certainly have an understanding of massive Chinese subsidies that are not allowed under WTO. How about to offer loans at non-market rates? Ratner: I believe not, sir. Sen. Merkley: Or to provide land for free as a form of subsidy? Ratner: I think that's right, as well as forced technology transfer and a number of other practices. Sen. Merkley: And how about being required—for our companies to be required to locate in a particular part of China where the infrastructure is inferior to other locations? Ratner: Correct. Sen. Merkley: A couple years ago, when I was a part of a delegation to China, we were at a meeting of the U.S. Chamber of Commerce in which many of these practices were highlighted, but one company in particular stood up and said, and I won't name the exact company because they probably didn't want it too much publicized at the time, but they said they were basically told, we have to put our manufacturing center in this far-western city, far from the port infrastructure; we are told we cannot build any size of item that is in direct competition with the Chinese items; they were told they only could build larger versions that the Chinese weren't yet building, or they would be shut down and shut out of the country. Is that type of activity by the Chinese legal under the WTO? Ratner: No, sir. Sen. Merkley: And what about requiring American companies to do joint-venture arrangements in order to be able to locate in China? Ratner: Also, not part of the agreement. Sen. Merkley: So, and you're familiar with how these joint-venture agreements are often used as a way to drain U.S. technology? Ratner: Yes, sir. Sen. Merkley: So, what does one say to the American citizen who says, "China is violating all of these rules, and the WTO has no mechanism by which we appear to be able to hold them accountable. Why shouldn't we work intensely to create an ability to hold China accountable to the structure of the WTO?" Ratner: I think that was the intention of the Trans-Pacific Partnership. 1:45:22 Senator Cory Gardner (CO): In recent writings in the Wall Street Journal, quotes from President Xi, China has its own ideas about how the world should be run, and as he put it, "to lead in the reform of global governance." Another quote, or another statement, "in at least eight African countries, as well as some in Southeast Asia, Chinese officials are training their counterparts in how to manage political stability through propaganda and how to control media and the Internet," and that the China model provides "a new option for other countries who want to speed up their development while preserving their independence." And finally this: China has committed to train 10,000 political elites in Latin America by 2020. All of this speaks to the need for what you have described, Mr. Ratner, what you have described, Mr. Blumenthal, is U.S. leadership and U.S. response, whether it's the BUILD Act, whether it's legislation that Senator Young has described, the legislation that we have co-sponsored together—the Asia Reassurance Initiative Act. This is a time for U.S. leadership, and it's a time to stand boldly for our values that have empowered the world to be a better place, that has lifted up hundreds of millions of people around the globe up and out of poverty through a system of rules and standards that don't favor one country over another but that give people a chance to participate in global governance and that global rise. Hearing: The China Challenge, Part 2: Security and Military Developments, Senate Foreign Relations Subcommittee on East Asia, the Pacific, and International Cybersecurity, Septemer 5, 2018. Witnesses: Dr. Oriana Skylar Mastro: American Enterprise Institute Abraham Denmark: Director of the Asia Program at the Woodrow Wilson International Center for Scholars Timestamps and Transcripts 27:50 Chairman Cory Gardner (CO): Our first witness is Dr. Oriana Skylar Mastro, who is the Jeane Kirkpatrick visiting scholar at the American Enterprise Institute where she focuses on Chinese military and security policy in the Asia Pacific. She is also assistant professor of Security Studies at the Edmund A. Walsh School of Foreign Service at Georgetown University and serves in the United States Air Force Reserve as a political-military affairs strategist at Pacific air forces. Previously, Dr. Mastro was a fellow in the Asia-Pacific security program at the Center for a New American Security. 28:25 Chairman Cory Gardner (CO): Also joined on the panel by Abraham Denmark, who is director of the Asia program at the Woodrow Wilson International Center for Scholars. Prior to joining the Wilson Center, Mr. Denmark served as deputy assistant secretary of defense for East Asia, where he supported the secretary of defense and other U.S. senior government leaders in the formulation and implementation of national security strategies and defense policies toward the region. Mr. Denmark also previously worked as senior vice president for political and security affairs at the National Bureau of Asian Research, a fellow at the Center for a New American Security, and held several positions in the U.S. intelligence community. 42:40 Oriana Skylar Mastro: What China is doing is they're exploiting gaps in the order. So, we talk about the U.S.-led international order and whether China is challenging it or not. But in reality, there's many areas of the order that lacks certainty, or ambiguous, don't have consensus. So I would label cybersecurity as one of these areas. And so what China does is it's trying to build consensus or work on the periphery of the order. So, for example, when they did One Belt, One Road, and they initially moved to the central Asia, they weren't challenging the United States, because the United States was not there. And so I would say that in addition to strengthening our relationship with traditional partners and allies, the United States needs to think more broadly about its relationships with countries around the globe. Also, in terms of the security initiative, I would recommend that we think more about demand not supply, in kind of business terms. You often, at least in my experience, you think about what the United States has to offer in terms of security assistance, and then we try to put together packages, whether it's visits, port visits, or a rotation of a squadron or what have you, instead of looking at what those countries actually demand. And so we should move away from this model of increasing advertising and hoping that countries around the world will decide they want what we have to offer, and instead try to look at what they actually want and start supplying that. 1:05:45 Senator Ed Markey (MA): Should the United States abandon the rules-based international system, and what would the concessions be that we would try to extract in order to take such a step? Dr. Mastro. Oriana Skylar Mastro: So, sir, I don't think we should abandon it. Instead, what I'm arguing for is an expansion of that system. I think that actually the international, is very limited. If you look at the definition, the party to that order, the amount of countries that actually might be involved in certain treaties, it's not every country possible. For example, India has very different views on things like cybersecurity than the United States does. And so I think if we could manage to build consensus in these areas of uncertainty, we could actually shape China's choices. And to that end, that gives the United States a lot of political power because the bottom line is one of the main differences between today and maybe 10 years ago is for the United States, the security benefits that we give to our partners, allies, in the region are no longer enough to outweigh the economic benefits that they get from interacting with China. And so we need a security-benefits-plus type of strategy in which we think also about the economic benefits, which is difficult under the current administration, given the trade policy, but also those political benefits by building new international institutions and building new norms and consensus around areas where that consensus has failed to date. 1:07:08 Chairman Cory Gardner (CO): Going back to the question I started to talk about, just the investments that China has made in South America, the investments China is making in Central America. If you look at investments in Panama, El Salvador, and at least apparently in El Salvador, as perhaps part of an agreement as it relates to the decision El Salvador made on Taiwan. Look at the sale of submarines to countries—Thailand—do we see that as continued opportunity for China's military expansion? Will we see military basing affecting U.S. operations in Thailand? Will we see, perhaps, an opportunity for military entrance into Central America, into South America, China, basing, even, perhaps? Mr. Denmark. Abraham Denmark: Well, I think there's a lot that remains to be seen. I don't think there's a definitive yes or no answer to that question, but I do expect that Djibouti be the first overseas base that China has established. I fully expect that that will not be the last. Where additional facilities may pop up remains to be seen. I personally would expect more facilities to be established along the trade routes from the Western Pacific, through the Indian Ocean, into the Middle East. I would expect to see more there than before I'd expect to see them in Latin America, primarily because of China's economic interests, but it remains to be seen. 1:20:00 Senator Ed Markey (MA): In September of 2013, China began a concerted effort to build artificial islands in the South China Sea by crushing coral reefs into sand. It built land features where none previously existed. On top of that, China expanded small outposts into military bases capable of conducting operations. Admiral Philip Davidson, the commander of the United States Indo-Pacific Command, stated this year that China's militarization of the Spratly Islands in the South China Sea means "China is now capable of controlling the South China Sea in all scenarios, short of a war with the United States." Ms. Mastro, what considerations or challenges do these bases pose for other claimants and the United States in peacetime, in the gray zone, or in conflict? In other words, what are the implications of China's military bases in the South China Sea? Oriana Skylar Mastro: So, militarily, sir, they expand the range of Chinese capabilities. And so I think I made the point previously that it's difficult for us to conceive of fighting a war with China using our bases in Korea and Japan, and that's primarily because of the range of conventional precision-guided munitions that China has that can reach those bases and render them inoperable. In the South China Sea, which is about the size of the United States, China's power-projection capabilities historically have been quite limited. And in the report, for example, one thing that was highlighted was the H-6K, when it has ______(01:37), now China can extend its range to 3,300 kilometers. But if you actually have bases there, coupled with carriers, then China's able to sustain combat sorties, for example, for longer periods of time and at farther ranges than it was before. And this is what allows it to be able to control, as the quote suggested, large areas of the South China Sea, the air, and the sea. I would just mention on the gray-zone side, that China can engage in gray-zone activities only because the United States allows it to. There's nothing that, as far as I understand it, there's nothing that tells us that, for example, if China says, "Well, this is a Coast Guard," that we can't respond with the use of the U.S. Navy. We are too concerned about escalation, and China knows this. They don't believe in miscalculation and in inadvertent escalation, and so they use this to their advantage. And we should start being very clear about what our redlines are and, obviously, being then able to follow through with that. 1:42:30 Senator Ed Markey (MA): I just have one final area of questioning, if I may, and that just goes back to the Belt and Road Initiative which has resulted in a very generous policy by China of loaning money to countries, which they then can't pay back, which then results in China being able to extract huge long-term concessions from those countries. Sri Lanka, just a perfect example where they've now had to give up a 99-year lease to the Chinese company, which is partially owned by the Chinese government, 15,000 acres of land. And now it appears there are more countries that are deciding to reconsider how far in debt they want their countries or companies to be to a Chinese entity. But at the same time, President Xi, just in the last few days has announced a new $60 billion program—grants, loans—around the world, on top of the $60 billion program that they've had in the past that now has these consequences. So, what are the implications for the United States, for global security, of these Chinese strategies in country after country to gain access, or control over, ports in countries? And what would you recommend to the United States that we do to try to make sure that we minimize the ability of this Belt and Road program to build economic and security relationships with companies in a way almost giving them offers they can't refuse so they become deeper indebted and more entangled into Chinese foreign policy objectives? 1:48:09 Abraham Denmark: The initiative announced several weeks ago by Secretary of State Pompeo in this vein to enhance U.S. engagement, economic engagement, in these areas I thought was a good indication of seeing the problem and trying to address it, not trying to copy the Chinese system, but playing to American strengths of the free market and American corporations. Hearing: The China Challenge, Part 3: Democracy, Human Rights, and the Rule of Law, Senate Foreign Relations Subcommittee on East Asia, the Pacific, and International Cybersecurity, December 4, 2018. Watch on C-SPAN Witnesses: Laura Stone: Acting Deputy Assistant Secretary, Bureau of East Asian and Pacific Affairs at the US Department of State Scott Busby: Deputy Assistant Secretary for Human Rights and Labor at the US Department of State Gloria Steele: Acting Assistant Administrator, Bureau for Asia at USAID Timestamps and Transcripts 01:23:05 Senator Ed Markey (MA): Around the world, all countries, including the United States, rely on the rules-based international order to underpin security and prosperity to help provide a level playing field, to provide the maximum opportunity for the greatest number of people, and to defend and protect certain fundamental rights. So it is of the utmost importance that we do everything in our power to ensure that this system remains. 01:30:00 Senator Cory Gardner (CO): Our first witness is Scott Busby, who serves as deputy assistant secretary of state at the Bureau of the Human Right, Democracy, and Labor. Previously, he served as director for human rights on the National Security Council in the White House from 2009 to 2011, where he managed a wide range of human rights and refugee issues. 01:36:20 Scott Busby: My bureau, DRL, is implementing $10 million of FY 2018 economic support funds to support human rights in China, just as we have done for the past several years. Nevertheless, such programs are increasingly challenged by the difficult operating environment in China, including the new and highly restrictive foreign NGO management law. 1:59:58 Senator Marco Rubio (FL): And then you see sort of what the global reaction has been to it, and there's reason to be concerned that this post-World War II, pro-democracy, pro-human rights, global norms are being eroded and reshaped and that China is using its geopolitical heft and its economic power to push it in that direction. Meeting: Press availability at the 51st ASEAN Foreign Ministers' Meeting and related meetings, August 4, 2018. Speaker: Secretary of State Mike Pompeo Timestamps and Transcripts 1:15 Secretary of State Mike Pompeo: "Throughout my ASEAN-centered engagements these past days I've conveyed President Trump's commitment to this vital part of the world that continues to grow in importance. Security has been a major focus of our conversations. As part of our commitment to advancing regional security in the Indo-Pacific, the United States is excited to announce nearly $300 million in new funding to reinforce security cooperation throughout the entire region." 4:50 - Secretary of State Mike Pompeo: "As I said earlier this week, the United States practices partnership economics; we seek partnership, not dominance. Earlier this week at the Indo-Pacific Business Forum hosted by the United States Chamber of Commerce, I outlined the Trump administration's economic strategy for advancing a free and open Indo-Pacific, and I talked about why U.S. businesses' engagement in the region is crucial to our mission of promoting peace, stability, and prosperity. There is no better force for prosperity in the world than American businesses. When nations partner with American firms, they can have confidence they are working with the most scrupulous, well-run, and transparent companies in the world. As a down payment on a new era in American economic commitment to a free and open Indo-Pacific, I announced at the forum $113 million in new U.S. Government resources to support foundational areas of the future: the digital economy, energy, and infrastructure. In addition, the Trump administration is working with Congress to encourage the passage of the BUILD Act. It recently passed the U.S. House of Representatives and now before the United States Senate. Under this bill, the government's development finance capacity would more than double to $60 billion to support U.S. private investment in strategic opportunities abroad." Meeting: Beyond NAFTA and GATT, National Association Southern Center, April 20, 1994. Speaker: Arthur Dunkel - Director of the UN Wrote the "Dunkel Draft" in 1991, a 500 page general outline of what became the WTO 3 years later - it's basically the WTO's Constitution "Retired" from GATT in 1993, became a "trade consultant", and served on the board of Nestle Is a registered WTO dispute panelist Transcript Arthur Dunkel: If I look back at the last 25 years, what did we have? We had two worlds: The so-called Market Economy world and the sadly planned world; the sadly planned world disappeared. One of the main challenges of the Uruguay round has been to create a world wide system. I think we have to think of that. Secondly, why a world wide system? Because, basically, I consider that if governments cooperate in trade policy field, you reduce the risks of tension - political tension and even worse than that." Additional Reading Article: Disney sets out international leadership team post-Fox deal by Stewart Clarke, Variety, December 13, 2018. Article: IMF delays Sri Lanka's loan discussion on political crisis, Reuters, November 20, 2018. Annual Report: U.S.-China Economic and Security Review Commission, USCC.gov, November 14, 2018. Article: Sri Lanka's political shake-up is a win for China by Bharath Gopalaswamy, Foreign Policy, October 29, 2018. Article: Sri Lanka to secure sixth tranche of $250 million IMF's EFF, Press Reader, Sunday Times (Sri Lanka) October 14, 2018. Article: The BUILD Act has passed: What's next? CSIS, October 12, 2018. Article: Power play: Addressing China's belt and road strategy by Daniel Kliman and Abigail Grace, CNAS, September 20, 2018. Article: Taiwan's monthly minimum wage to increase by 5% in 2019 by Keoni Everington, Taiwan News, September 6, 2018. Fact Sheet: U.S. security cooperation in the Indo-Pacific region, U.S. Department of State, August 4, 2018. Article: Treasury weakens donor disclosure requirements for some nonprofits by Michael Wyland, Nonprofit Quarterly, July 18, 2018. Article: China is doing the same things to Sri Lanka that Great Britain did to China after the opium wars by Panos Mourdoukoutas, Forbes, June 28, 2018. Article: Chinese firm pays $584 million to secure 99-year lease of Sri Lanka port by Reuters, GCaptain, June 26, 2018. Article: How China go Sri Lanka to cough up a port by Maria Abi-Habib, The New York Times, June 25, 2018. Article: China's use of cercive economic measures by Peter Harrell, Elizabeth Rosenberg, and Edoardo Saravalle, CNAS, June 11, 2018. Article: China's military escalation by The Editorial Board, WSJ, June 4, 2018. Article: China owns US debt, but how much? by Investopedia, April 6, 2018. Article: China's military facilities in South China Sea 'almost ready' by Raul Dancel, The Straits Times, February 6, 2018. Report: China's economic rise: History, trends, challenges, and implications for the United States by Wayne M. Morrison, Congressional Research Service, February 5, 2018. Article: U.S. leadership needed in the Asia-Pacific by James W. Fatheree, U.S. Chamber of Commerce, November 17, 2017. Article: China's new island-building ship raises the stakes in South China Sea by Dan Southerland, Radio Free Asia, November 10, 2017. Report: Taiwan: Issues for Congress, Congressional Research Service, October 30, 2017. Article: Inside the fight for OPIC reauthorization by Adva Saldinger, devex, February 21, 2017. News Release: Charles A Kupchan and Ely Ratner join CFR as Senior Fellows, Council on Foreign Relations, February 15, 2017. News Report: PG&E receives maximum sentence for 2010 San Bruno explosion by Kate Larsen, ABC 7 News, January 26, 2017. Article: Lockheed Martin scores $395M DHS security operations center contract by Billy Mitchell, Fed Scoop, September 9, 2016. Article: Terror in Little Saigon by A.C. Thompson, ProPublica, November 3, 2015. Article: Taiwan multinationals serving a broader role by Molly Reiner, Taiwan Business TOPICS, October 28, 2015. Article: China's island factory by Rupert Wingfield-Hayes, BBC News, September 9, 2014. Article: Why was the Dalai Lama hanging out with the right-wing American Enterprise Institute? by David Rose, Vanity Fair, February 26, 2014. Article: The secret foreign donor behind the American Enterprise Institute by Eli Clifton, The Nation, June 25, 2013. Article: Inside the secretive dark-money organization that's keeping the lights on for conservative groups by Walt Hickey, Business Insider, February 12, 2013. Article: How Beijing won Sri Lanka's civil war, Independent, May 23, 2010. Article: The one-year review: Obama's Asia policies by Daniel Blumenthal, Foreign Policy, November 3, 2009. Article: Former high-ranking Bush officials enjoy war profits by Tim Shorrock, Salon, May 29, 2008. Report: ChoicePoint sold to LexisNexis parent, Atlanta Business Chronicle, February 21, 2008. Article: Scientists offered cash to dispute climate study by Ian Sample, The Guardian, February 2, 2007. Article: The man who said to much by Michael Isikoff, Newsweek, September 3, 2006. Article: Put a tiger in your think tank, Mother Jones, May/June 2005 Article: What I didn't find in Africa by Joseph C. Wilson, The New York Times, July 6, 2003. Article: Armitage is ready to step into ring by Steven Mufson, The Washington Post, February 14, 2001. Article: Advocacy and lobbying without fear: what is allowed within a 501(c)(3) charitable organization by Thomas Raffa, Nonprofit Quarterly, September 21, 2000. Resources About Page: The CNA Coporation About Page: Kasowitz Benson Torres LLP About Page: The National Bureau of Asian Research About Page: Oriana Skylar Mastro AEI Scholar List: Dan Blumenthal AEI Scholar List: Oriana Skylar Mastro Alexander Hamilton Society: Our Principles American Enterprise Institute: Annual Report 2017 American Enterprise Institute: Board of Trustees American Enterprise Institute: Jeane Kirkpatrick Fellowship and Scholars Program American Enterprise Institute: Leadership American Enterprise Institute: Scholars Armitage International: Our Team Biography: Scott Busby, Deputy Asst. Secretary, Bureau of Democracy, Human Rights, and Labor Cambridge University Press: Think Tanks, Public Policy, and the Politics of Expertise Center for New American Security: About CNAS Center for New American Security: Victoria Nuland, CEO CRS Report: U.S. Security Assistance and Security Cooperation Programs Center for Strategic & International Studies: Richard L. Armitage, Trustee Interactive Map: China Belt and Road Initiative IRS: Exemption Requirements - 501 (c)(3) Organizations LinkedIn Account: Oriana Skylar Mastro LinkedIn Account: Scott Busby LinkedIn Account: U.S.-China Economic and Security Review Commission Lockheed Martin: Board Members - Daniel F. Akerson OpenSecrets: American Enterprise Institute Park Hotels & Resorts: Board of Directors ManTech: Mission, Vision, and Values Report to Congress: U.S.-China Economic and Security Review Commission, November 2018 Right Web: American Enterprise Institute Search Results: Paul | Weiss Professionals Security Cooperation Programs: Fiscal Year 2017 Handbook Special Emergency Authorities Ukraine Security Assistance Initiative SourceWatch: American Enterprise Institute Ties to the Koch Brothers SourceWatch Infographic: Donors Trust Infographic Tesla Investors: James Murdoch Biography Website: American Enterprise Institute Website: Chartwell Strategy Group Website: CNAS Website: U.S.-China Economic and Security Review Commission Website: Wilson Center Whitehouse Publication: National Security Strategy of the United States of America, December 2017 Wilson Center: Abraham Denmark Wilson Center: Corporate Council World Trade Organization: Overview and Future Direction, updated Nov 29, 2018 Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Discover the work of the National Endowment for Democracy in manipulating information and interfering in elections. Explore the role of tech companies in censorship and the suspicion of a cover in the Russian interference narrative. Learn about the financial challenges faced in producing the podcast and the importance of listener support. Discuss the frustration with government lies and the call for transparency.

It's impossible to analyze the political calculations of world leaders without factoring in global energy. In this episode, listen along with Jen and Joe Briney as they listen to a U.S. Senate Committee on Energy and Natural Resources hearing examining the Global Energy Outlook, which has served to determine the foreign policy decisions of U.S. leaders throughout 2018. Please Support Congressional Dish - Quick Links Click here to contribute a lump sum or set up a monthly contribution via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North Number 4576 Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD167: Combating Russia (NDAA 2018) LIVE CD156: Sanctions - Russia, North Korea, Iran Sound Clip Sources Hearing: Full committee hearing to examine the domestic and global energy outlook, U.S. Senate Committee on Energy and Natural Resources, January 16, 2018. Watch on C-SPAN: Domestic and global energy outlook Witness Dr. Fatih Birol CV World Economic Forum: Faith Birol, Executive Director, International Energy Agency World Economic Forum: Leadership and Governance Debate: House Debate on Russia, Iran and North Korea Sanctions, C-SPAN, July 25, 2017. 15:15 Tim Ryan (OH): What's happening with these sanctions here in the targeting of Russian gas pipelines—their number one export—I think is entirely appropriate. The Nord Stream 2, which carries gas from Russia through the Baltics to Germany—and I know Germany isn't happy about it, but this is something that we have to do. And the point I want to make is we have to address this issue in a comprehensive way. We must continue to focus on how we get our gas here in the United States, our natural gas, to Europe, to our allies, so they're not so dependent on Russia. We've got to have the sanctions, but we've also got to be shipping liquid natural gas to some of these allies of ours so they're not so dependent on the Russians, which is part and parcel of this entire approach. Additional Reading Report: Nord Stream 2 AG built over 150 miles of gas pipeline despite US opposition, Sputniknews, November 21, 2018. Article: Kremlin excoriates Poland's 'clumsy' statement on Nord Stream 2, Russian Politics and Diplomacy, Tass.com, November 19, 2018. Article: Gloomy prospects in IEA's latest World Energy Outlook by Jason Deign, GTM, November 13, 2018. Article: As NATO gets ready for its biggest military exercise in years, things are heating up closer to Russia by Christopher Woody, Business Insider, October 24, 2018. Report: IEA Urgest OPEC to open the taps as oil market enters 'red zone' by Javier Blas, Grant Smith, and Francine Lacqua, Bloomberg, October 9, 2018. Report: Boosting NATO's presence in the east and southeast, NATO, September 10, 2018. Report: Trade war seen threatening next US LNG export wave by Corey Paul, S&P Global, August 23, 2018. Article: Why Nord Stream 2 is the world's most controversial energy project, The Economist, August 7, 2018. Report: Development of Alaska's ANWR would increase U.S. crude oil production after 2030, EIA, June 14, 2018. Analysis: How the Alaska Pipeline is fueling the push to drill in the Arctic Refuge by Philip Wight, Yale Environment 360, November 16, 2017. Statement: CAATSA/CRIEEA Section 232 Public Guidance, U.S. Dept. of State, October 31, 2017. Article: North Korea is sitting on a stockpile of minerals worth trillions by Chris Weller, Business Insider, June 29, 2017. Article: Pentagon pick Mattis discloses defense industry work by Jeremy Herb and Connor O'Brien, Politico, January 8, 2017. Article: Ukraine crisis is about Great Power oil, gas pipeline rivalry by Nafeez Ahmed, The Guardian, March 6, 2014. Resources American Oil & Gas Historical Society: Trans-Alaska Pipeline History Chatham House: Chatham House Rule Congressional Research Service: Nord Stream 2: A Geopolitical Lightning Rod 2018 Government Funding Explanatory Statement: Funding for Ukraine Dept. of Defense Budget FY 2019: European Deterrence Initiative East European Gas Analysis: Ukrainian Gas Pipelines Map Gazprom: TurkStream Gas Pipeline Govtrack: H.R. 3364: Countering America's Adversaries Through Sanctions Act Govtrack: H.R. 6384: Countering Russian Power Plays Act Govtrack: S. 3229: Energy Security Cooperation with Allied Partners in Europe Act of 2018 Govtrack: H.R. 6224: Protect Euorpean Energy Security Act Govtrack: H.R. 6437: Secure America from Russian Interference Act of 2018 International Energy Agency: World Energy Outlook 2018 International Energy Agency: World Energy Outlook 2017 International Energy Agency: Energy Business Council International Energy Agency: History OpenSecrets.org: Sen. John A Barrasso - Wyoming OPEC: Member Countries Public Law: Countering America's Adversaries Through Sanctions Act Wikipedia: OECD (Organisation for Economic Co-operation and Development) Visual Resources Nord Stream Map Trans-Alaska Pipeline Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Divided government! The 2018 midterm elections are over and we know what the 116th Congress is going to look like: The Republican Party will continue to control the Senate and the Democratic Party will control the House of Representatives. In this episode, we discuss the likely ramifications of a divided Congress, some of the interesting results of individual Congressional races, and the opportunities available for Republicans to get their last wishes rammed into law before their complete Congressional control ends in January. Please Support Congressional Dish - Quick Links Click here to contribute a lump sum or set up a monthly contribution via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North Number 4576 Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Episodes CD179: Hearing: Who's Tracking the Immigrant Kids? CD166: I Spy a Shutdown CD149: Fossil Fuel Foxes CD143: Trump's Law Enforcers CD089: Secrets of the CRomnibus (2015 Budget) CD087: Run for Congress with Chris Clemmons Additional Reading Article: Trump's appointment of the acting Attorney General is unconstitutional by Neal K. Katyal and George T. Conway III, The New York Times, November 8, 2018. Article: DoD is sending 7,000 troops to the border. Here's every unit going. by Tara Copp, Military Times, November 8, 2018. Article: It's not over: Days after election, these races are still undecided by Brian Naylor, NPR, November 8, 2018. Article: Rep. Duncan Hunter keeps seat despite charges by Julie Watson, WBTV, November 8, 2018. Article: Trump warns Dems over potential investigations: 'Two can play that game!' by Brett Samuels, The Hill, November 7, 2018. Article: Top Dems quickly announce leadership intentions by Mike Lillis, The Hill, November 7, 2018. Article: Nevada voters approve automatic voter registration by Aris Folley, The Hill, November 7, 2018. Article: Connecticut elects first black congresswoman by Jessie Hellmann, The Hill, November 11, 2018. Article: Jeff Sessions pushed out after a year of attacks from Trump by Erick Tucker and Michael Balsamo, AP News, November 7, 2018. Article: Ayanna Pressley officially Massachusetts' 1st black congresswoman by William J. Kole, Boston Globe, November 7, 2018. Article: Don Young holds on to House seat in Alaska by Miranda Green, The Hill, November 7, 2018. Article: GOP Rep. Duncan Hunter wins reelection despite criminal charges by Juliegrace Brufke, The Hill, November 7, 2018. Article: Florida U.S. Senate race between Rick Scott, Bill Nelson could be heading for recount by Mark Skoneki, Steven Lemongello, and Gray Rohrer, The Orlando Sentinel, November 7, 2018. Article: Democrat Colin Allred grabs Dallas-area U.S. House seat from GOP's Pete Sessions by Gromer Jeffers Jr., Dallas News, November 7, 2018. Article: The investigations Trump will face now that Democrats control the House by Adam Davidson, The New Yorker, November 7, 2018. Article: With midterms over, lame-duck congress now turns to avoiding a shutdown by Eric Katz, Government Executive, November 7, 2018. Article: Next chairman of Ways and Means Committee plans to demand Trump's tax return by Justin Wise, The Hill, November 7, 2018. Article: The private business of for-profit prisons in the US by AYŞE NUR DOK, TRT World, November 7, 2018. Article: Newly empowered, House Democrats plan to launch immediate investigations of Trump, but leaders are wary of impeachment by Karoun Demirjian, Tom Hamburger, and Gabriel Pogrund, The Washington Post, November 7, 2018. Article: Top Judiciary Dem: Trump is about to 'learn he's not above the law' by Aris Folley, The Hill, November 7, 2018. Article: GOP Rep. Chris Collins, charged with insider trading, is projected to win re-election in New York by Dan Mangan, CNBC, November 7, 2018. Article: Former NFL players Anthony Gonzalez, Colin Allred elected to Congress by Curtis Crabtree, NBC Sports, November 6, 2018. Article: Cramer ousts Heitkamp in critical North Dakota Senate race by Max Greenwood, The Hill, November 6, 2018. Article: Blackburn keeps Tennessee seat in GOP hands by Alexander Bolton, The Hill, November 6, 2018. Article: Dem Lauren Underwood unseats Randy Hultgren in Illinois by Brett Samuels, The Hill, November 6, 2018. Article: Hawley defeats McCaskill in tight Missouri Senate race by Jordain Carney, The Hill, November 6, 2018. Article: Pence's brother wins Indiana House race by Megan Keller, The Hill, November 6, 2018. Article: GOP Rep. Chris Collins wins reelection in NY despite insider trading charges by Michael Burke, The Hill, November 6, 2018. Article: Dem Colin Allredy topples Sessions in key Texas House seat by Lisa Hagen, The Hill, November 6, 2018. Article: Graham lauds GOP Senate Results: 'Conservative judicial train is going to keep running!' by Megan Keller, The Hill, November 6, 2018. Article: Coffman loses GOP seat in Colorado by Mike Lillis, The Hill, November 6, 2018. Article: Mitt Romney wins Senate race in Utah by Alexander Bolton, The Hill, November 6, 2018. Article: Rashida Tlaib becomes first Palestinian-American woman to win congressional seat by Emily Birnbaum, The Hill, November 6, 2018. Article: Haaland becomes one of first Native American women elected to Congress by Morgan Gstalter, The Hill, November 6, 2018. Article: Sharice Davids makes history: Kansas' 1st gay rep, 1st Native American woman in Congress by Bryan Lowry and Katy Bergen, The Kansas City Star, November 6, 2018. Article: Ryan Zinke and the murky interior of Trumpworld by Timothy L. O'Brien, Bloomberg, November 1, 2018. Article: Sources: Justice Department investigating Interior Secretary Ryan Zinke by Pamela Brown, Evan Perez, Lauren Fox, and Gregory Wallace, CNN Politics, October 31, 2018. Article: Probe of Interior Secretary Ryan Zinke sent to U.S. prosecutors by Ari Natter and Jennifer A. Dlouhy, Bloomberg, October 30, 2018. Article: Lieu vows aggressive investigations of Trump if Dems retake House by Julia Manchester, The Hill, October 29, 2018. Blog: Budget reconciliation is the key to building the border wall by Rep. Bradley Byrne, The Hill, October 17, 2018. Article: $35M private immigration detention center proposted for Ionia by Paul Egan, Detroit Free Press, October 16, 2018. Article: House will investigate Trump's attacks on democracy if Dems win, Cummings says by Julia Manchester, The Hill, October 1, 2018. Article: Ryan Zinke to the oil and gas industry: "Our government should work for you" by Umair Irfan, Vox, September 22, 2018. Article: Rep. Duncan Hunter and his wife indicted in use of campaign funds for personal expenses by Laura Jarrett and Maeve Reston, CNN Politics, August 21, 2018. Article: Why Rep. Chris Collins's insider trading arrest is a huge deal - and also totally unsurprising by Tara Golshan, Vox, August 9, 2018. Article: 2 Texas congressman bought shares in drug firm at heart of Rep. Chris Collins' insider trading case by Rachel Cohrs, Dallas News, August 9, 2018. Article: This company is at the center of insider trading charges against Rep. Collins by Katherine Ross, The Street, August 9, 2018. Article: Rep. Chris Collins charged with insider trading, federal prosecutors announce by Renae Merle and Mike DeBonis, The Washington Post, August 8, 2018. Article: Indicted Rep. Chris Collins shows why members of Congress should not trade stocks by Josh Barro, Business Insider, August 8, 2018. Article: Scandals pile up for interior chief Ryan Zinke by Chris D'Angelo, Huffpost, July 23, 2018. Article: Interior watchdog opens probe of land deal linking Zinke, Halliburton chairman by Ben Lefebvre, Politico, July 18, 2018. Article: Interior Secretary Ryan Zinke's conduct attracts unprecedented scrutiny from government investigators by Greg Zimmerman, Medium, June 5, 2018. Article: A timeline of scandals and ethical shortfalls at Ryan Zinke's Interior Department by Evlondo Cooper and Ted MacDonald, Media Matters for America, May 7, 2018. Article: Profiting from enforcement: The role of private prisons in U.S. immigration detention by Livia Luan, Migration Policy Institute, May 2, 2018. Article: Liberal watchdog group sues Trump, alleging he violated constitutional ban by David A. Fahrenthold and Jonathan O'Connell, The Washington Post, January 23, 2017. Article: GOP congressman, overwhelmed by constituents concerned about ACA repeal, sneaks out of event early by Mark Joseph Stern, Slate, January 15, 2017. Article: Congressman defends 'Citibank' provision in spending bill by Jim Acosta, CNN Politics, December 16, 2014. Article: Wall Street's omnibus triumph, and others by Russ Choma, Open Secrets News, December 12, 2014. Article: Why Citi may soon regret its big victory on Capitol Hill by Rob Blackwell, American Banker, December 11, 2014. Article: How Wall St. got its way by Dave Clarke, Kate Davidson, and Jon Prior, Politico, December 11, 2014. Resources ACLU Talking Points: 2012 National Defense Authorization Act (NDAA) Bill Overview: H.R. 992 (113th): Swaps Regulatory Improvement Act Live News: CNN Election Night in the US Company Announcement: BAKKEN Binding Expansion Open Season, Energy Transfer Letter: Resignation Letter of Jeff Sessions OpenSecrets: Rep. Kevin Cramer - North Dakota District 1 OpenSecrets: Rep. Kevin Yoder, Kansas District 03 Wikipedia: Chris Collins (American Politician) Visual Resources Sound Clip Sources Interview: Schiff responds to threat from President Trump, CNN Politics, November 8, 2018. News Conference: Minority Leader Pelosi on 2018 Election Results, C-SPAN, November 7, 2018. 19:30 Representative Nancy Pelosi: In any event, next week we look forward to welcoming our new class of freshmen. We will celebrate their diversity, the freshness of their thinking, and the rest. And they will immediately be incorporated into our building consensus and how we go forward in a very open, transparent, bipartisan, unifying Congress. Any questions? 21:10 Representative Nancy Pelosi: In appropriations and in many of the other committee—all of the other committees—we have a responsibility for oversight. And, hopefully, in the course of asking for information, we can just make the request and the information will come in. We're concerned about what's happening at EPA, for example, to degrading the air we breathe and the water we drink despite what the president said today. So, that's only one example. 27:30 Unknown Speaker: Follow up on what the president said this morning. He made clear that if Democrats launch investigations, that any hopes for bipartisanship is off. Do you have any concerns that these investigations could jeopardize your opportunities to legislate? Representative Nancy Pelosi: We do not intend to abandon or relinquish our responsibility as Article I, the first branch of government, and our responsibilities for accountability, for oversight, and the rest. This doesn't mean we go looking for a fight, but it means that if we see a need to go forward, we will. But that will be the work of our committees. Every committee has oversight responsibility. Congresswoman Eshoo's on Energy and Commerce, and that's a big oversight committee, as some of you probably are aware. But, specifically, to some of the concerns that the president may have, the Judiciary Committee, the Intelligence Committee, the Oversight Committee, the—well, there're a number of committees that—depending on how we go down that path—the Financial Services committee, did I say Intelligence? Oh, Homeland Security Committee, because, of course, we are shamed as a nation by a policy that takes babies out of the arms of their mothers, that builds tents, and all the rest to house people, and there's separation of families. So we want to look into that, and we would hope that we can do so by simply having oversight. If, in fact, requires a subpoena—I hope not, but—so be it. News Conference: President Trump on 2018 Election Results, C-SPAN, November 7, 2018. 23:00 President Donald Trump: Their whole agenda has been to try not giving me anything for the wall. I really believe politically they're hurting themselves. I actually think politically that's a good thing for me, but I want to get the wall up because we need to— Unknown Speaker: So no shut-down scenario— President Trump: I don't know. I can't tell you that. Unknown Speaker: —for the, for the mid, for the lame duck. President Trump: No, I can't commit to that, but it's possible. News Conference: Democrat Richard Neal says he plans to seek Trump tax returns, APNews, YouTube, November 7, 2018. Hearing: Unaccompanied Immigrant Children, Senate Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, C-SPAN, August 16, 2018. 1:14:30 Senator Claire McCaskill: This is about the fourth or fifth time I've been on this dais, and no one seems to be worried about the fact that you all get to wash your hands of these children. You want to talk about catch and release? You're catching these children and then you're releasing them and everyone goes like this. Not my problem. I think the thing that really stuck out to me in the report that the committee issued was the finding—and this was finding number 14—HHS has a plan to notify state governments before placing unaccompanied children previously held in secure facilities, but HHS has failed to implement that plan. HHS explained it cannot implement the plan because it cannot determine who to notify in state government. Well, let me just tell you, Commander, I will make an offer to you today: I think my staff can get you a list of agencies and phone numbers before close of business tomorrow. Would that be helpful? Commander Jonathan White: I'll be glad to convey that, but I think it does address—I think there are very real questions, but— Sen. McCaskill: No, they're not. White: —widely appro— Sen. McCaskill: No. They're not. Every state has a child-welfare agency. In Missouri, it's the Missouri Department of Social Services, the Children's Division, and they're responsible for foster care, for child placement, for monitoring child detention centers, they are responsible for the welfare of children who have been separated from their families. And they have contacts in every corner of my state. There's a hotline that they administer. There is all kinds of ways that they can communicate with school systems, with local governments, with all the people that are working as foster parents. There is a huge network in every single state, because you know what the states do? They take the responsibility for having children in their care seriously. 1:54:30 Senator Heidi Heitkamp: One facility provider basically, if my rough math is right, 11,000 children have been assigned to Southwest Key over a number of facilities, not one facility, but they're obviously a large provider. The reports coming out of Dallas say that they basically, in a half-year period, have a contract that's worth a half a billion dollars that they're being paid, which, if you do the rough math, that's about $45,000 per child. I think that we should have some pretty high expectations at $45,000 per child. So I would love a list of all the contractors that you currently have, the number of complaints, and the severity of the complaints, in each one of those cases, what disciplinary action has been, and how you're cooperating consistently with state authorities, who usually are the licensing authorities, and I understand that. Audio Recording: Nunes on secret tape: Kavanaugh vote, then Rosenstein impeachment, MSNBC, July 30, 2018. Hearing: Wartime Contracting, Senate Homeland Security Subcommittee, C-SPAN, July 16,2013. 3:30 Senator Claire McCaskill: I learned just this week that the Defense Department spent millions to construct a building in Afghanistan that has never been used. This facility was built despite the fact that the forward commander said they neither needed nor wanted this facility, in May 2010, almost a full year before construction began. We now have a brand-new state-of-the-art building that cost the taxpayers 34 million to build. The worst part is that all indications are, we're going to tear it down. We can't even give it away to the Afghanistan government for free because they don't want a building that they will have to spend millions to rewire because it was built to U.S. electrical code. I also recently learned that more than 13 million may have been wasted on a USAID agricultural development contract with a company called Chemonics. The waste alone is bad enough, but the Special Inspector General also found that the contractor failed to cooperate with the audit. Frankly, that's just unacceptable. Hearing: Wartime Contracting, Senate Committee on Homeland Security and Governmental Affairs, C-SPAN, September 21, 2011. 46:30 Senator Claire McCaskill: I want to talk about something that I mentioned—and you mentioned in your report, but I think it's something we need to flesh out for this committee—and that's contractors being subject to the jurisdiction of the United States of America. Heartbreaking incident in Iraq, that I'm sure you all are aware of, where the negligence of one of our contractors killed one of our soldiers. And in trying to find justice for that family, the contractor avoided the jurisdiction of the United States, and the most insulting thing about it was he then got another—that company then got another contract with our government. After they had used the fact that they were not subject to the jurisdiction of our country as a way to avoid justice for this man's family, we then decided we should sign up again with them. Community Suggestions Super Typhoon Yutu Relief Campaign See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Taxes: We all hate them but we all have to pay them. In December 2017, the Republicans in Congress rushed major changes to our tax policy into law. In this episode, host Jen Briney and her accountant friend, Alexis Claypool, explain the most significant changes to how our tax payments are going to be calculated and how these changes are likely to affect us. You will also learn about a major dingleberry that hitchhiked its way into law attached to this bill. Joe Briney joins Jen for the Thank Yous. Please Support Congressional Dish - Quick Links Click here to contribute a lump sum or set up a monthly contribution via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North Number 4576 Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! H.R. 1: An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018. Subtitle A - Individual Tax Reform Part I - Tax Rate Reform Sec. 11001. Modification of Rates Married Individuals Filing Joint Returns Heads of Households Unmarried Individuals Inflation Adjustment Part II - Deduction for Qualified Business Income of Pass-Thru Entities Sec. 11011. Deduction for Qualified Business Income Phase-In of Limit for Certain Taxpayers Qualified Business Income Exception for specified service businesses based on taxpayer's income Threshold Amount Application to partnerships and S Corporations Part III - Tax Benefits for Families and Individuals Sec. 11021. Increase in Standard Deduction Sec. 11022. Increase in and Modification of Child Tax Credit. Sec. 11027. Temporary Reduction in Medical Expense Deduction Floor. Special Rules for Use of Retirement Funds with Respect to Areas Damaged by 2016 Disasters Part IV - Education Part V - Deductions and Exclusions Sec. 11042. Limitation on Deduction for State and Local, etc. Taxes Sec. 11043. Limitation on Deduction for Qualified Residence Interest Sec. 11045. Suspension of Miscellaneous Itemized Deductions Sec. 11047. Suspension of Exclusion for Qualified Bicycle Commuting Reimbursement Sec. 11048. Suspension of Exclusion for Qualified Moving Expense Reimbursement Sec. 11049. Suspension of Deduction for Moving Expenses Sec. 11051. Repeal of Deduction for Alimony Payments Part VI - Increase in Estate and Gift Tax Exemption Sec. 11061. Increase in Estate and Gift Tax Exemption Part VII - Extension of Time Limit for Contesting IRS Levy Part VIII - Individual Mandate Sec. 11081. Elimination of Shared Responsibility of Payment for Individuals Failing to Maintain Minimum Essential Coverage Subtitle B - Alternative Minimum Tax Sec. 12001. Repeal of Tax for Corporations Sec. 12003. Increased Exemption for Individuals Subtitle C - Business-related Provisions Part I - Corporate Provisions Sec. 13001. 21-Percent Corporate Tax Rate Part II - Small Business Reforms Sec. 1301. Modifications of Rules for Expensing Depreciable Business Assets Part III - Cost Recovery and Accounting Methods Sec. 13201. Temporary 100-Percent Expensing for Certain Business Assets Sec. 13202. Modifications to Depreciation Limitations on Luxury Automobiles and Personal Use Property Part IV - Business-Related Exclusions and Deductions Sec. 13301. Limitation on Deduction for Interest Sec. 13304. Limitation on Deduction by Employers of Expenses for Fringe Benefits Qualified Transportation Fringes Transportation and Commuting Benefits Sec. 13306. Denial of Deduction for Certain Fines, Penalties, and Other Amounts Sec. 13307. Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection with Sexual Harassment or Sexual Abuse Sec. 13308. Repeal of Deduction for Local Lobbying Expenses Sec. 13311. Elimination of Deduction for Living Expenses Incurred by Members of Congress Part V - Business Credits Sec. 13403. Employer Credit for Paid Family and Medical Leave Termination Part VI - Provisions Related to Specific Entities and Industries Sec. 13531. Limitation on Deduction for FDIC Premiums Part VII - Employment Sec. 13602. Excise Tax on Excess Tax-Exempt Organization Executive Compensation Part VII - Exempt Organizations Sec. 13702. Excise Tax Based on Investment Income of Private Colleges and Universities Part IX - Other Provisions Sec. 13802. Reduced Rate of Excise Tax on Beer Sec. 13804. Reduced Rate of Excise Tax on Wine Sec. 13807. Reduced Rate of Excise Tax on Certain Distilled Spirits Subtitle D - International Tax Provisions Part 1 - Outbound Transactions Sec. 14101. Deduction for Foreign-Source Portion of Dividends Received by Domestic Corporations from Specified 10-Percent Owned Foreign Corporations Sec. 14202. Deduction for Foreign-Derived Intangible Income and Global Intangible Low-Taxed Income Sec. 14211. Elimination of Inclusion of Foreign Base Company Oil Related Income Part II - Inbound Transactions Part III - Other Provisions Title II Sec. 20001. Oil and Gas Program Sec. 20003. Strategic Petroleum Reserve Drawdown and Sale Additional Reading Article: Tax reform eliminates deduction for moving expenses by Brittany Benson, H&R Block, October 24, 2018. Article: What are political or lobbying expenses and are they deductible? by Jean Murray, The Balances MB, October 23, 2018. Article: What changes has the IRS made to moving expense reimbursement? by Terry Sheridan, Accounting Web, October 3, 2018. Article: How the Trump tax law passed: GOP adds sweeteners by The Hill Staff, The Hill, September 28, 2018. Article: Repatriated profits total $465 billion after Trump tax cuts - leaving $2.5 trillion overseas by Jeffry Bartash, MarketWatch, September 19, 2018. Article: Foreign-derived intangible income deduction: Tax reform's overlooked new benefit for U.S. corporate exporters by Frank J. Vari, The Tax Adviser, August 2, 2018. Article: Will the Tax Act set back private equity? by David Dayen, The American Prospect, July 2, 2018. Article: The new tax form is postcard-size, but more complicated than ever by Jim Tankersley, The New York Times, June 25, 2018. Article: Four key changes for depreciation deductions by Bobby M. Bragg, Jamison Money Farmer PC, May 29, 2018. Article: New: IRS announces 2018 tax rates, standard deductions, exemption amounts and more by Kelly Phillips Erb, Forbes, March 7, 2018. Article: New excise tax on excess executive compensation by tax-exempt organizations by Christine Faris and Stephen Sutten, Baker Tilly, January 29, 2018. Article: Tax credit aims to boost availability of paid family leave, but will it work? by Michelle Andrews, NPR, January 23, 2018. Article: Corporate America celebrated tax cuts by laying off workers by David Dayen, Vice, January 10, 2018. Article: Andy Blunt joining in lobbying venture wtih long-time confidant of his father by Chuck Raasch, St. Louis Post-Dispatch, January 10, 2018. Article: Bonus tucked into GOP tax bill for those aiming to deduct medical expenses by Michelle Andrews, Kaiser Health News, December 22, 2017. Article: Final tax bill includes huge estate tax win for the rich: The $22.4 million exemption by Ashlea Ebeling, Forbes, December 21, 2017. Article: Newly passed Tax Cuts and Jobs Act eliminates employers' commuter benefits deductions by Matt Gerard, NBS, December 21, 2017. Article: Beer, wine, and spirits industries toast passage of GOP tax bill by Victor I. Nava, Washington Examiner, December 20, 2017. Article: A quick guide to the GOP tax plan, Bloomberg News, December 18, 2017. Article: CEOs aren't waiting for the tax bill to pass - they've already started pocketing the windfall by David Dayen, The Intercept, December 18, 2017. Article: Have you ever felt sorry for the I.R.S.? Now might be the time by Patricia Cohen, The New York Times, December 18, 2017. Article: File your taxes on a postcard? A G.O.P. promise marked undeliverable by Jim Tankersley, The New York Times, December 16, 2017. Article: Special giveaways in tax cut bill benefit family members and colleagues of key GOP senators by Lee Fang, The Intercept, December 1, 2017. Article: CBO: Senate tax bill would hurt poor by Mallory Shelbourne, The Hill, November 27, 2017. Article: Republican plan delivers permanent corporate tax cut by Jim Tankersley, Thomas Kaplan, and Alan Rappeport, The New York Times, November 2, 2017. Article: The GOP Tax Bill is out - and now we know why it was secret for so long by David Dayen, The Nation, November 2, 2017. Article: BP's $20.8 billion gulf spill settlement nets $15.3 billion tax write-off by Robert W. Wood, Forbes, October 6, 2015. Resources CDC: Alcohol and Public Health Govtrack: H.R. 1: Tax Cuts and Jobs Act Institute on Taxation and Economic Policy: Who Pays? Joint Committee on Taxation Publication: JX-67-17 OpenSecrets.org: Dan Sullivan OpenSecrets.org: Don Young OpenSecrets.org: Lisa Murkowski OpenSecrets.org: Rep. Mike Kelly OpenSecrets.org: Rep. Peter DeFazio OpenSecrets.org: Sen. Rob Portman OpenSecrets.org: Sen. Roy Blunt Treasury.gov: Unified Framework for Fixing Our Broken Tax Code Turbo Tax: What Are Standard Tax Deductions? USGS: ANWR Maps Sound Clip Sources Congressional Record of the 115th Congress; House of Representatives, Wednesday, September 27, 2017. Congressional Record of the 115th Congress; House of Representatives, Thursday, September 28, 2017. Congressional Record of the 115th Congress; House of Representatives, Wednesday, October 4, 2017. Congressional Record of the 115th Congress; House of Representatives, Monday, December 18, 2017. Congressional Record of teh 115th Congress; House of Representatives, Tuesday, December 19, 2017. Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

It's done. Brett Kavanaugh is a Supreme Court Justice. Most of the media coverage of his confirmation centered on the sexual assault allegations made by Dr. Christine Blasey Ford but that's only one part of the story. In this episode, learn about the procedural tricks employed by Senate Republicans and the George W. Bush administration to place Kavanaugh on the Supreme Court and hear highlights from over 40 hours of Brett Kavanaugh's policy-oriented confirmation hearings that most of the country didn't see. Please Support Congressional Dish - Quick Links Click here to contribute a lump sum or set up a monthly contribution via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North Number 4576 Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD117: Authorization for Limitless War Additional Reading Blog: Why the ACLU opposes Brett Kavanaugh's nomination to the supreme court by Susan N. Herman, ACLU, October 3, 2018. Article: California professor, writer of confidential Brett Kavanaugh letter, speaks out about her allegation of sexual assault by Emma Brown, The Washington Post, September 16, 2018. Records: Records, papers, decisions: Kavanaugh records and the Presidential Records Act, related author Meghan M. Stuessy, FAS.org, August 27, 2018. Report: ACLU report on Judge Brett M. Kavanaugh, ACLU, August 15, 2018. Article: Brett Kavanaugh ruled Consumer Financial Protection Bureau structurally unconstitutional by Manuela Tobias, Politifact, July 25, 2018. Article: There's no conspiracy between Trump and Kennedy. There's just the swamp by David Litt, The Washington Post, July 3, 2018. Article: Donald Trump made Justice Kennedy an offer he couldn't refuse by Abigail Tracy, Vanity Fair, June 29, 2018. Article: Inside the White House's quiet campaign to create a Supreme Court opening by Adam Liptak and Maggie Haberman, The New York Times, June 28, 2018. Article: Here's what is known about the surprising choice to lead the CFPB by Francine McKenna, Market Watch, June 18, 2018. Article: The clock is running out on Mick Mulvaney by Renae Merle, The Washington Post, June 12, 2018. Article: Official cause of death for Antonin Scalia released by David Warren, Dallas News, February 2016. Article: George W. Bush's bizarre bathroom self-portraits laid bare by audacious hack by Sam Byford, The Verge, February 8, 2013. Resources Case Information: Carpenter v. United States Executive Order: Further Implementation of the Presidential Records Act Sound Clip Sources Hearing: 2004 Kavanaugh Judicial Nomination Hearing, Senate Judiciary Committee, April 27, 2004. Witness: Brett Kavanaugh Sound Clips: 1:14:14 Senator Jeff Sessions (AL): Judges, if you're confirmed, are not accountable to the public. You never stand for election again. You hold your office for life. Many of your decisions are unreviewable ultimately, and it leaves the American people subject to decisions in an anti-democratic forum unless that judge restrains him or herself and enforces the law as written or the Constitution as declared by the people of the United States. 1:24:15 Senator Patrick Leahy (VT): The question is secrecy in government, and this administration has shown more secrecy than any administration I've served with, from the Ford administration forward. You were the author, one of the first indicators of this increase in secrecy, Executive Order 13233, that drastically changed the Presidential Records Act. It gave former presidents, their representatives, and even the incumbent president, virtual veto power over what records of theirs would be released, posed a higher burden on researchers petitioning for access to what had been releasable papers in the past. After the order was issued, a number of historians, public interest organizations, opposed the change. The Republican-led House Committee on Government Reform approved a bill to reverse this. A lawsuit to overturn it was filed by Public Citizen, American Historical Association, Organization of American Historians, and a number of others. Why did you favor an increase in the secrecy of presidential records? Brett Kavanaugh: Senator, with respect to President Bush's Executive Order, I think I want to clarify how you described it. It was an order that merely set forth the procedures for assertion of privilege by a former president, and let me explain what that means. The Supreme Court of the United States in Nixon v. GSA in 1977, opinion by Justice Brennan, had concluded that a former president still maintains a privilege over his records, even after he leaves office. This was somewhat unusual because there was an argument in the case that those are government records. But the Court concluded that both the current president and the former president have the right to assert privilege to prevent the release of presidential records. That's obviously a complicated situation. The issue was coming to a head for the first time because there's a 12-year period of repose, so 12 years after President Reagan left office was when this President Bush came into office, and there was a need to establish procedures. How's this going to work, two different presidents asserting privilege or having the right to review? No one really had a good idea how this was going to work. The goal of the Order was merely to set forth procedures. It specifically says in Section 9 of the Order that it's not designed in any way to suggest whether a former president or a current president should or should not assert privilege over his records. You're quite right, Senator Leahy, that there was initial concern by historians about the Order. I think it was—I like to think it was based on a misunderstanding, and Judge Gonzales and I undertook to meet every 6 months or so with a large group of historians, first to discuss the Order and explain it, and then after that, to discuss any problems they were having with the Order, and to help improve it, if they suggested ways for improvement. I think those meetings, I think the historians who've come to see us, have found them useful, and I think we helped to explain what we had in mind and what the president's Order meant in terms of the procedure. So, that's my explanation of that Order. Hearing: 2006 Kavanaugh Judicial Nomination Hearing, Senate Judiciary Committee, May 9, 2006. Witness: Brett Kavanaugh Sound Clips: 58:44 Senator Orrin Hatch (UT): I also want to acknowledge the presence of Mr. Kavanaugh's parents. I've known them for a long time. Ed Kavanaugh, for many years, he headed up the major trade association, the Cosmetic, Toiletries, and Fragrance Association, and he is deservedly admired by many in this town. And his mother served with distinction as a state court judge in Maryland for many, many years. 1:47:15 Senator John Cornyn (TX): Of course, as you know, I met you a number of years ago when I was Attorney General of Texas and had the honor to represent my state in an argument before the United States Supreme Court, and that was Santa Fe Independent School District v. Doe, which involved a question of whether school children could voluntarily offer a prayer or an inspirational saying before school football games in Texas. And as you know, the Court ultimately ruled against that voluntary student prayer in the case. And Chief Justice Rehnquist, in dissent, said that the Court's ruling exhibited hostility to all things religious in public life. And I'm very concerned about that because I do believe that the founders thought that the posture of the government with regard to religious expression should be one of neutrality, not hostility. I realize as a lower court judge you're going to be bound by the Supreme Court's precedents, but I wonder if you would address the issue of religious liberty and religious speech insofar as how you believe in your position as a circuit court judge, how you would approach those issues. Brett Kavanaugh: Senator, if I were confirmed to be a D.C. Circuit judge, I would of course follow the precedent of the Santa Fe case. That case addressed a question that had been left open in the Lee v. Weisman case in 1992. In that case, there was a school-sponsored prayer at a graduation ceremony where the government was actually involved, and one of the questions that was left open was, what happens if a student or a private speaker participates in a school event as a private speaker? And in the Santa Fe case, I think the Court concluded, based on the facts and circumstances of the case, that it could be attributed to the school and so was a violation of the Establishment Clause. I think the overall area represents a tension the Supreme Court has attempted to resolve throughout the years in terms of facilitating the free exercise of religion without crossing the Establishment Clause lines that the Court has set out for many years now. I know that the Court in recent years has made clear in a number of cases that private religious speech, religious people, religious organizations cannot be, or should not be, discriminated against and that treating religious speech, religious people, religious organizations equally—in other words, on a level playing field with nonreligious organizations—is not a violation of the Establishment Clause. In past years there had been some suggestion that treating religious organizations the same way in the public square as nonreligious organizations could sometimes be a violation of the Establishment Clause. I think the Court's really gone to a principle of equality of treatment does not ordinarily violate the Establishment Clause—again, equality of treatment of religious speech, religious people, religious organizations; equality in the public square. That's been something we've seen over the last, I'd say, decade or a little more. 2:04:00 Former Senator Sam Brownback (KS): But just give me your view of the Constitution as a document itself. Is this a—can you put yourself in a category? Do you have a view that it's established as a living document, as a strict constructionist of the Constitution itself? Brett Kavanaugh: Senator, I believe very much in interpreting text as it's written and not seeking to impose one's own personal policy preferences into the text of the document. I believe very much in judicial restraint, recognizing the primary policymaking role of the legislative branch in our constitutional democracy. I believe very much, as a prospective inferior court judge, were I to be confirmed, in following the Supreme Court precedent strictly and absolutely. Once as a lower court judge, I think that's very important for the stability of our three-level system for lower courts to faithfully follow Supreme Court precedent, and so that's something that I think's very important. In terms of the independence of the judiciary, I think that's something that's the hallmark of our judiciary, the hallmark of our system, that judges are independent from the legislative branch and independent from the executive branch. I think that's central to my understanding of the proper judicial role. Hearing: 2018 Day 1 Part 1 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 4, 2018. 12:55 Senator Chuck Grassley (IA): Good morning. I welcome everyone to this confirmation hearing on the nomination of— Senator Kamala Harris (CA): Mr. Chairman? Sen. Grassley: —Brett Kavanaugh— Sen. Harris: Mr. Chairman? Sen. Grassley: —to serve as Associate Justice— Sen. Harris: Mr. Chairman, I'd like to be recognized for a question before we proceed? Unknown Speaker: Regular order, Mr. Chairman. Sen. Grassley: —of the Supreme Court of the United States. Sen. Harris: Mr. Chairman, I'd like to be recognized to ask a question before we proceed. The committee received just last night, less than 15 hours ago— Unknown Speaker: Mr. Chairman, regular order. Sen. Harris: —42,000 pages of documents that we have not had an opportunity to review or read or analyze. Sen. Grassley: You're out of order. I'll proceed. Sen. Harris: We cannot possibly move forward, Mr. Chairman, of this hearing. Sen. Grassley: I extend a very warm welcome to Judge Kavanaugh— Sen. Harris: We have not been given an opportunity to have a— Sen. Grassley: —to his wife, Ashley— Sen. Harris: —meaningful hearing on the nominee. Sen. Grassley: —his two daughters, their extended family and friends— Senator Mazie Hirono (HI): Mr. Chairman, I agree with my colleague, Senator Harris. Mr. Chairman— Sen. Grassley: —Judge Kavanaugh's many law clerks— Sen. Hirono: —we received 42,000 documents that we haven't been able— Sen. Grassley: —and everyone else joining us today. Sen. Hirono: —to review last night, and we believe this hearing should be postponed. Sen. Grassley: I know this is an exciting day for all of you here, and you're rightly proud of the judge. Senator Richard Blumenthal (CT): Mr. Chairman, if we cannot be recognized, I move to adjourn. Sen. Grassley: The American people— Sen. Blumenthal: Mr. Chairman, I move to adjourn. Sen. Grassley: —get to hear directly from Judge Kavanaugh later this afternoon. Sen. Blumenthal: Mr. Chairman, I move to adjourn. Mr. Chairman, we have been denied—we have been denied real access to the documents we need to advise— Unknown Speaker: Mr. Chairman, regular order is called for. Sen. Blumenthal: —which turns this hearing into a charade and a mockery of our norms. Sen. Grassley: Well— Sen. Blumenthal: And Mr. Chairman, I, therefore, move to adjourn this hearing. Sen. Grassley: Okay. Protester: This is a mockery and a travesty of justice. This is a travesty of justice, and we'll not go back. Cancel Brett Kavanaugh. Adjourn the hearing. Leave me alone. Leave me alone. Unknown Speaker: _______(02:07—What do we have to do? Trump? We may have to work with Trump. In a demonstrative adjourn, we have to have—) Unknown Speaker: We're not in an executive session. Sen. Blumenthal: Mr. Chairman, I ask for a roll-call vote on my motion to adjourn. 18:40 Senator Mazie Hirono (HI): Mr. Chairman, it is also— Senator Chuck Grassley (IA): I think that I— Sen. Hirono: Mr. Chairman, it is also not regular order for the majority— Sen. Grassley: Senator Hirono— Sen. Hirono: —to require the minority to pre-clear our questions, our documents and the videos we would like to use at this hearing. That is unprecedented. That is not regular order. Since when do we have to submit the questions and the process that we wish to follow to question this nominee? Sen. Grassley: Senator— Sen. Hirono: I'd like your clarification. Sen. Grassley: Senator Hirono— Sen. Hirono: I'd like your response on why you are requesting— Sen. Grassley: —I would ask that you— Sen. Hirono: — ____(00:30) order to submit our questions, too. Sen. Grassley: —I ask that you stop so we can conduct this hearing the way we have planned it. Maybe it isn't going exactly the way that the minority would like to have it go— Protester: [unclear] Sen. Grassley: —but we have said for a long period of time that we were going to proceed on this very day, and I think we ought to give the American people the opportunity to hear whether Judge Kavanaugh should be on the Supreme Court or not. And you have heard my side of the aisle call for a regular order, and I think we ought to proceed in regular order. There will be plenty of opportunities to respond to the questions that the minority is— Protester 2: We didn't vote for Judge Kavanaugh. [unclear] Sen. Grassley: —legitimately raising. Unknown Speaker: Get her thrown out of here, my god. Protester 3: [unclear] Sen. Grassley: And we will proceed accordingly. Unknown Speaker: What did she say? Senator Sheldon Whitehouse (RI): Mr. Chairman, under regular order, may I ask a point of order, which is that we are now presented with a situation in which somebody has decided that there are 100,000 documents protected by executive privilege, yet there has not been an assertion of executive privilege before the committee. How are we to determine whether executive privilege has been properly asserted— Protester 4: [unclear] Sen. Whitehouse: —if this hearing goes by without the committee ever considering that question? Why is it not in regular order for us to determine before the hearing at which the documents would be necessary whether or not the assertion of privilege that prevents us from getting those documents is legitimate or indeed is even an actual assertion of executive privilege? I do not understand why that is not a legitimate point of order at this point, because at the end of this hearing, it is too late to consider it. Senator Patrick Leahy (VT): Mr. Chairman, if I might add to this, on the integrity of the documents we've received, there really is no integrity. They have alterations, they have oddities, attachments are missing, emails are cut off halfway through a chain, recipient's names are missing—many are of interest to this committee, but it's cut off. The National Archives hasn't had a chance to get us all that we want, even though you said on your website the National Archives would act as a check against any political interference. But— Protester 5: [unclear] Sen. Leahy: —I'd check after the hearing is over, there's no check, I think we ought to at least have the National Archives finish it, and to have for the first time, certainly in my 44 years here, to have somebody say there's a claim of executive privilege when the president hasn't made such a claim, just puts everything under doubt. What are we trying to hide? Why are we rushing? Hearing: 2018 Day 1 Part 2 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 4, 2018. Hearing: 2018 Day 2 Part 1 Kavanaugh Confirmation Hearing, Senate Judiciary Committee, September 5, 2018. Witness: Brett Kavanaugh Sound Clips: 53:00 Senator Dianne Feinstein (CA): What would you say your position today is on a woman's right to choose? Brett Kavanaugh: Well, as a judge— Sen. Feinstein: As a judge. Kavanaugh: As a judge, it is an important precedent of the Supreme Court—by "it," I mean Roe v. Wade and Planned Parenthood v. Casey—and reaffirm many times Casey is precedent on precedent, which itself is an important factor to remember, and I understand the significance of the issue, the jurisprudential issue, and I understand the significance, as best I can, I always try and I do hear, of the real-world effects of that decision, as I try to do of all the decisions of my court and of the Supreme Court. 1:02:35* Brett Kavanaugh: I can tell you about the U.S. v. Nixon precedent, and I did about Chief Justice Burger's role in forging a unanimous opinion—and, really, all the justices worked together on that—but Chief Justice Burger, who had been appointed by President Nixon—appointed by President Nixon—writes the opinion in U.S. v. Nixon, 8-0—Rehnquist was recused—8-0, ordering President Nixon to disclose the tapes in response to a criminal trial subpoena. A moment-of-crisis argument, I think July 8, 1974. They decided two weeks later a really important opinion, a moment of judicial independence, important precedent of the Supreme Court. 1:09:49 Senator Orrin Hatch (UT): I'd like to turn now to your work in the Bush administration. As you know, my Democratic colleagues are demanding to see every, every piece of paper or every single scrap of paper you ever touched during your six years in the Bush administration, in part because they want to know what role, if any, you played in developing the Bush administration's interrogation policies. Well, six years ago, Ranking Member Feinstein, who was then the chairman of the Senate Intelligence Committee, and a good one at that, issued a lengthy report on the CIA's detention and interrogation program under President Bush. The report detailed the origins, development, and implementation of the program. In 2014 a declassified version of that report was released to the public. The declassified version, or report, runs well over 500 pages, and your name appears nowhere in it. Now, I, myself, spent over 20 years on the Intelligence Committee. I know the quality of its staff and the work that they do, and I know the ranking member and how diligent she is. If you had played a role in the Bush administration's interrogation policies, I think the ranking member would have discovered it. Numerous administration lawyers appear in the report, but not you. And that should tell us something. With that said, Judge Kavanaugh, I want to ask you for the record: what role, if any, did you play in developing or implementing the Bush administration's detention and interrogation policies? Brett Kavanaugh: Well, the policies that are reflected and described in Senator Feinstein's extensive, thorough report were very controversial, as you know, Senator—the enhanced interrogation techniques— Sen. Hatch: Right, right. Kavanaugh: —and the legal memos that were involved in justifying some of those techniques also were very controversial when they were disclosed in 2004. And I was not involved. I was not read into that program, not involved in crafting that program nor crafting the legal justifications for that program. In addition to Senator Feinstein's report, the Justice Department did a lengthy Office of Professional Responsibility report about the legal memos that had been involved to justify some of those programs. My name's not in that report, Senator, because I was not read into that program and not involved. There were a number of lawyers—and this came up at my last hearing—a number of lawyers who were involved, including a couple who were then judicial nominees. At my last hearing, I recall Senator Durbin asking about whether I also was likewise involved as these other judicial nominees had been, and the answer was no, and that answer was accurate, and that answer's been shown to be accurate by the Office of Professional Responsibility report, by Senator Feinstein's thorough report. 2:37:49 Senator Lindsey Graham (SC): So when somebody says post-9/11, that we've been at war, and it's called the War on Terrorism, do you generally agree with that concept? Brett Kavanaugh: I do, Senator, because Congress passed the Authorization for Use of Military Force, which is still in effect. And that was passed, of course, on September 14, 2001, three days later. Sen. Graham: Let's talk about the law and war. Is there a body of law called the law of armed conflict? Kavanaugh: There is such a body, Senator. Sen. Graham: Is there a body of law that's called the basic criminal law? Kavanaugh: Yes, Senator. Sen. Graham: Are there differences between those two bodies of law? Kavanaugh: Yes, Senator. Sen. Graham: From an American citizen's point of view, do your constitutional rights follow you? If you're in Paris, does the Fourth Amendment protect you as an American from your own government? Kavanaugh: From your own government, yes. Sen. Graham: Okay. So, if you're in Afghanistan, do your constitutional rights protect you against your own government? Kavanaugh: If you're an American in Afghanistan, you have constitutional rights as against the U.S. government. Sen. Graham: Is there a longstanding— Kavanaugh: That's long-settled law. Sen. Graham: Isn't there also a long-settled law that—it goes back to Eisentrager case—I can't remember the name of it— Kavanaugh: Yeah, Johnson v. Eisentrager. Sen. Graham: Right. —that American citizens who collaborate with the enemy have considered enemy combatants? Kavanaugh: They can be. Sen. Graham: Can be. Kavanaugh: They can be. They're often—they're sometimes criminally prosecuted, sometimes treated in the military sense. Sen. Graham: Well, let's talk about "can be." I think the— Kavanaugh: Under Supreme Court precedent— Sen. Graham: Right. Kavanaugh: —just want to make….yeah. Sen. Graham: There's a Supreme Court decision that said that American citizens who collaborated with Nazi saboteurs were tried by the military. Is that correct? Kavanaugh: That is correct. Sen. Graham: I think a couple of them were executed. Kavanaugh: Yeah. Sen. Graham: So if anybody doubts, there's a longstanding history in this country that your constitutional rights follow you wherever you go, but you don't have a constitutional right to turn on your own government, collaborate with the enemy of the nation. You'll be treated differently. What's the name of the case, if you can recall, that reaffirmed the concept that you could hold one of our own as an enemy combatant if they were engaged in terrorist activities in Afghanistan? Are you familiar with that case? Kavanaugh: Yeah. Hamdi. Sen. Graham: Okay. So the bottom line is I want every American citizen to know you have constitutional rights, but you do not have a constitutional right to collaborate with the enemy. There's a body of law well developed long before 9/11 that understood the difference between basic criminal law and the law of armed conflict. Do you understand those differences? Kavanaugh: I do understand that there're different bodies of law, of course, Senator. Hearing: 2018 Day 2 Part 2 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 5, 2018. Witness: Brett Kavanaugh Hearing: 2018 Day 2 Part 3 Kavanaugh Confirmation Hearing, Senate Judiciary Committee, September 5, 2018. Witness: Brett Kavanaugh Sound Clips: 25:10 Brett Kavanaugh: My case, I upheld, importantly I upheld limits on contributions in the RNC case and in the Bluman case, and the Supreme Court has upheld contribution limits generally but struck them down when they're too low in cases like Randall v. Sorrell, and McCutcheon. 54:45 Brett Kavanaugh: The religious tradition reflected in the First Amendment is a foundational part of American liberty, and it's important for us as judges to recognize that and not—and recognize too that, as with speech, unpopular religions are protected. Our job—we can, under the Religious Freedom Restoration Act, question their sincerity of a religious belief, meaning, is someone lying or not about it? But we can't question the reasonableness of it, and so the Supreme Court has cases with all sorts of religious beliefs protected—Justice Brennan really the architect of that. So religious liberty is critical to the First Amendment and the American Constitution. 1:50:00 Brett Kavanaugh: All the significant wars in U.S. history have been congressionally authorized, with one major exception—the Korean War. And the Korean War is an anomaly in many respects, and I think some of—the fact that it was undeclared and unauthorized really did lead to the Youngstown decision. But, you know, Vietnam, the Persian Gulf War, the AUMF against al Qaeda, the 2003 Iraq War, and then going back, World War II, World War I, the War of 1812—they're all congressionally authorized. You can go back throughout, and I specify that. And so the war power, the power to take the nation into war, at least a significant one—and there's some questions about short-term air strikes and things like that—but a significant war, that's the biggest of all, and that's something that Hamilton talked about in '69 and that our historical practice, I think, is actually lived up to. I don't mean to footnote Korea—that's an enormous exception—but since then, they've all been congressionally authorized. 1:56:30 Senator Ben Sasse (NE): And one of the reasons that the executive branch seems so powerful right now is, again, because of how weak the legislature is. I mean, it's a fundamental part of why we have the term "president." In the 1780s, this wasn't a very common term in the English language. "President" was just a nounified form of the name "presiding officer," and we made it up, our founders made it up so that we wouldn't have a term that sounded a lot like a king. And so we wanted to be sure that the term "presiding officer" sounded pretty boring and administrative, because the legislative, the policymaking powers were supposed to sit in this body, and the Article Two branch is supposed to preside over and execute the laws that have been passed. It's not supposed to be the locus of all policymaking in America, but one of the reasons we have some of these problems with so many of these executive agencies is because Congress regularly doesn't finish its work, punch those powers to Article Two, and then it's not clear who exactly can execute all those authorities. And so we end up with this debate about the unitary executive, and you had a different term for it, but unpack for us a little bit why you have a different view about both the prudence and the constitutionality of one-person-headed independent executive agencies or pseudo-independent agencies versus commission-structure-headed independent agencies. Brett Kavanaugh: The traditional independent agencies that were upheld by the Supreme Court in Humphrey's Executor in 1935 are multi-member independent agencies. And so usually sometimes three, five, occasionally more, but they're multi-member independent agencies, and that's been all the way through. And then the—for the significant independent agencies—the CFPB—and I had no—it's not my role to question the policy or to question the creation of the new agency. In fact, I think it was designed for efficiency and centralization of certain overlapping authorities. It's not my role to question that policy. Someone challenged the fact that it was headed, for the first time on something like this, by a single person. And a couple things, then, I wrote about in my dissent in that case—I'll just repeat what I wrote in the dissent—I said, "First of all, that's a departure from historical practice of independent agencies, and that matters according to the Supreme Court." They had a previous case involving the PCAOB, where they had different innovation there that the Supreme Court had struck down in part because of the novelty of it. So departure from historical practice matters because precedent always matters, including executive precedent. Then, diminution of presidential authority beyond the traditional independent agencies in this sense. With traditional independent agencies, when a new president comes in office, almost immediately the president has been given the authority to designate a new chair of the independent agencies, so when a new—when President Obama came in, was able to designate new chairs of the various independent agencies, and the chairs, of course, set the policy direction and control the agenda. That's historically been the way. That does not happen with the CFPB. And finally, having a single person—just going back to liberty—who's in charge, who's not removable at will by anyone, not accountable to Congress, in charge of a huge agency is something that's different and has an effect on individual liberty. So a single person can make these enormous decisions—rule makings, adjudications, and enforcement decisions, all of them—and from my perspective—I am just repeating what I wrote here. I'm not intending to go beyond what I wrote in that opinion that was an issue of concern. And I did put in a hypothetical because it seems abstract that—I think we'll realize this issue with that agency or any other—when a president comes in to office and has to live for three, four years with a CFPB director appointed by the prior president. And then I think everyone's going to realize—of a different party— Sen. Sasse: Right. Kavanaugh: — in particular—and then I think everyone's going to realize, wow, that's an odd structure. Now, maybe not, but that's what I wrote in my opinion that that will seem very weird because that's not what happens with all the traditional independent agencies. And so whenever any president leaves and has appointed in the last two years a CFPB director, the new president might campaign on consumer protection. Let's imagine, okay, presidential campaigns on consumer protection and consumer issues and then comes into office and can't actually appoint a new CFPB director for the whole term of his or her office, that's going to seem, I think, quite odd structurally. At least, that's what I said in my opinion. Hearing: 2018 Day 2 Part 4 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 5, 2018. Witness: Brett Kavanaugh Sound Clips: 4:45 Senator Richard Blumenthal (CT): I want to talk about Jane Doe in Garza v. Hagen. As you know, she was a 17-year-old unaccompanied minor who came across this border, having escaped serious, threatening, horrific physical violence in her family, in her homeland. She braved horrific threats of rape and sexual exploitation as she crossed the border. She was eight weeks pregnant. Under Texas law, she received an order that entitled her to an abortion, and she also went through mandatory counseling, as required by Texas law. She was eligible for an abortion under that law. The Trump administration blocked her. The Office of Refugee Resettlement forced her to go to a crisis pregnancy center, where she was subjected to medically unnecessary procedures. She was punished by her continued requests to terminate her pregnancy by being isolated from the rest of the residents. She was also forced to notify her parents, which Texas law did not require. And the pregnancy, which was eight weeks, was four weeks further when you participated on a panel that upheld the Trump administration in blocking her efforts to terminate her pregnancy. The decision of that panel was overruled by a full court of the D.C. Circuit Court of Appeals. It reversed that panel, and the decision and opinion in that case commented "the flat barrier that the government has interposed to her knowing and informed decision to end the pregnancy defies controlling Supreme Court precedent." And it said further, "The government's insistence that it must not even stand back and permit abortion to go forward for someone in some form of custody is freakishly erratic." In addition to being erratic, it also threatened her health because she was unable to terminate her pregnancy for weeks that further increased the risk of the procedure—one study said 38 percent every week her health was threatened. She was going through emotional turmoil. And yet, in your dissent, you would have further blocked and delayed that termination of pregnancy. All of what I said is correct, hence to the facts here, correct? Brett Kavanaugh: No, Senator. I respectfully disagree in various parts. My ruling, my position in the case would not have blocked— Sen. Blumenthal: It would have delayed it. And it would have set imperiously close to the 20-week limit under Texas law, correct? Kavanaugh: No. We were still several weeks away. I said several things that are important, I think. First— Sen. Blumenthal: Well, I want to go on because I can read your dissent, but I want to go to— Kavanaugh: Well, but you read several things, respectfully—first of all, I think the opinion was by one judge that you're reading from that was not the opinion for the majority. Secondly, I was trying to follow precedent of the Supreme Court on parental consent, which allows some delays in the abortion procedure so as to fulfill the parental-consent requirements. I was reasoning by analogy from those. People can disagree, I understand, on whether we were following precedent, how to read that precedent, but I was trying to do so as faithfully as I could and explained that. I also did not join the separate opinion, the separate dissent, that said she had no right to attain an abortion. ____(04:29) I did not say that. And I also made clear that the government could not use this immigration-sponsor provision as a ruse to try to delay her abortion past, to your point, the time when it was safe. 21:15 Brett Kavanaugh: And I said, thirdly, that if the nine days or seven days expired, that the minor at that point—unless the government had some argument that had not unfolded yet that was persuasive, and since they hadn't unfolded it yet, I'm not sure what that would have been—that the minor would have to be allowed to obtain the abortion at that time. Hearing: 2018 Day 2 Part 5 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 5, 2018. Hearing: 2018 Day 3 Part 1 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 6, 2018. 30:35 Senator Dianne Feinstein (CA): It's my understanding that by agreement with private lawyer Bill Burke, the chairman has designated 190,000 pages of Kavanaugh's records "committee confidential," and by doing this, Republicans argue members can't use these documents at the hearing or release them to the public. Unlike the Intelligence Committee—and I've been a member for about two decades—the judiciary committee doesn't have any standing rules on how and when documents are designated "committee confidential." Previously, the judiciary committee has made material confidential only through bipartisan agreement. That has not been done in this case. So this is without precedent. Republicans claim that Chairman Leahy accepted documents on a committee-confidential basis during the Kagan administration. It's my understanding that those documents were processed through the National Archives, not private partisan lawyers, and Republicans agreed. Ninety-nine percent of Elena Kagan's White House records were publicly available and could be used freely by any member. By contrast, the committee has only seven percent of Brett Kavanaugh's White House records and only four percent of those are available to the public. No Senate or committee rule grants the chairman unilateral authority to designate documents "committee confidential." So I have no idea how that stamp "committee confidential" got on these documents. 39:10 Senator John Cornyn (TX): Mr. Chairman, I'm looking at a Wall Street Journal article, back during the Elena Kagan nomination. It says, document production from Elena Kagan's years in the Clinton White House counsel's office was supervised by Bruce Lindsey, whose White House tenure overlapped with Ms. Kagan. Bill Clinton designated Mr. Lindsey to supervise records from his presidency in cooperation with the National Archives and Records Administration under the Presidential Records Act. So President Bush, by choosing Mr. Burke, is doing exactly what President Clinton did in choosing Bruce Lindsey for that same purpose. 1:51:22 Brett Kavanaugh: My religious beliefs have no relevance to my judging. I judge based on the Constitution and laws of the United States. I take an oath to do that, and for 12 years I've lived up to that oath. At the same time, of course, as you point out, I am religious, and I am a Catholic, and I grew up attending Catholic schools. And the Constitution of the United States foresaw that religious people or people who are not religious are all equally American. As I've said in one of my opinions, the Newdow opinion, no matter what religion you are or no religion at all, we're all equally American, and the Constitution of the United States also says in Article Six, no religious tests shall ever be required as a qualification to any office or public trust under the United States. That was an important provision to have in the founding Constitution to ensure that there was not discrimination against people who had a religion or people who didn't have a religion. It's a foundation of our country. We're all equally American. Hearing: 2018 Day 3 Part 2 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 6, 2018. 22:30 Senator Mike Lee (UT): What you were asked about was whether or not you were involved in crafting the policies that would govern detention of enemy combatants. Is that right? Brett Kavanaugh: That's correct. Sen. Lee: And that was a classified program, classified at a very high level, presumably compartmentalized such that you would have had to have been read into that program in order to participate in that process. Is that right? Kavanaugh: I believe that's correct. Read in. I wasn't necessarily using the formal sense of that, but what I meant is I was not a part of that program. Sen. Lee: Okay. But that is a binary issue. You were either involved in the development of that policy or you were not. Kavanaugh: That's correct. Sen. Lee: And you were not. Kavanaugh: That's correct. Sen. Lee: And Tim Flanigan, who was, I believe, at the time the White House counsel. Kavanaugh: He was the deputy counsel. Sen. Lee: The deputy counsel. Has confirmed that you were not involved in that. Kavanaugh: That's correct. Sen. Lee: We have your word and the word of the then-deputy White House counsel. Then, there is a separate issue. Well, I guess one could argue a related issue, but a separate— Protesters: [unclear] Unknown Speaker: ____(01:17—I don't know if it's worth it, but he said something that got read into it. I don't know whether people understand what it means.) Sen. Lee: I assume that won't be counted against me, there. Unknown Speaker: It will be counted against you. Sen. Lee: Oh, okay. All right, well, I'll have to speak more quickly then. When we talk about being read into, that is a colloquial term that we sometimes refer to. It's government speak that talks about being cleared to discuss certain classified matters. In any event, you were not brought into the development of this policy. Kavanaugh: That's correct. Sen. Lee: Secondly, there was a separate, arguable related, but a distinct issue involving a meeting where you were asked for your opinion about how Justice Kennedy might react to certain legal arguments that people in the administration were pushing. Is that right? Kavanaugh: That's correct. Sen. Lee: And you answered that question. Kavanaugh: I said that indefinite detention of an American citizen without access to a lawyer, which at the time was what was happening in that particular case, would never fly with Justice Kennedy. Hearing: 2018 Day 3 Part 3 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 6, 2018. Hearing: 2018 Day 3 Part 4 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 6, 2018. 18:25 Senator Jeff Flake (AZ): Specifically, what impact does technology have on the Fourth and the First Amendments? Brett Kavanaugh: So I think the Carpenter case explains that once upon a time if a piece of information of yours ended up in the hands of a third party, and the government got a third party, that really wasn't of any effect on your privacy. But now when all of our data is in the hands of a business, a third party, and the government obtains all your data, all your emails, all your tax, all your information, your financial transactions, your whole life is in the hands of a data company, and the government gets that, your privacy is very well affected. And that's the importance, I think, of the Carpenter decision is that it recognizes that change in understanding of our understandings of privacy, and I think going forward, that's going to be a critical issue. 1:27:10 Brett Kavanaugh: One of the things that we have to do as judges, as I've emphasized many times in this hearing, is maintain the independence of the federal judiciary, independence from politics, independence from political influence or public pressure or public influence. And part of that, part of the canons for federal judges, federal judiciary, is that we don't attend political rallies, we're not allowed to donate to political campaigns, support political candidates, put bumper stickers on our cars, signs in our yards. And one of the things I decided—we are allowed, technically, to vote, but one of the things I decided after I voted in the first election, and I read something about how the second Justice Harlan decided not to vote in elections because he thought that reinforced the independence that he felt as a judge. And I thought about that, and I decided to follow that lead. I'm not saying my approach is right, and other judges take a different approach on that, and I fully respect that. But for me it just felt more consistent for me, with the independence of the judiciary, not to vote, because I've always considered voting a sacred responsibility and one in which I think very deeply about the policies I'm supporting and the people I'm supporting, and that seemed almost as if I were taking policy views, at least to myself, into the voting booth, and I didn't want to do that as a judge. So I decided to follow the lead of the second Justice Harlan. I'll be the first to say I'm not the second Justice Harlan. He was a great justice on the Supreme Court and someone, of course, who I would be—if I were to be confirmed—honored to be on that Court and follow in his lead. Senator John Kennedy (LA): So you don't vote in political elections. Kavanaugh: I do not vote in political elections. Sen. Kennedy: Interesting. Hearing: 2018 Day 3 Part 5 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 6, 2018. Hearing: 2018 Day 3 Part 6 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 6, 2018. Hearing: 2018 Day 3 Part 7 Kavanaugh Judicial Confirmation Hearing, Senate Judiciary Committee, September 6, 2018. Hearing: Supreme Court Nominee Brett Kavanaugh Sexual Assault Hearing, Professor Blasey Ford Testimony, Senate Judiciary Committee, September 27, 2018. 3:37 Dr. Christine Blasey Ford: When I got to the small gathering, people were drinking beer in a small living room/family room-type area on the first floor of the house. I drank one beer. Brett and Mark were visibly drunk. Early in the evening, I went up a very narrow set of stairs, leading from the living room to a second floor to use the restroom. When I got to the top of the stairs, I was pushed from behind, into a bedroom across from the bathroom. I couldn't see who pushed me. Brett and Mark came into the bedroom and locked the door behind them. There was music playing in the bedroom. It was turned up louder by either Brett or Mark once we were in the room. I was pushed onto the bed, and Brett got on top of me. He began running his hands over my body and grinding into me. I yelled, hoping that someone downstairs might hear me. And I tried to get away from him, but his weight was heavy. Brett groped me and tried to take off my clothes. He had a hard time because he was very inebriated and because I was wearing a one-piece bathing suit underneath my clothing. I believed he was going to rape me. I tried to yell for help. When I did, Brett put his hand over my mouth to stop me from yelling. This is what terrified me the most and has had the most lasting impact on my life. It was hard for me to breathe, and I thought that Brett was accidentally going to kill me. Both Brett and Mark were drunkenly laughing during the attack. They seemed to be having a very good time. Mark seemed ambivalent at times, urging Brett on, and at times telling him to stop. A couple of times I made eye contact with Mark and thought he might try to help me, but he did not. During this assault, Mark came over and jumped on the bed twice while Brett was on top of me. And the last time that he did this, we toppled over, and Brett was no longer on top of me. I was able to get up and run out of the room. Directly across from the bedroom was a small bathroom. I ran inside the bathroom and locked the door. I waited until I heard Brett and Mark leave the bedroom, laughing, and loudly walked down the narrow stairway, pinballing off the walls on the way down. I waited, and when I did not hear them come back up the stairs, I left the bathroom, went down the same stairwell, through the living room, and left the house. I remember being on the street and feeling this enormous sense of relief that I escaped that house and that Brett and Mark were not coming outside after me. Hearing: Supreme Court Nominee Brett Kavanaugh Sexual Assault Hearing, Professor Blasey Ford Testimony, Senate Judiciary Committee, September 27, 2018. 1:22:10 Senator Dick Durbin (IL): Dr. Ford, with what degree of certainty do you believe Brett Kavanaugh assaulted you? Dr. Christine Blasey Ford: 100 percent. Hearing: Supreme Court Nominee Brett Kavanaugh Sexual Assault Hearing, Judge Kavanaugh Testimony, Senate Judiciary Committee, September 27, 2018. 10:04 Brett Kavanaugh: This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons, and millions of dollars in money from outside left-wing opposition groups. This is a circus. 18:04 Brett Kavanaugh: From 2001 to 2006 I worked for President George W. Bush in the White House. As staff secretary, I was by President Bush's side for three years and was entrusted with the nation's most sensitive secrets. I travelled on Air Force One all over the country and the world with President Bush. I went everywhere with him, from Texas to Pakistan, from Alaska to Australia, from Buckingham Palace to the Vatican. Three years in the West Wing, five and a half years in the White House. 2:57:20 Senator John Kennedy (LA): None of these allegations are true. Brett Kavanaugh: Correct. Sen. Kennedy: No doubt in your mind. Kavanaugh: Zero. I'm 100 percent certain. Sen. Kennedy: Not even a scintilla. Kavanaugh: Not a scintilla. One hundred percent certain, Senator. Sen. Kennedy: Do you swear to God? Kavanaugh: I swear to God. Meeting: Meeting on Brett Kavanaugh Nomination, Senate Judiciary Committee, September 28, 2018. 4:12:55 Senator Jeff Flake (AZ): I have been speaking with a number of people on the other side. We've had conversations ongoing for a while with regard to making sure that we do due diligence here. And I think it would be proper to delay the floor vote for up to, but not more than, one week in order to let the FBI continue—to do an investigation, limited in time and scope to the current allegations that are there, and a limit in time to no more than one week. And I will vote to advance the bill to the floor, with that understanding. Community Suggestions See Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)

Our duty as voters is to judge the job performance of our members of Congress and decide whether or not they deserve to be re-hired or fired from their positions as lawmakers. In this episode, Jen summarizes 20 controversial bills and laws that passed during the 115th Congress which you can use to judge whether your Representative and two Senators have voted in your best interest. Links to all of the votes are listed in this episode's show notes on www.congressionaldish.com Please Support Congressional Dish - Quick Links Click here to contribute a lump sum or set up a monthly contribution via PayPal Click here to support Congressional Dish for each episode via Patreon Send Zelle payments to: Donation@congressionaldish.com Send Venmo payments to: @Jennifer-Briney Use your bank's online bill pay function to mail contributions to: 5753 Hwy 85 North Number 4576 Crestview, FL 32536 Please make checks payable to Congressional Dish Thank you for supporting truly independent media! Recommended Congressional Dish Episodes CD174: Bank Lobbyist Act CD163: Net Neutrality CD157: Failure to Repeal CD151: AHCA - The House Version (American Health Care Act) CD129: The Impeachment of John Koskinen CD069: Giving Away Your Land CD048: The Affordable Care Act (Obamacare) Bills S.2155: Economic Growth, Regulatory Relief, and Consumer Protection Act, introduced Nov 16, 2017, enacted May 24, 2018. Outlined in detail in CD174: Bank Lobbyist Act First significant re-writing of the banking laws since Dodd-Frank in 2010 Most significant change: Kills a Dodd-Frank requirement that banks with more than $50 billion in assets undergo stress tests to ensure their stabilityr. Bank Lobbyist Act changed that so stress tests will only be required for banks with over $250 billion. This exempts 25 of the 38 largest US banks from important regulations. Passed the Senate 67-31 Passed House of Representatives 258-159 H.R.1628: American Health Care Act of 2017, introduced March 20, 2017, passed House May 4. 2017. Outlined in detail in CD151: ACHA The House Version (American Health Care Act) There were quite a few versions of bills that would have ripped up the rules placed on insurance companies by the Affordable Care Act, but every version - including this one - eliminated the requirements that health insurance cover "essential health benefits", which include: Ambulances Emergencies Hospital stays Maternity and newborn care Mental health Prescription drugs Rehab Lab work Preventative visits Dental and vision for children Would have also allowed - in some circumstance - insurance companies to charge us more for "pre-existing conditions" Passed the House of Representatives 217-213 All Democrats no's 20 Republicans no's S.Amdt. 667 (McConnell) to H.R. 1628: Of a perfecting nature., July 28, 2017. The "Skinny Repeal" is a wildly irresponsible 8 page bill, which was only available to read for a few hours before the vote, which also would have allowed the sale of health insurance that doesn't cover the essential health benefits. This vote was the famous, dramatic moment when John McCain turned his thumb down and killed the bill. Get the full story in CD157: Failure to Repeal Failed Senate 49-51 All Democrats and Independents voted no S.J.Res. 34: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to "Protecting the Privacy of Customers of Broadband and Other Telecommunications Services." introduced March 7, 2017, enacted April 3, 2017. Regulation overturned: Killed a regulation that applied the privacy requirements of the Communications Act of 1934 to internet access and telecommunications providers. Required them to: Provide privacy notices that clearly and accurately inform customers Get opt-in or opt-out customer approval to use and share customer information Require opt-in's when the company is making money from selling our information Secure our information Notify customers of data breaches Not condition service upon the customer's surrender of privacy rights Passed Senate 50-48 All Republicans yes All Democrats and Independents no Passed House 215-205 - All Democrats no H.R. 21: Midnight Rules Relief Act of 2017, introduced January 3, 2017, passed House January 4, 2017. Allows Congress to bundle rules that they want to prevent into one bill so there is a single vote on a joint resolution of disapproval. This means that each one will not be carefully considered as is required now. Passed the House of Representatives 238-184 Every Democrat voted no Has not been voted on in the Senate H.R. 26: Regulations from the Executive in Need of Scrutiny Act of 2017, introduced January 3, 2017, passed House January 5, 2017. Changes the Congressional Review Act to require Congressional review of major agency regulations before they can go into effect. Passed the House 237-187 all Republicans voted yes Has not been voted on in the Senate H.J.Res. 38: Disapproving the rule submitted by the Department of the Interior known as the Stream Protection Rule, introduced January 30, 2017, enacted February 16, 2017. Regulation overturned: Killed the "Stream Protection Rule", which required permits to specify when coal mining would reach a damaging level for ground and surface water quality. Stricter water quality monitoring requirements in streams. Required land disturbed by mining be restored to a condition similar to what it was before the mining. Passed Senate 54-45 Passed House 228-194 H.J.Res. 41: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Securities and Exchange Commission relating to "Disclosure of Payments by Resource Extraction Issuers." introduced January 30, 2017, enacted February 14, 2017. Regulation overturned: Kills a regulation requiring fossil fuel companies to annually report any payments made by the company or a subsidiary to a foreign government or the Federal Government for the commercial development of oil, natural gas, or minerals. Passed Senate 52-47 All Republicans yes All Democrats and Independents no Passed House 235-187 H.J.Res. 44: Disapproving the rule submitted by the Department of the Interior relating to Bureau of Land Management regulations that establish the procedures used to prepare, revise, or amend land use plans pusuant to the Federal Land Policy and Management Act of 1976, introduced January 30, 2017, enacted March 27, 2017. Regulation overturned: Kills a regulation that enhanced opportunities for public involvement during the preparation of resource management plans by increasing public access to plans in earlier stages of the process, allowing the public to submit data and other information. Passed Senate 51-48 All Republicans yes All Democrats and Indepedents no Passed House 234-186 H.J.Res. 40: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Social Security Administration relating to Implementation of the NICS Improvement Amendments Act of 2007, introduced January 30, 2017, enacted February 28, 2017. Regulation overturned: Kills a regulation that required Federal agencies to give the Attorney General information on more people for inclusion in the National Instant Criminal Background Check System (NICS). People who would be added include people collecting disability benefits due to mental instability. Passed Senate 57-43 All Republicans voted yes Passed House 235-180 H.J.Res. 83: Disapproving the rule submitted by the Department of Labor relating to Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness, introduced February 21, 2017, enacted April 3, 2017. Regulation overturned: Kills a regulation that made clear that the requirement to record work-related injuries and illnesses is an ongoing obligation; the duty does not expire if the employer fails to create records in the first place. The records must be complete for as long as records are required, which is 5 years and citations can be issued for up to 6 months after that. Passed Senate 50-48 All Republicans yes All Democrats and Independents no Passed House 231-191 H.J.Res. 37: Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation, introduced January 30, 2017, enacted March 27, 2017. Regulation overturned: Kills a regulation that required contractors for the Defense Department, General Services Administration, and NASA to report their compliance with 14 federal labor laws, required contractors to provide documentation on "hours worked, overtime hours, pay, and additions to or deductions from pay" in each pay period, and limited mandatory arbitration of employee claims for contracts and subcontracts worth more than $1 million. Passed Senate 49-48 All Republicans voted yes All Democrats and Independents voted no Passed House 236-187 H.J.Res. 111: Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Finanacial Protection relating to "Arbitration Agreements" introduced July 20, 2017, enacted November 1, 2017. Regulation Overturned: Killed a regulation that prohibited banks and other financial institutions from forcing arbitration in their contracts to prevent customers from filing and participating in class action lawsuits. Passed Senate 51-50 VP Mike Pence broke the tie All Democrats and Independents voted no Passed House 231-190 All Democrats voted no S.J.Res. 57: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer financial Protection relating to "Indirect Auto Lending and Cmopliance with the Equal Credit Opportunity Act" introduced March 22, 2018, enacted May 21, 2018. CFPB regulation overturned: Killed a regulation that included auto dealers in the definition of "creditor" for the purpose of prohibiting them from discriminating in any way in a credit transaction on the basis of race, color, religion, national origin, sex, marital status, age, or welfare assistance. Passed Senate 51-47 All Republicans yes All Independents no Passed House 234-175 S. 204: Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2017, introduced January 24, 2017, enacted May 30, 2018. Allows people diagnosed with a life-threatening diseases or conditions who have exhausted approved treatment options and can't participate in a clinical trial on an experimental drug that has not been FDA approved to get that drug directly from the drug company, with a doctor's approval. Allows drug companies to sell their unapproved drugs directly to customers as long as the drugs have to have been through a completed Phase 1 of a clinical trial. This law says the Secretary of HHS can't use the clinical outcomes of the patient's use of the drug to delay or adversely affect the review or approval of the drug, unless he/she certifies it's for safety reasons or the drug company requests that data be used. Gives legal immunity to the drug companies, prescribers, dispensers or an "other individual entity" unless there is willful misconduct, gross negligence, to the intentional breaking of a state law. Passed the Senate by unanimous consent (no recorded vote) Passed House 250-169 on May 22 All Republican votes were yes's Along with 22 Democrats H.R. 772: Common Sense Nutrition Disclosure Act of 2017, introduced January 31, 2017, passed House February 6, 2018. Changes the calorie disclosure requirements from telling us the number of calories in the standard menu item as usually prepared to allowing them to tell us the calories per serving, with them determining what a serving is. Allows restaurants to choose whether they will display calories by entire combo meals, by individual items in combos, by servings in items in combos. Let's them use ranges, averages, or "other methods" as determined by the Secretary of Health and Human Services (making it a decision of political appointee) Eliminates the requirement that restaurants provide calories in store if "the majority of orders are placed by customers who are off-premises" Restaurants will not be required to get any signed certifications of compliance. Restaurants can not be held liable in civil courts for violating nutrition disclosure laws. Passed the House 266-157 Has not been voted on in the Senate H.R. 2936: Resilient Federal Forests Act of 2017, introduced June 20, 2017, passed House November 1, 2017. Allows more wood to be removed by the logging industry from Federal Forests and exempts them some from environmental regulations Passed House 232-188 Has not been voted on in the Senate H.R. 4606: Ensuring Small Scale LNG Certainty and Access Act, introduced December 11, 2017, passed House September 6, 2018. Deems the importation or exportation of natural gas to be "consistent with the public interest" and says the applications for importation or exportation "shall be granted without modification or delay" if the volume does not exceed 0.14 billion cubic feet per day and if the application doesn't require an environmental impact statement. Passed House 260-146 Has not been voted on in the Senate H.R. 1119: Satisfying Energy Needs and Saving the Environment Act (SENSE Act), introduced Febraury 16, 2017, passed House March 8, 2018. Says the EPA must give coal companies the choice of if their steam generators will comply with emissions standards for hydrogen chloride or sulfur dioxide. The EPA is not allowed to require compliance with both Passed House 215-189 Has not been voted on in the Senate H.R. 3053: Nuclear Waste Policy Amendments Act of 2018, introduced June 26, 2017, passed House May 10, 2018. Forces the continuance of the process of moving all the nuclear waste in the United States to Yucca Mountain in Nevada. Grants the entire US government immunity for damages caused in the course of "any mining, mineral leasing, or geothermal leasing activity" conducted on the land reserved for nuclear waste disposal. Speeds up the approval process by 6 months for interim storage and basically forbids disapproval Would Increase by 57% the amount of spent fuel allowed to be held during construction - no environmental review to make sure the tanks can hold this much The Secretary of Energy does NOT need to consider alternative actions or no-action alternatives to infrastructure projects needed for Yucca mountain as far as environmental analysis are concerned. Passed the House of Representatives 340-72 Has not been voted on in the Senate H.R. 7: No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2017, introduced January 13, 2017, passed House January 24, 2017. Makes permanent a common funding law amendment that prevents federal money from being used to perform abortions. This bill would also prevent any government payment assistance on the health insurance exchanges for plans that cover abortion - which effectively would stop health insurance companies from offering abortion coverage in their plans since that would make them ineligible for many of us to purchase. Passed the House of Representatives 238-183 All Republicans voted yes Has not been voted on in the Senate Additional Reading Article: Pompeo eyes Fox News reporter to head Counterpropaganda Office by Robbie Gramer and Elias Groll, Foreign Policy, September 6, 2018. Article: "Right to Try" is a cruel farce by Beatrice Adler-Bolton, Jacobin Magazine, August 12, 2018. Article: The 'right to try' could cost dying patients a fortune by Michelle Cortez, Bloomberg, June 20, 2018. Article: Congress works to revive long-delayed plan to store nuclear waste in Yucca Mountain by Michael Collins, USA Today, June 3, 2018. Report: Johnson to FDA: Agency should comply with right to try law, U.S. Senate Committee on Homeland Security & Governmental Affairs, May 31, 2018. Article: Senator behind right-to-try law says its intent is to weaken FDA by Anna Edney, Bloomberg, May 31, 2018. Opinion: Right to Try Act poses big challenge for FDA by Michael D. Becker, NPR, May 24, 2018. Article: Right-to-try bill headed for vote puts bigger burden on FDA to protect patients, Gottlieb says by Ike Swetlitz and Erin Mershon, Stat News, May 17, 2018. Article: Walden, Shimkus, Lance, Walters steer House toward advancing nuclear waste bill by Ripon Advance News Service, May 14, 2018. Article: House passes Yucca bill, but its future is uncertain as Heller pledges to stop it in the Senate by Humberto Sanchez, The Nevada Independent, May 11, 2018. Article: The revenge of the stadium banks by David Dayen, The Intercept, March 2, 2018. Article: Pence says that Congress should get right-to-try legislation 'done' by Erin Mershon, Stat News, January 18, 2018. Statement: Examining patient access to investigational drugs by Scott Gottlieb, FDA.gov, October 3, 2017. Article: What was in the failed Senate 'skinny repair' health care bill? by Tami Luhby, CNN Money, July 28, 2017. Article: Scott Gottlieb: Conflicts surround Trump's FDA pick by Sandee LaMotte, CNN, April 4, 2017. Report: House passes bill to overturn 'midnight' regulations en masse by Lydia Wheeler, The Hill, January 4, 2017. Article: Now you have to keep OSHA injury records for 5 years by Fred Hosier, Safety News Alert, December 21, 2016. Opinion: With Harry Reid's retirement, will the Yucca Mountain plan be revived? by The Times Editorial Board, Los Angeles Times, December 8, 2016. Article: Bankers ease rules on automatic student loan defaults by Danielle Douglas-Gabriel, The Washington Post, October 27, 2016. Article: Sallie Mae under fire for death-induce defaults by Shahien Nasiripour, Huffpost, April 25, 2014. Report: Victim: Gang-rape cover-up by U.S., Halliburton/KBR by Brian Ross, Maddy Sauer, And Justin Rood, ABC News, December 10, 2007. Resources Company Information: Volks Constructors Corporation Congressional Publication: Disapproval of Regulations by Congress: Procedure Under Congressional Review Act, Oct 10, 2001. Court Report: Petition for Review of a Final Order of the Occupational Safety & Health Review Commission Disease Information: Duchenne Muscular Dystrophy (DMD), MDA.org Explanatory Statement: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018 Fact Sheet: President Trump: Cutting Red Tape for American Businesses FDA: Expanded Acces INDs and Protocols Law Resolutions: Congressional Review Act (CRA) Letter: Scott Gottlieb to Elizabeth J. Fischmann, Associate General Councel for Ethics Letter to the Senate: Dean Heller, Re: 2019 NRC Approps LinkedIn Profile: Scott Gottlieb OpenSecrets.org: Rep. Bruce Westerman - Arkansas District 04 OpenSecrets.org: Rep. Cathy McMorris Rodgers - Washington District 05 OpenSecrets.org: Domino's Pizza OpenSecrets.org: Sen. Ron Johnson - Wisconsin Study Report: Clinical Development Success Rates Study 2006-2015 Sound Clip Sources House Session: Legislative Day of May 22, 2018, HouseLive.gov. 6:13:00 - Rep. Mike Burgess (TX) "The bill we will be voting out soon is about patients. It is about having more time with their loved ones. In the words of Vice President MIKE PENCE, ''It's about restoring hope and giving patients with life-threatening diseases a fighting chance.'' With hundreds of thousands of Americans with a terminal illness and their families looking for us to act, I urge Members of this House, the people's House, to support restoring hope and giving them a fighting chance at life." Hearing: House Hearing; Yucca Mountain, May 10, 2018. 32:00 Representative Greg Walden (OR): You know, the Department of Energy's Hanford site is just up the mighty Columbia River from where I live and where I grew up. That area and those workers helped us win World War II, and the site's nuclear program was instrumental in projecting peace through strength throughout the Cold War. While the community has been a constructive partner in support of our vital national security missions, it did not agree to serve as a perpetual storage site for the resulting nuclear waste. Fifty-six million gallons of toxic waste sitting in decades-old metal tanks at Hanford—these are those tanks that were being constructed to hold this waste. They are now buried in the ground. The only entry point is right here. The amount of waste stored at Hanford would fill this entire House Chamber 20 times over. According to a recent Government Accountability Office report, the oldest of these tanks, some of which date back to the 1940s, have single-layer walls, or shells. They were built to last 20 years. They will be almost 100 years old by the estimated end of their waste treatment. The Department of Energy has reported that 67 of these tanks are assumed or known to have leaked waste into the soil. There is an understandable sense of urgency in the Northwest behind the cleanup efforts that are under way at Hanford. H.R. 3053 will provide the pathway to clean up the contaminated Hanford site. You see, the waste from Hanford will end up in a secure permanent storage site that we believe will be Yucca Mountain. 35:15 Representative Greg Walden (OR): The legislation authorizes the Department of Energy to contract with private companies to store nuclear waste while DOE finishes the rigorous scientific analysis of the repository design and the associated Nuclear Regulatory Commission licensing process. So, an interim storage facility can bring added flexibility to DOE's disposal program and may provide a more expeditious near-term pathway to consolidate spent nuclear fuel. 41.31 Representative Fred Upton (MI): In my district, we have two nuclear plants. Both of them have run out of room in their storage, so they have dry casks that are literally a John Shimkus baseball throw away from Lake Michigan. Every one of these 100-some sites across the country is in an environmentally sensitive area, and at some point they're going to run out of room. In Michigan, we've got two other sites that also have dry casks in addition to the two in my district. 45:05 Representative Buddy Carter (GA): This legislation is important not only because of what it means to the future of clean-energy opportunities for this country, but also what this means for our communities. Nuclear energy has become a safe and effective way to generate energy, all while not producing greenhouse gas emissions. 53:29 Representative Leonard Lance (NJ): New Jersey is home to four nuclear reactors at three generating stations: Oyster Creek, Hope Creek, and Salem. Oyster Creek will be closing this October. In the congressional district I serve, these plants account for about half of the power generation and 90 percent of the carbon-free electricity. New Jersey's nuclear plants avoid 14 million tons of carbon emissions each year. Public Service, FirstEnergy, and Exelon are doing their part in storing their station's spent nuclear fuel on-site, but we need a permanent site. The expertise and know-how of the federal government has a responsibility to my constituents and to the American people. I want the 3,000 metric tons of nuclear waste out of New Jersey and consolidated in a national protected facility. 58:54 Representative Dina Titus (NV): The first ''Screw Nevada'' bill was passed in 1982, and since that time, Nevada's residents, elected officials, business leaders, health and environmental groups have steadfastly opposed the Yucca Mountain repository. I ask unanimous consent to enter into the record over 100 letters from those groups in opposition. 59:19 Representative Dina Titus (NV): You've heard that the legislation before you now, ''Screw Nevada 2.0,'' is a work of compromise, a bipartisan effort, not perfect, but a step forward. Well, that, frankly, is an opinion. It's not the facts. Here are the facts: the legislation overrides environmental laws, allowing the EPA to move the goalposts in terms of radiation limits to ensure that nothing will ever interfere with the agenda of the nuclear industry. It sets up a consent-based process for the establishment of an interim storage facility but imposes a permanent facility at Yucca Mountain. It increases the amount of nuclear waste to be dumped in Nevada by 37 percent, 110 metric tons more that were not considered in any of the environmental or safety studies being used to justify the project. It also removes the prohibition currently in law that prohibits Nevada from being the de facto interim storage facility until a permanent one can be licensed. It was also changed after passing out of committee to address the high scoring costs—is it already three minutes? Chairman: Gentlewoman's time has expired. Representative Paul Tonko: Mr. Speaker, we grant the gentlelady another minute. Chairman: Gentlelady's recognized. Rep. Titus: Thank you. —to address the high scoring costs, making it less likely that we get host benefits. Also, contrary to the sponsor's comments, the area around Yucca Mountain is not some desolate area. It has iconic wildlife, endangered species, and Native American artifacts. Also, the proposed facility sits above the water table and on an active fault and can only be reached by roads that travel through 329 of your congressional districts. 1:03:53 Representative Ruben Kihuen (NV): You know, Mr. Speaker, I find it offensive. I sit here and listen to all my colleagues, and they all want to send nuclear waste to the state of Nevada. They're all generating this nuclear waste, and they want to send it to my backyard right in the Fourth Congressional District. You know, bottom line is this, Mr. Speaker: if you generate nuclear waste, you should keep it in your own backyard. Don't be sending it to our backyard. 1:11:27 Representative Joe Courtney (CT): Next to me is a picture of Haddam Neck, Connecticut, which is a pristine part of the state where the Connecticut River and the Salmon River come together. Where the circle is on the photograph, there are 43 casks of spent nuclear power uranium rods that, again, today, pretty much cordon off that whole area. If you drove up in a car, you'd be met by a platoon of heavily armed security guards who, for good reason, have to patrol that area every single day because of the dangerous material that is stored there. That has been the case for over 20 years. It costs Connecticut ratepayers $10 million a year, again, for a site that should be long overdue for renovation and access to folks from all over the world because of its rich archeological and historical area. This bill provides a way out for this area, along with 120 other sites across the country, that host communities have been saddled with storage of spent nuclear fuel because of the fact that this country has been unable to come together with a coherent policy. And this bill provides a way out. 1:15:23 Representative Dana Rohrabacher (CA): This bill authorizes the construction of Yucca Mountain as a nuclear waste storage site, which would alleviate the burden of incredible risk that is now borne by communities throughout the country, such as in my district, where homes are not far located from the closed San Onofre Nuclear Generating Station. That, and many other plants throughout the nation, have closed their doors in decades. Yet, Congress has yet to agree of how to safely store that waste, while—and what's really important is we must store the waste—but while we develop new nuclear energy technologies, that we are capable of doing, that are safe and produce less of their own waste and can consume the waste of older plants—I reminded Secretary of Energy Perry of that yesterday—but, in the meantime, until that technology—by the way, it is sinful that we have not developed that technology, which we are capable of, that could eat this waste—but until we do, having safe storage at Yucca Mountain makes all the sense to me and is safe for my constituents. 1:17:07 Representative Rick Allen (GA): Mr. Speaker, I have the great honor of representing Georgia's 12th Congressional District, which is home to every nuclear reactor in our state, and we are leading the way in the new nuclear. At Plant Vogtle, in my district, there are thousands of spent fuel rods being held in spent fuel pools and dry cask storage containers, and in the next few years we're going to double the number of nuclear reactors online at Vogtle. Hearing: House Hearing; Forests Act, November 1, 2017. 3:02:49 Representative Bruce Poliquin (MA): Now, H.R. 2936 brings federal regulations in line with this new technology and new standards of safety by allowing family-owned logging business the ability to train 16- and 17-year-olds under very close supervision of their parents. 3:23:31 Representative Greg Walden (OR): In Oregon, this bill would take away arbitrary prohibition on harvesting trees over 21 inches in diameter. It's tied the hands of our forest managers. 3:28:00 Representative Cathy McMorris Rodgers (WA): I represent the Colville National Forest, which is about a million-acre forest. It's really the engine of our economy in the Northwest, because what happens on the Colville National Forest determines whether or not we have Vaagen's lumber or 49 Degrees North ski resort or the biomass facility that Avista runs, converting wood waste into electricity. This is all providing jobs, energy, recreational opportunities. Yet mills have been closed, jobs have been lost. It's unacceptable. It's time to pass the Resilient Federal Forests legislation. 5:32:57 Representative Jeff Denham (CA): The Resilient Federal Forests Act gives us the tools to immediately reduce the threat of catastrophic wildfires. It allows us to expedite the removal of dead trees and rapidly mitigate disease-infested areas. 5:41:58 Representative Louie Gohmert (TX): If you want to just leave it to nature, nature will destroy massive numbers of acres of land. So we have a responsibility. Even in the Garden of Eden when things were perfect, God said, tend the garden. 6:06:29 Representative Raul Grijalva (AZ): This is not the first time we have seen the bill, this piece of legislation. House Republicans sent a version to the Senate in the 113th and the 114th Congress, where it languished on the shelf because our colleagues on the other side of the Capitol found it too extreme. Rather than view that experience as an opportunity to seek compromise, this time around, today, we are considering a bill that is even more extreme and polarizing. They doubled the environmental review waivers, added language to undermine the Endangered Species Act, and scaled back protections for national monuments and roadless areas. 6:07:39 Representative Raul Grijalva (AZ): But this bill is not about forest health or wildfire mitigation; it's about increasing the number of trees removed from our forests. 6:18:24 Representative Tom McClintock (CA): You know, there's an old adage that excess timber comes out of the forest one way or the other—it's either carried out or it burns out. When we carried it out, we had resilient, healthy forests and a thriving economy, as excess timber was sold and harvested before it could choke our forests to death. In the years since then, we've seen an 80 percent decline in timber sales from our federal lands and a concomitant increase in acreage destroyed by forest fire. I would remind my friend from Oregon that timber sales used to generate us money, not cost us money. The direct revenues and spin-off commerce generated by these sales provided a stream of revenues that we could then use to improve our national forests and share with the local communities affected. 6:22:38 Representative Jared Huffman (CA): Title I of this bill allows intensive logging projects of 10,000 to 30,000 acres each. That's as big as the entire city of San Francisco. Projects of that size can proceed on federal public lands without any environmental review under NEPA, without any compliance with the Endangered Species Act. Title II of the bill eliminates the requirement that the Forest Service consult with the Fish and Wildlife Service; essentially, lets the Forest Service decide for itself if it wants to follow the Endangered Species Act consultation requirements regarding any of its projects on public lands. Title III further chokes judicial review by prohibiting the recovery of attorneys' fees for any challenges to forest management activity under the Equal Access to Justice Act, including meritorious successful challenges. This severely limits public review of logging projects on federal public lands. Hearing: Examining patient access to investigational drugs, Energy & Commerce, October 3, 2017. House Session: Legislative Day of January 4, 2017, Houselive.gov 4:15:30 - Rep. Darrell Issa (CA) "For the freshmen of either party,when you go to make a vote on this, re-member, we are not changing the un-derlying law. Only one regulation under the underlying law has ever been repealed, and it was bipartisan in both the House and the Senate when it was repealed. It has been 16 years, and the few that will likely be considered under this act and the underlying law will be just that, a relatively few regulations that are believed to be unnecessary and for which the House, the Senate, and the President concur. Video: Josh Lyman Sick of Congress, YouTube, July 23, 2012. Community Suggestions See more Community Suggestions HERE. Cover Art Design by Only Child Imaginations Music Presented in This Episode Intro & Exit: Tired of Being Lied To by David Ippolito (found on Music Alley by mevio)