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Biden’s second try at student loan cancellation moves forward with debate
Legal Watch |
2023/10/13 17:47
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President Joe Biden’s second attempt at student loan cancellation began moving forward Tuesday with a round of hearings to negotiate the details of a new plan.
In a process known as negotiated rulemaking, 14 people chosen by the Biden administration are meeting for the first of three hearings on student loan relief. Their goal is to guide the Education Department toward a proposal after the Supreme Court rejected Biden’s first plan in June.
The negotiators all come from outside the federal government and represent a range of viewpoints on student loans. The panel includes students and officials from a range of colleges, along with loan servicers, state officials and advocates including the NAACP.
In opening remarks, Under Secretary of Education James Kvaal said the student debt crisis has threatened to undercut the promise of higher education.
“Student loan debt in this country has grown so large that it siphons off the benefits of college for many students,” Kvaal said in prepared remarks. “Some loans made to young adults stretch into retirement with no hope of being repaid. These debt burdens are shared by families and communities.”
Biden directed the Education Department to find another path to loan relief after the conservative court ruled that he couldn’t cancel loans using a 2003 law called the HEROES Act.
The latest attempt will rest on a sweeping law known as the Higher Education Act, which gives the education secretary authority to waive student loans — although how far that power extends is the subject of legal debate. The department is going through the negotiated rulemaking process to change or add federal rules clarifying how the secretary can cancel debt. |
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Judge blocks 2 provisions in North Carolina’s new abortion law
Court Center |
2023/10/03 00:02
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A federal judge on Saturday blocked two portions of North Carolina’s new abortion law from taking effect while a lawsuit continues. But nearly all of the restrictions approved by the legislature this year, including a near-ban after 12 weeks of pregnancy, aren’t being specifically challenged and remain intact.
U.S. District Judge Catherine Eagles issued an order halting enforcement of a provision to require surgical abortions that occur after 12 weeks — those for cases of rape and incest, for example — be performed only in hospitals, not abortion clinics. That limitation would have otherwise taken effect on Sunday.
And in the same preliminary injunction, Eagles extended beyond her temporary decision in June an order preventing enforcement of a rule that doctors must document the existence of a pregnancy within the uterus before prescribing a medication abortion.
Short of successful appeals by Republican legislative leaders defending the laws, the order will remain in effect until a lawsuit filed by Planned Parenthood South Atlantic and a physician who performs abortions challenging the sections are resolved. The lawsuit also seeks to have clarified whether medications can be used during the second trimester to induce labor of a fetus that can’t survive outside the uterus.
The litigation doesn’t directly seek to topple the crux of the abortion law enacted in May after GOP legislators overrode Democratic Gov. Roy Cooper’s veto. North Carolina had a ban on most abortions after 20 weeks before July 1, when the law scaled it back to 12 weeks.
The law, a response to the 2022 U.S. Supreme Court ruling that struck down Roe v. Wade, also added new exceptions for abortions through 20 weeks for cases of rape and incest and through 24 weeks for “life-limiting” fetal anomalies. A medical emergency exception also stayed in place.
On medication abortions, which bill sponsors say also are permitted through 12 weeks of pregnancy, the new law says a physician prescribing an abortion-inducing drug must first “document in the woman’s medical chart the ... intrauterine location of the pregnancy.”
Eagles wrote the plaintiffs were likely to be successful on their claim that the law is so vague as to subject abortion providers to claims that they broke the law if they can’t locate an embryo through an ultrasound because the pregnancy is so new. |
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Hunter Biden sues the IRS over tax disclosures after agent testimony
Law Firm Business |
2023/09/28 03:54
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Hunter Biden sued the Internal Revenue Service on Monday, claiming that two agents publicly alleging tax-probe interference wrongly shared his personal information, a case that comes amid escalating legal and political struggles as the 2024 election looms.
The agents “targeted and sought to embarrass Mr. Biden” with the sharing of confidential tax information in press interviews and testimony before Congress, the suit said. His lawyers argue that whistleblower protections don’t apply, but a lawyer for one agent said any confidential information released came under whistleblower authorization and called the suit a “frivolous smear.”
The lawsuit marks the latest legal pushback from Biden as a long-running federal investigation into him unfolds against a sharply political backdrop. That includes an impeachment inquiry aimed at his father, President Joe Biden, seeking to tie him to his son’s business dealings.
“Mr. Biden is the son of the President of the United States. He has all the same responsibilities as any other American citizen, and the IRS can and should make certain that he abides by those responsibilities,” the suit states. “Similarly, Mr. Biden has no fewer or lesser rights than any other American citizen, and no government agency or government agent” has free rein to violate his rights simply because of who he is.
The suit says the IRS hasn’t done enough to halt the airing of his personal information. It seeks to “force compliance with federal tax and privacy laws” and damages of $1,000 for every unauthorized disclosure.
IRS supervisory special agent Greg Shapley, and a second agent, Joe Ziegler, have claimed there was a pattern of “slow-walking investigative steps” into Hunter Biden in testimony before Congress. They alleged that the prosecutor overseeing the investigation, Delaware U.S. Attorney David Weiss, didn’t have full authority to bring charges in other jurisdictions. Weiss and the Justice Department have denied that.
Shapley’s lawyer called the lawsuit a “frivolous smear” that sought to “intimidate any current and future whistleblowers.” He didn’t release confidential tax information except through legal whistleblower disclosures, his attorney said. “Once Congress released that testimony, like every American citizen, he has a right to discuss that public information.” |
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Progressive Councilmember Freddie O’Connell wins Nashville mayor’s race
Top Legal News |
2023/09/22 22:44
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Freddie O’Connell, a progressive member of Nashville’s metro council, has resoundingly won the race to become the next mayor of the Democratic-leaning city, according to unofficial results.
Results from the Davidson County Election Commission show O’Connell defeated conservative candidate Alice Rolli in Thursday’s runoff election by a wide margin, with all precincts reporting. Candidates in the race do not run with party affiliations.
Since 2015, O’Connell has served on the combined city-county government’s council, representing a district that covers downtown Nashville. He succeeds Mayor John Cooper, who decided not to seek reelection.
O’Connell, whose campaign touted him as the “only truly progressive candidate running for mayor,” said he wants to make the city “more ’ville and less Vegas,” a reference to the “Nashvegas” moniker sometimes used to liken the huge boom in tourism in the city to Las Vegas.
“Every part of this city deserves the public resources that bind neighborhoods and neighbors together — schools, parks and libraries,” O’Connell said in a victory speech. “And when we do that, our interactions with our local government should leave us feeling satisfied that a real person worked to solve our issue.”
Down the ballot, Olivia Hill won an at-large metro council seat to make history as the first transgender candidate to be elected to office in Tennessee, according to the LGBTQ+ Victory Fund. Hill’s victory stands in contrast to Tennessee’s Republican leadership in state government, where lawmakers have passed a series of restrictions on the rights of transgender people. |
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5 former officers charged with federal civil rights violations
Legal News |
2023/09/19 03:14
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Five former Memphis police officers were charged Tuesday with federal civil rights violations in the beating death of Tyre Nichols as they continue to fight second-degree murder charges in state courts arising from the killing.
Tadarrius Bean, Desmond Mills, Demetrius Haley, Emmitt Martin and Justin Smith were indicted in U.S. District Court in Memphis. The four-count indictment charges them with deprivation of rights under the color of law through excessive force and failure to intervene, and through deliberate indifference; conspiracy to witness tampering; and obstruction of justice through witness tampering.
The charges come nine months after the violent beating during a Jan. 7 traffic stop near Nichols’ Memphis home, in which they punched, kicked and slugged the 29-year-old with a baton as he yelled for his mother. Nichols died at a hospital three days later. The five former officers, all Black like Nichols, have pleaded not guilty to state charges of second-degree murder and other alleged offenses in the case.
“We all heard Mr. Nichols cry out for his mother and say ‘I’m just trying to go home,’” Attorney General Merrick Garland said in a video statement after the indictment. “Tyre Nichols should be alive today.”
U.S. Attorney Kevin Ritz in West Tennessee said at an afternoon news briefing that the state and federal cases are on separate tracks. Ritz declined to predict how quickly they would proceed.
Kristen Clarke, who leads the U.S. Department of Justice’s civil rights division, said at the appearance that the five former officers used excessive force, failed to advise medical personnel about Nichols’ injuries and conspired to cover up their misconduct.
“In our country, no one is above the law,” she said, adding she met earlier Tuesday with Nichols’ mother and stepfather. Caught on police video, the Nichols beating was one in a string of violent encounters between police and Black people that sparked protests and renewed debate about police brutality and police reform in the U.S.
Nichols’ mother, RowVaughn Wells, said she was surprised that the federal charges “happened so quickly.” The investigation that led to the indictment was announced in the weeks after the Jan. 7 beating death. |
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Polish director demands apology from justice minister for comparing her film
Press Releases |
2023/09/16 01:51
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Film director Agnieszka Holland demanded an apology from Poland’s justice minister after he compared her latest film, which explores the migration crisis at the Poland-Belarus border, to Nazi propaganda.
Holland said Wednesday that she planned to bring defamation charges against Justice Minister Zbigniew Ziobro unless she receives an apology within seven days. She also demanded that he make a charitable donation of 50,000 Polish zlotys ($11,600) to an association that helps Holocaust survivors.
Holland’s feature film, “Green Border,” explores a migration crisis that has played out along Poland’s border with Belarus over the past two years. It takes a sympathetic approach toward the migrants from the Middle East and Africa who got caught up as pawns in a geopolitical standoff.
It also looks critically at the way Poland’s security services pushed back migrants who were lured to the border by Belarus, an ally of Russia.
Ziobro slammed the film earlier this week, saying: “In the Third Reich, the Germans produced propaganda films showing Poles as bandits and murderers. Today, they have Agnieszka Holland for that.”
He made his comment on the social platform X, formerly Twitter, on Monday, a day before the film had its world premiere at the Venice Film Festival.
Holland noted in a statement that Ziobro, who serves as prosecutor general as well as justice minster, commented on her film without having seen it and that she believed his words amounted to defamation, calling them “despicable.”
“I cannot remain indifferent to such an open and brutal attack by a person who holds the very important constitutional position of minister of justice and prosecutor general in Poland,” she wrote in a statement from Venice dated Wednesday but published in Poland on Thursday. |
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McCarthy juggles a government shutdown and a Biden impeachment inquiry
Attorneys News |
2023/09/12 17:14
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House Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority.
But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House.
It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden.
“They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota.
McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said.
Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington.
With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office.
That threat of an abrupt ouster hovers over McCarthy’s every move, especially now.
To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday.
McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks.
But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank.
Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden. |
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