Today on The BradCast: Let the Constitutional Crises begin! As the Trump Administration attempts to Cancel Culture pretty much everything with a memo that orders nearly half of the total, already appropriated federal budget immediately (and unconstitutionally) put on ice! [Audio link to full show follows this summary.]
We might have seen it coming, as several of our other stories today might have augured. Among them...
- Late last week, while touring fallout from last year's climate change-fueled Hurricane Helene disaster in a Republican-leaning area of North Carolina, and the then-ongoing climate change-fueled Los Angeles Fires, Trump suggested he might shut down (privatize) FEMA entirely and called for Photo ID voting restrictions in California in exchange for federal disaster aid to victims who had lost everything. When asked if NC would also see conditions placed on their federal disaster aid, Trump's meandering non-answer (full of one fantastical lie after another) made clear that, no, only Democratic-leaning states would have to agree to change policies in exchange for much-needed federal disaster aid.
- Amusingly, Trump pretended on social media last night that he'd ordered the U.S. military into California "under Emergency Powers" to turn on the magical, non-existent water "spigot" somewhere in Northern California, which the state chooses to keep turned off in order to somehow cause devastating fires in Southern California. Now that might sound like a ridiculous lie and a completely delusional fantasy that makes no sense at all, but at her first White House press briefing, Trump's Press Secretary Karoline Leavitt confirmed today that "the water has been turned back on in California." (That's great news, because I live in Los Angeles, had to evacuate briefly a week or so ago due to the fires, and had no idea the water had been turned off all this time! (OMG... this is only Week 2?!?)
- Last week, in Week 1, and receiving a bit less coverage than so many of the other nightmares Trump set off with his flurry of Executive Orders, is the fact that the Administration abruptly ordered the National Institutes of Health (NIH) to suspend all research grants, programs, travel and even ongoing cancer treatment trials. The result of putting tens of billions of dollars of research and grants on ice has sent confusion, anxiety and chaos throughout the American health community at what experts describe as one of the worst possible times, amid a slew of quickly spreading winter viruses and the increasing risks of avian flu in the U.S.
- On Monday this week, U.S. public health officials at the Centers for Disease Control and Prevention (CDC) were ordered to cease all work with the World Health Organization (WHO) just one week after Trump signed an order declaring the U.S. was ending its cooperation with the worldwide organization. (Unclear he can legally do so, by the way. But he doesn't care.) His Executive Orders also froze spending on a decades old global AIDS program that has saved 25 million lives, but now will block HIV the distribution of medication to more than 20 million people, including drugs already obtained with U.S. funds and sitting on shelves at local clinics around the world.
- All of that might have been a signal for where all of this was going. According to a two-page memo from the acting Director of Trump's Office of Management and Budget (OMB) on Monday, the White House has now ordered a "temporary pause" on "all federal financial assistance" with the exception of Medicare and Social Security payments. The memo directs federal agencies to pause "all activities related to obligation or disbursement of all federal financial assistance," and any other programs that included "D.E.I., woke gender ideology and the Green New Deal" as of Tuesday (today!) at 5pm. That, even though there is no "Green New Deal." It never passed. (Shhh...don't tell them!)
As the non-profit news site NOTUS explained, "the list of programs that could be touched by the order is vast: Medicaid, disaster relief, farm aid, student loan programs, Head Start, highway funds, nutrition assistance, rent assistance and dozens of other programs." Some 70 million low-income Americans alone, who are enrolled in Medicaid, could lose their access to health care. These are all funds already allocated by Congress and approved by previous Presidents including, in some cases, Trump himself.
The impoundment of the funds --- said to amount to "more than $3 trillion," according to the memo, which is nearly half of the entire federal budget for fiscal year 2024 --- appears to be in strict violation of the federal Impoundment Control Act of 1974, enacted by Congress after Richard Nixon held back Congressionally-appropriated funding that he didn't like. According to the Constitution anyway (quaint!) Congress, not the President, controls the purse strings of the U.S. budget.
As you may recall, attempting to withhold Congressionally-approved funding to Ukraine during his first term, unless they agreed to announce a fake investigation of the Biden Family, is what led to Trump's first impeachment. Ever since, Republicans have devised an argument that the Impoundment Control Act is actually unconstitutional. This is clearly their first volley in getting a ruling on that from their corrupted U.S. Supreme Court.
Late on Tuesday, as Trump's deliberate chaos reigned shortly before the 5pm deadline to freeze the spending, a federal judge placed an administrative stay on the order, pending further arguments on Monday morning. She also made clear that the National Council of Nonprofits, the plaintiffs which sued earlier in the day, alleging the freeze would cause their members irreparable harm, must show evidence to support that argument on Monday or the judge would have no choice but to end her administrative stay and deny the requested temporary restraining order. And then... ???
- Finally, Desi Doyen is here with our latest Green News Report with more on Trump's attempt to weaponize FEMA, but also with some good news, for a change, for both Los Angeles and New York City!...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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