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    Are lobbyists trying to gut Biden’s budget? No one knows – and that’s the problem | David Litt

    OpinionUS politicsAre lobbyists trying to gut Biden’s budget? No one knows – and that’s the problemDavid LittOur campaign finance system makes it nearly impossible to track money in politics or hold our representatives accountable Fri 22 Oct 2021 06.27 EDTLast modified on Fri 22 Oct 2021 06.32 EDTJoe Biden’s Build Back Better reconciliation bill has been stuck in limbo – and conservative Democrats are in fundraising heaven.West Virginia’s Joe Manchin, who raised more than $400,000 from the oil and gas industry while the bill was being negotiated, is now poised to gut Biden’s clean-energy plan. Arizona’s Kyrsten Sinema spent the summer and fall collecting checks from corporate groups and Trump donors who oppose the Biden agenda, then helped cut the size of the reconciliation package by approximately half.Biden’s budget could transform life for working women. Don’t let Manchin gut it | Moira DoneganRead morePolitical horse-trading is nothing new, and the version of Build Back Better that seems likely to pass would improve tens of millions of American lives. But there’s still something unseemly about the way this bill has been negotiated. Were the Senate’s holdouts demanding a principled compromise? Acting out of genuine concern for their constituents’ interests? Or were they trading favors for campaign cash?It’s impossible to know for certain which provisions, if any, were cut because of wealthy campaign donors. But that’s precisely the problem, and it goes far beyond one bill and two senators. Our campaign finance system – one that has existed for barely more than a decade – makes it nearly impossible to distinguish between politics-as-usual, influence peddling and outright bribery. That’s not just a threat to individual policies or pieces of legislation. It’s a threat to public trust in our system of government, and by extension, to democracy itself.For most of the last half-century, it was widely understood that democracy depends upon voters’ trust that their representatives will represent them. That’s why, in 1976, the supreme court ruled that the public interest was served not just by preventing corruption, but by preventing “the appearance of corruption”. The court’s decision made both legal and intuitive sense: if voters decide that the political process is corrupt, they’ll stop engaging with the political process, thus reducing public accountability and opening the door to more corruption.But in 2010, a new, far more conservative supreme court took a completely different view. “We now conclude,” wrote Justice Anthony Kennedy in Citizens United, “that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.” In a series of follow-on decisions, the court’s rightwing majority expanded on this idea: not that the appearance of corruption was good, but that no amount of money in politics could possibly appear corrupt.In the real world, the court’s assertion was almost immediately proven false. In a divided country, one thing Americans can agree on is that rich people and corporations have way too much political power. According to the Pew Research Center, for example, 90% of Americans think it’s important for society that wealthy donors have no more influence than other people – but just 26% of people think that is now the case. A handful of justices chose to ignore the “appearance of corruption”, but it hasn’t gone away just because a conservative supreme court closed its eyes.Fortunately, even in the Citizens United era, there are ways to reduce the political influence of corporate donors and wealthy individuals – and to restore Americans’ faith that government can work for the people.First, we can make it more difficult for lawmakers and wealthy interests to engage in outright, quid-pro-quo corruption. Just this week, a grand jury indicted Congressman Jeff Fortenberry, a Nebraska Republican, for allegedly lying to federal investigators about $180,000 in illegal campaign contributions. This development was remarkable precisely because it was so rare. It’s an open secret that even the campaign finance laws that remain post-Citizens United are broken with impunity. (Two years into his presidency, Donald Trump himself tweeted that campaign finance violations “are not a crime”.) If law enforcement investigated and prosecuted corruption more aggressively, lawmakers might become more careful about crossing, or merely approaching, legal lines.Second, we can do what election law expert Rick Hasen calls “leveling up”. Rather than limiting the amount of corporate money in politics – an impossibility so long as conservatives control the court – we can give ordinary Americans more influence. So-called “democracy vouchers” could give voters tax credits for small-dollar donations to causes they believe in. We could also increase the amount of public funds available for candidates who agree not to take private donations. (Lest anyone try to paint this as some kind of socialist plot, Ronald Reagan, George HW Bush and George W Bush all accepted taxpayer dollars to fund their campaigns.)Finally, we can limit the influence of the other side of the influence-peddling equation: lobbying. In the Citizens United era, corporations and wealthy individuals can spend unlimited sums of money on politicians’ campaigns, then spend unlimited sums of money on lobbyists who ask those same politicians for highly specific favors. It’s hard to imagine a system better suited to erode Americans’ trust in their elected officials. But imagine a sliding-scale tax on registered lobbying, far stricter disclosure requirements on corporate political spending, or perhaps even an Office of Public Lobbying to advocate for groups well-represented in America but poorly funded on Capitol Hill.These changes won’t undo all the damage caused by conservative justices’ Citizen United ruling. But they will help stem the tide. They would give candidates without access to deep-pocketed donors a more level playing field. They would give lawmakers like Manchin and Sinema an alternative to funding their campaigns via wealthy interests – and no excuse not to take it. Most of all, they would give Americans more confidence that the legislative process, while never straightforward or without compromise, is designed to benefit all the people, and not just a privileged few.Democracy is not just under attack from insurrectionists who would commit political violence or would-be autocrats who would overturn an election. It’s under attack from those who seek to undermine its central promise – that representative government can make a positive difference in people’s lives.Ultimately, reducing the influence of corporate and megadonor money isn’t about smoothing the next reconciliation bill’s passage, or even fixing a broken campaign-finance system. It’s about bolstering the American republic as it faces its toughest test in decades.
    David Litt is an American political speechwriter and New York Times bestselling author of Thanks Obama, and Democracy in One Book or Less. He edits How Democracy Lives, a newsletter on democracy reform
    TopicsUS politicsOpinionDemocratsJoe BidenUS SenateUS CongressBiden administrationcommentReuse this content More

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    Climate advocates who backed Sinema exasperated by blocking of Biden bill

    DemocratsClimate advocates who backed Sinema exasperated by blocking of Biden billArizona senator – who once led the state Green party – has refused to specify which parts of the $3.5tn budget bill she objects to Maanvi Singh@maanvissinghFri 22 Oct 2021 06.05 EDTLast modified on Fri 22 Oct 2021 06.06 EDTWildfires, deadly heat, drought and flooding show how climate change has “already arrived” in Arizona and action is desperately needed, according to climate and progressive advocates who helped elect Kyrsten Sinema to represent the state in the Senate.Many of them are wondering why their senator seems to have “turned her back” on her background in environmental politics and is now blocking Democrats’ multitrillion-dollar legislation to address climate change.“The climate crisis is here – it has already arrived in Arizona,” said Vianey Olivarria, a director of Chispa Arizona, the state branch of the League of Conservation Voters, which had endorsed Sinema for senator. “We don’t have a lot of time to waste.”Sinema is one of two centrist senators – with Joe Manchin of West Virginia – who have opposed the Biden administration’s $3.5tn budget bill that contains the bulk of the Democrats’ climate change agenda.This summer, the earth in parts of Arizona cracked – desiccated by decades of megadrought. But some communities also flooded. Ferocious wildfires have eaten through half a million acres this year. And a prolonged, record-breaking heatwave – supercharged by human-caused climate change – killed dozens in Phoenix and surrounding suburbs.This week Sinema was back at the White House for private talks with Joe Biden on the legislation, which would need the votes of all 50 Democratic senators to pass. It would enact dramatic cuts to greenhouse gas emissions, boost renewable energy programs and fund climate resiliency programs.Sinema’s office has emphatically contested New York Times reporting earlier this month that Sinema demanded $100bn in cuts specifically to climate programs. But she has said little in public on her position and her obstruction of the reconciliation package overall has confused, disappointed and angered progressive voters and climate activists in her home state.Indeed, Sinema began her political career leading the Arizona Green party. Over the years, her politics shifted – and she positioned herself as a moderate Democrat willing and able to work with Republicans that dominated state politics – but even then, she said she modeled herself after the late John McCain, the Republican senator of Arizona who pushed for bipartisan climate action throughout his career.“When Senator Sinema ran for office, she promised to fight for climate change and invest in our communities,” said Casey Clowes, an organizer with the Sunrise Movement in Tempe, Arizona. In 2018, Clowes said she voted for Sinema, and volunteered for more than 250 hours to help send Sinema – the first Arizona Democrat in 30 years – to the Senate. “Now she’s been unaccountable and inaccessible,” Clowes said. “I think a lot of us are fed up.”On Thursday, a group of veterans advising Sinema resigned, and accused her of hanging her constituents “out to dry”.Unlike Manchin, Sinema has not publicly voiced her concerns with the reconciliation bill – aside from rejecting its overall price tag.Manchin, a conservative Democrat who has received more in political donations from the oil and gas industry than any other senator, has made clear that he objects to provisions that would slash planet-heating emissions. But Sinema – who has become infamous for evading questions from constituents and journalists – recently told the Arizona Republic that she had “an interest in policies addressing climate change”, without offering much detail on which policies she was interested in. The senator has resisted raises to individual income and corporate tax rates to fund climate change and social safety net programs but hasn’t made clear what alternative funding schemes she would support.“Since she’s been in office, it’s been nearly impossible for community members to connect with her,” said Columba Sainz, a consultant with Moms Clean Air Force in Arizona. “We don’t know whether Sinema will protect us.”Sainz, whose youngest daughter has wheezing episodes and respiratory problems triggered by poor air quality, said: “In my family, heat is our enemy. It interacts with stagnant air to create and trap ozone pollution.” She works with other families who cannot afford air conditioning during punishing heatwaves. The state recorded more than 500 heat-related deaths in 2020, which public health experts say is probably an undercount. In Maricopa county alone, officials tallied at least 113 heat-related deaths this year so far.Who is Kyrsten Sinema? Friends and foes ponder an Arizona Senate enigmaRead more“We need funding for adapting to climate change,“ said Gregg Garfin, a climatologist at the University of Arizona. Several cities in Arizona, including Phoenix and Flagstaff, have already made climate change a priority, starting community programs to harvest rainwater amid drought or plant trees to shield poor, urban neighborhoods from the punishing summer heat. “But addressing the crisis has been an unfunded mandate,” he said. “They need more investment.”The budget bill endorsed by the majority of Democrats in Congress would finance a Green Bank to help communities install solar panels and electric vehicle charging stations, and create a Civilian Climate Corps of young Americans to build climate-resilient infrastructure.Clowes, who has a chronic illness that makes her especially vulnerable to heatstroke, said Sinema’s resistance to legislation that could help fund cooling centers and heat-defying infrastructure, and bring down the emissions fueling extreme heat in the region, has left her angry. Along with other members of the Sunrise Movement, Clowes camped outside Sinema’s office in Phoenix this week. “It’s really painful to watch my home become uninhabitable,” she said. “And see Senator Sinema turn her back.”TopicsDemocratsUS SenateUS politicsClimate crisisnewsReuse this content More

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    Black candidates for US Senate smash fundraising records for 2022 midterms

    US midterm elections 2022Black candidates for US Senate smash fundraising records for 2022 midtermsThird-quarter hauls raise hopes of transforming a body in which only 11 African American senators have ever sat David Smith in Washington@smithinamericaFri 22 Oct 2021 05.00 EDTLast modified on Fri 22 Oct 2021 05.01 EDTAfrican American candidates running for the US Senate smashed campaign fundraising records over the past three months, raising hopes of transforming a body that remains overwhelmingly white.There have only been 11 Black senators since the chamber first convened in 1789 and only two were women. Senator Kamala Harris’s ascent to the vice-presidency means there are currently no female members who are Black.Biden vowed to make racial justice the heart of his agenda – is it still beating?Read moreBut in the most recent Federal Election Commission reporting period, African Americans posted huge sums from donors, especially in the south, suggesting the potential to build a pipeline of Black politicians who can excite the grassroots and reshape the government.Democrat Raphael Warnock, a pastor who won a crucial runoff in January to become Georgia’s first Black senator, took in a staggering $9.5m over three months for his re-election bid. Val Demings, a congresswoman and former police chief challenging the Republican senator Marco Rubio in Florida, was close behind with $8.5m.Notably, both Warnock and Demings raised more money than any other Senate candidate of any racial demographic.Another Democrat, Charles Booker, running for Senate in Kentucky against the Republican Rand Paul, raised $1.7m in the third quarter, which ran from July to the end of September. Cheri Beasley, a judge running for Senate in North Carolina as a Democrat, netted $1.5m.Republicans have also capitalised on the trend. Senator Tim Scott of South Carolina took a haul of $8.4m, fuelling speculation that he could mount a bid for the White House. Herschel Walker, a former football player taking on Warnock in Georgia, raised $3.8m in the first five weeks of his Donald Trump-endorsed campaign.The historic tallies – more than a year before the midterm elections – signal a potential turning point after decades in which Black candidates, especially women, struggled to raise funds to rival their white counterparts, feeding a vicious circle in which they were seen as unelectable by party establishments.“When we allow the narrative that Black women and Black candidates are not electable and viable to seep into an election cycle early, that is why money slows down,” said Glynda Carr, co-founder and president of Higher Heights, an organisation that supports Black women running for elected office.“So why the third-quarter report is so powerful is that it’s a proof of concept that Black women are electable and viable. Frankly, many of the Black women that are currently boldly serving across this country in Congress and in statehouses ran races with no early institutional support, party support or money and still ran winning campaigns.“You now add in early money, it is just going to position more Black women to run in competitive seats and be seeing what we already know are viable candidates that were given the additional resources early will succeed on election day.”The internet has enabled Black candidates to bypass the old networks by reaping small donations online. Elections such as Warnock’s in Georgia also proved the centrality of Black voters in the Democratic coalition. And last summer’s Black Lives Matter protests following the police murder of George Floyd could have a lasting political legacy.Antjuan Seawright, a senior adviser to the Democratic Congressional Campaign Committee, said: “The net worth of African American voters has proven over time its value. Therefore, the Black candidates are reaping the benefits not just at the ballot box, but also when it comes to fundraising and other key ingredients it takes to be successful in this business. That is part of the reason you can see this explosion happening.”Seawright, based in Columbia, South Carolina, added: “The African American network has demonstrated over time that without us you cannot win up and down the ballot and so I think all that matters in terms of the conversation and the benefits.“And then you add that to the fact that the country’s changing. There’s not a race in this country that you can be successful at the ballot box without having a strong, deep and wide support amongst what I believe to be the most loyal and consistent voting bloc in the country.”Not all Black candidates swept the board. In Pennsylvania Malcolm Kenyatta, a state representative, was outraised by both the lieutenant governor, John Fetterman, and congressman Conor Lamb.And deep pockets alone cannot buy success. Jaime Harrison, an African American man who is the current chair of the Democratic National Committee, raised more than $100m last year but could not unseat the Republican Trump ally Lindsey Graham in South Carolina.Drexel Heard, a Democratic strategist based in Los Angeles, California, said: “Raising money does not always translate well to a candidate’s viability when it comes to voters. What it does show is that donors and voters can be enthusiastic about a candidate that is Black. I think that’s the difference.”But Heard noted: “The party has always known that Black voters are the most loyal voters to the Democratic party, and that’s been indisputable. The party also recognises that we have to build a bench that is reflective of the voting base and I think you’re seeing that in in those candidates that are popping up.”TopicsUS midterm elections 2022US SenateRaceDemocratsRepublicansUS politicsnewsReuse this content More

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    ‘Tired of broken promises’: climate activists launch hunger strike outside White House

    Climate crisis‘Tired of broken promises’: climate activists launch hunger strike outside White HouseThe protest comes a day after Joe Biden appeared ready to settle for a smaller environmental proposal ahead of the COP26 summit David Smith in Washington@smithinamericaWed 20 Oct 2021 15.20 EDTLast modified on Wed 20 Oct 2021 16.59 EDTWith little more than sun hats, placards and folding chairs, five young activists have begun a hunger strike in front of the White House urging Joe Biden not to abandon his bold climate agenda.The protest came a day after the US president threatened to water down his $3.5tn social and environmental legislation and with Washington’s commitments about to face scrutiny at the COP26 summit in Glasgow.The five protesters said they will eat no food and drink only water. They intend to gather in Lafayette Park every day from 8am to 8pm until their demands – which include a civilian climate corps, clean energy performance program and funding for environmental justice – are satisfied.The climate disaster is here – this is what the future looks likeRead moreOn Wednesday, in bright autumn sunshine, the quintet stood in a row holding signs including “Hunger striking for my dreams” and “Hunger striking for my future children”. They then sat down in red folding chairs with the words “Hunger strike day one” written in giant letters on the pavement before them.“I’m nervous in that I know that I will go on hunger strike until the demands are met, until I’m absolutely physically unable to,” said Ema Govea, a high school student who turned 18 on Tuesday. “That’s scary and I know my parents are worried and my friends back home are worried.”Biden met privately on Tuesday with nearly 20 moderate and progressive Democrats in separate groups as he appeared ready to ditch an ambitious $3.5tn package in favour of a smaller proposal that can win passage in the closely divided Congress. A provision central to Biden’s climate strategy is among those that could be scaled back or eliminated.Joe Manchin, a conservative senator from coal-rich West Virginia, has made clear that his opposes the Clean Energy Performance Plan, which would see the government impose penalties on electric utilities that fail to meet clean energy benchmarks and provide financial rewards to those that do, in line with Biden’s goal of achieving 80% “clean electricity” by 2030.The hunger strikers, who have worked with the Sunrise Movement youth group, warned that such concessions would be disastrous for the planet.Govea, from Santa Rosa, California, said: “Joe Biden made these campaign promises and we worked really hard on his campaign and to get him elected so that he could stop the climate crisis on these promises that he made.”Abandoning Biden’s commitments would signal to Cop26 that America has failed, Govea added. “I won’t let Joe Biden send a message to the world that he’s willing to give up on climate because I know that the American people, and young people across the country and across the world, are terrified but they’re ready to fight.”The hunger strikers drew TV cameras and curious glances from tourists in an area close to the White House that has reopened after months of security restrictions. As they sat, they spoke to reporters, checked emails and contemplated the long haul ahead.Paul Campion, 24, had skipped his usual breakfast of a bagel with cheese and eggs. He said: “I’m nervous about losing my my body weight, my muscles, about what it will do to my energy, to my brain, but I’m putting my body on the line because I’m here to remind Joe Biden of the promises that he’s made and that the stakes are this high, that young people are out here not eating because it’s this urgent and it’s this important.”Campion, a community organizer from Chicago, and his fellow protesters are “sick and tired of broken promises” from Biden and the Democrats, he continued. “I’m hunger striking because I want to live a full, beautiful life without fear of the climate crisis and I want to have children, I want to play with them in the park and I want to have community dinners where I invite my friends and family over and we sing and we have a bonfire.“That’s the future that we can have if Joe Biden will side with the people and deliver on his own agenda and actually fight for it instead of siding with ExxonMobil executives who are trying to gut his climate agenda and trying to prevent any significant federal action on climate change.”TopicsClimate crisisActivismJoe BidenBiden administrationUS politicsUS SenateUS CongressnewsReuse this content More

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    Senate Republicans again poised to block sweeping voting rights bill

    The fight to voteUS voting rightsSenate Republicans again poised to block sweeping voting rights billObstructionist effort to stop Freedom to Vote Act likely to increase pressure on Democrats to do away with filibuster The fight to vote is supported byAbout this contentSam Levine in New YorkWed 20 Oct 2021 05.00 EDTLast modified on Wed 20 Oct 2021 05.02 EDTSenate Republicans are again poised to block a sweeping voting rights bill on Wednesday, a move that will significantly escalate pressure on Democrats to do away with the filibuster, a Senate rule that has stymied the most significant priorities in Congress.Texas Republicans pass voting maps that entrench power of whitesRead moreThe bill, the Freedom to Vote Act, would impose significant new guardrails on the American democratic process and amount to the most significant overhaul of American elections in a generation. It would require every state to automatically register voters at motor vehicle agencies, offer 15 consecutive days of early voting and allow anyone to request a mail-in ballot. It would also set new standards to ensure voters are not wrongfully removed from the voter rolls, protect election officials against partisan interference, and set out clear alternatives people who lack ID to vote can use at the polls.It also included a slew of new campaign finance regulations and outlaws the pervasive practice of manipulating district lines for severe partisan advantage, a process called gerrymandering.The provisions are a pared-back version of an earlier voting rights bill that Republicans blocked from a vote in June. Republican senators are likely to block the bill using the same filibuster rule, which requires 60 votes to advance the legislation to a final vote. Meanwhile, there have been demonstrations outside the White House in recent weeks, and several activists have been arrested while speaking out in favor of the bill, including 25 arrests on Tuesday.Sign up for the Guardian’s Fight to Vote newsletterWhile most Democrats in the Senate favor getting rid of the filibuster, at least for voting rights legislation, the blockade will put immense pressure on two of the most significant remaining Democratic holdouts, Joe Manchin of West Virginia and Kyrsten Sinema of Arizona. There will be particular scrutiny on Manchin, who personally helped write the revised bill and has been seeking GOP support for it. It’s not yet clear if a lack of Republican support for any kind of compromise could force Manchin to finally support some kind of change to the filibuster but activists have been heartened by a letter he issued earlier this year in which he said “inaction is not an option” around voting rights.Democrats are pushing the reforms at a particularly perilous moment for American democracy. Nearly three dozen bills were enacted in 19 states from January until the end of September, according to a tally by the Brennan Center for Justice. There have been more than 425 bills introduced with provisions that make it harder to vote. There are also growing concerns about Republican efforts to wield more influence over local election officials in certain states, which could wreak havoc in future elections.There is pressure to immediately pass voting rights legislation because states are currently in the middle of the once-per-decade process of redrawing district maps. Absent new protections, new congressional and state legislative districts across the country could be unfairly tilted towards Republicans for the next decade. The GOP is also well positioned to take control of the US House of Representatives in 2022.The bill is one of two critical pieces of voting rights legislation Democrats have championed. The other is the John Lewis Voting Rights Advancement Act, which would set a new formula that would restore federal oversight of elections to certain places and specific practices. That bill has also passed the House and is waiting for a vote in the Senate.Joe Biden has offered full-throated support for both bills, but has not been willing to publicly pressure Manchin or Sinema on the filibuster. The White House is facing pressure from some civil rights groups who believe it is not being aggressive enough in pushing for the bills.The White House released a statement supporting passing the bill on Monday, but said little about what it would do if Republicans blocked it.“The administration is continuing to press for voting rights legislation to safeguard our democracy from these historic threats to constitutional freedoms and the integrity of elections through legislation, executive actions, outreach, the bully pulpit, and all other means available,” the White House said in a statement on Monday.TopicsUS voting rightsThe fight to voteUS CongressUS SenateUS politicsnewsReuse this content More

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    ‘This is our last chance’: Biden urged to act as climate agenda hangs by a thread

    Climate crisis‘This is our last chance’: Biden urged to act as climate agenda hangs by a threadFailure to pass legislation to cut emissions before the UN summit in Glasgow could be catastrophic for efforts to curb global heating Oliver Milman in New York and Lauren Gambino in WashingtonMon 18 Oct 2021 06.00 EDTLast modified on Mon 18 Oct 2021 16.25 EDTWith furious environmental activists at the gates of the White House, and congressional Democrats fretting that a priceless opportunity to tackle catastrophic global heating may be slipping away, Joe Biden is facing mounting pressure over a climate agenda that appears to be hanging by a thread.Biden’s allies have warned that time is running perilously short, both politically and scientifically, for the US to enact sweeping measures to slash planet-heating emissions and spur other major countries to do the same. Failure to do so will escalate what scientists have said are “irreversible” climate impacts such as disastrous heatwaves, floods, wildfires and a mass upheaval of displaced people.The climate disaster is here – this is what the future looks likeRead moreThe administration’s multitrillion-dollar social spending package, widely considered the most comprehensive climate legislation ever put forward in the US, must survive razor-thin Democratic majorities in Congress and, the House speaker, Nancy Pelosi, has vowed, pass in time for crucial UN climate talks in Scotland that begin in about two weeks.Embedded in the measure are plans to dramatically cut carbon emissions warming the planet and fueling climate disasters, a potentially historic set of policies that Pelosi has said would serve as “a model for the world”. But the 31 October deadline for passing the spending package and a smaller companion infrastructure bill appears increasingly ambitious as negotiations drag on between the White House, Democratic leaders and a pair of centrist holdouts in the Senate.The prospect of the world’s leading economic power arriving in Glasgow with no domestic policy to cut emissions will make it harder to convince other major emitters, primarily China, to do more at a time when governments are collectively failing to avert unlivable global heating.“They will look ridiculous if they show up with nothing,” Senator Sheldon Whitehouse, a Democrat, told Guardian. “It would be bad for US leadership, bad for the talks and disastrous for the climate. Just disastrous.“The vast majority of Senate Democrats understand this is our last chance to act,” Whitehouse continued. The bill includes a program of payments and penalties to ensure utilities phase out fossil fuels from America’s electricity supply, a huge expansion in tax credits for clean energy and new restrictions on methane, a potent greenhouse gas that is emitted from oil and gas drilling. The legislation would slash US emissions by about 1bn tons by 2030, bringing Biden within striking distance of his target of cutting America’s emissions in half by this point.Whitehouse also revealed that the president’s administration “will not oppose” a new price on carbon emissions being added to the bill, following negotiations with Senate Democrats. “We have a very good chance of getting that,” he said. The White House did not respond to a request for comment on the talks.The carbon fee, which would initially be set at $15 per ton of emissions before rising rapidly upwards over the course of several years, has long been a favored policy of economists and some moderate Republicans as a way to encourage polluters to switch to cleaner energy but has latterly been disregarded by activists and progressives.However, these measures will have to garner the vote of every Democrat in the Senate to pass, with Joe Manchin, a centrist from West Virginia, skeptical of the size and scope of the $3.5tn spending proposal. Manchin, a major recipient of donations from the coal industry, has said it “makes no sense” to pay utilities to phase in solar and wind power.Manchin is reportedly set to block the clean electricity program, which forms the main muscle of the climate package. This could prove a hugely consequential blow to the effort to constrain dangerous global heating. “This is high on the list of most consequential actions ever taken by an individual senator,” tweeted the climate campaigner Bill McKibben. “You’ll be able to see the impact of this vain man in the geologic record.”Whitehouse admitted it was unclear what Manchin will ultimately do but that he was confident that “there’s a window in which negotiations with Joe can produce a bill to reduce emissions enough so we are not in danger’s way.”Democrats are working feverishly to trim the $3.5tn proposal to about $2tn, in order to win the votes of centrists without losing the support of progressives. Among the many pressing questions Democrats must answer as they hurtle to meet their end-of-the-month deadline is how bold to go on climate.“There’s a lot of talk recently about what progressive lawmakers need to be willing to cut – what we have to be willing to negotiate on?” Senator Ed Markey, a lead proponent of the Green New Deal, said on a call with reporters this week. “Well, we can’t negotiate with deadly wildfires. They don’t negotiate. We cannot negotiate with massive hurricanes. They don’t negotiate. We can’t negotiate with floodwaters, sea level rise and drought and temperature rise. We can’t negotiate how much these climate-fueled disasters are costing us, tens of billions of dollars so far this year.“It’s time for us to stop talking about what is politically feasible, and start talking about what is scientifically necessary – we cannot compromise on science,” he said. Failure to pass the legislation would be disastrous for the US and the global community, the US climate envoy, John Kerry, said in an interview with the Associated Press.“It would be like President Trump pulling out of the Paris agreement, again,” he warned.The Build Back Better plan will put America on track to meet its goals, but it must not be the only action congress takes to combat the climate crisis, said congresswoman Kathy Castor, a Florida Democrat and chair of the House select committee on the climate crisis. More federal action is needed to meet the scale of the emergency, she said.“Even if we pass the Build Back Better Act as it is, that doesn’t get us to net-zero by 2050, which is the goal,” she said in an interview. Pointing to the latest climate research and a report by the Intergovernmental Panel on Climate Change that declared a “code red” for humanity, she added: “We are going to have to do more.”While Biden can do little about the machinations of the Senate, the president has come under growing criticism that his own actions have not matched his rhetoric. Biden, who has said that the “nation and the world are in peril” from a “code red” climate emergency, has reincorporated the US to the Paris climate agreement and sought to restore some of the environmental rules axed by Donald Trump.But his administration has also approved a flurry of new oil and gas drilling permits on public lands, urged oil-producing countries to ramp up production to help lower gasoline prices and declined to stop major fossil fuel projects such as Line 3, an oil pipeline expansion in Minnesota that has sparked violent clashes between police and those protesting against its construction. “I think [the administration] has missed an enormous opportunity to join the battle against those behind the problem – the fossil fuel industry,” said Whitehouse. Simmering resentment at the president exploded outside the White House last week, with four consecutive days of protests resulting in nearly 300 climate activists being arrested and removed by police. On Thursday, a banner was unfurled reading “We need real solutions, not false promises”, with protesters calling on Biden to declare a climate emergency and halt a slew of proposed pipelines and drilling projects – a report released by Oil Change International has found that 21 major fossil fuel projects under review by the administration would cause the emissions equivalent of 316 new coal-fired power plants if they went ahead.“We felt we had someone who had our back and then he [Biden] wavered,” said Joye Braun, a campaigner at the Indigenous Environmental Network who traveled from South Dakota for the protests. “He made a lot of promises to us, as Indigenous people, that he’s not following through on. To allow something like Line 3 makes no damn sense.”Climate scientists have echoed the need for urgency. The world is on course for nearly 3C of heating by the end of the century, which would bring punishing impacts to people around the globe. Precipitously steep emissions cuts need to occur immediately to avoid this turmoil, scientists say.“Unless we have greater progress on CO2 cuts we are faced with a miserable outcome,” said Drew Shindell, a climate scientist at Duke University. “A world above 2C is not a pretty one. This reconciliation bill isn’t enough and it’s discouraging to see the Biden administration still approving fossil fuel projects. That should be very much in our past.”In recent days, the White House and Democrats have sought to temper expectations that Democrats would reach a deal before the summit – and that a failure to meet their deadline would hurt Biden’s credibility as a global leader in the fight against climate change.“None of our objectives for the president’s climate agenda begins or ends on November 1 and 2, or the week after,” White House press secretary Jen Psaki told reporters last week. “Whether our agenda has passed or not is not going to be the defining factor.”The stars may not be aligned long to address climate breakdown. Democrats, having waited a decade for this opportunity, could lose control of Congress in midterm elections next year to a Republican party still unwilling to confront, or even acknowledge, the crisis. The prospect of not acting for another decade is almost unthinkable.“We can’t fail again,” said Whitehouse. “We just can’t.”TopicsClimate crisisJoe BidenBiden administrationUS SenateUS CongressUS politicsCop26newsReuse this content More

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    Pressure mounts on ex-DoJ official Jeff Clark over Trump’s ‘election subversion scheme’

    US elections 2020Pressure mounts on ex-DoJ official Jeff Clark over Trump’s ‘election subversion scheme’ Former assistant attorney general faces possible disbarment and charges after report details machinations on Trump’s behalfPeter Stone in WashingtonSun 17 Oct 2021 02.00 EDTLast modified on Sun 17 Oct 2021 02.01 EDTJeffrey Clark, a former top environmental lawyer at the Trump justice department accused of plotting with Trump to undermine the 2020 election results in Georgia and other states, is facing ethics investigations in Washington that could lead to possible disbarment, as well as a watchdog inquiry that might result in a criminal referral.Steve Bannon: Capitol attack panel to consider criminal contempt referralRead moreThe mounting scrutiny of the ex-assistant attorney general, who led the justice department’s environment division for almost two years and then ran its civil division, was provoked by a report from the Senate judiciary committee whose Democratic chairman, Richard Durbin, has asked the DC bar’s disciplinary counsel to examine Clark’s conduct and possibly sanction him.The panel’s exhaustive 394-page report followed an eight-month inquiry, and included voluntary testimony from former acting attorney general Jeffrey Rosen and his deputy, Richard Donoghue, revealing how Clark schemed privately with Trump about ways to pressure Rosen to help launch an inquiry into baseless charges of voting fraud in Georgia and other states that Joe Biden won.The report noted Clark repeatedly tried to “induce Rosen into helping Trump’s election subversion scheme”, including by telling Rosen that if he agreed to join their cabal to overturn election results, Clark would turn down an offer Trump had made him to become attorney general in place of Rosen.Clark was asked by the Senate panel to testify voluntarily in July but declined, according to a source familiar with the matter.The Senate report was shared with the House select committee that has been investigating the 6 January attack on the Capitol by Trump supporters, and Trump’s efforts to overturn the election results. On 13 October, the committee issued a subpoena seeking deposition testimony, and it requested records from Clark on 29 October, after reportedly struggling to get his cooperation.“It’s no mystery why Clark is playing hard to get with Congress,” said former justice department inspector general Michael Bromwich in an interview with the Guardian. “He faces a meaningful threat of criminal liability based on the facts contained in the Senate report.“The Senate report provides overwhelming evidence that Jeffrey Clark became a witting pawn of Trump’s in trying to launch a coup in the justice department, which would then serve as the launching pad for the broader coup whose aim was to overturn the results of the election.”Clark’s covert efforts to help Trump have been under scrutiny by the current inspector general at the justice department, Michael Horowitz, since January, when news reports surfaced about his machinations with Trump to help overturn the election results by spurring an investigation in Georgia focused on baseless claims of voting fraud.It’s unclear when the inspector general inquiry will be concluded, but depending on the findings, a criminal referral could result.The Senate report provided new details about the secretive pressure tactics deployed by Trump and Clark to persuade Rosen to accede to their schemes to help nullify Biden’s win, even after Trump staunch ally, attorney general William Barr, publicly stated on 1 December that the election results were not marred by fraud that “could have effected a different outcome in the election”.Strikingly, the report described a bizarre multi-hour White House meeting on 3 January that was attended by Trump, Rosen, Clark and other top administration lawyers, where Trump initially showed strong interest in ousting Rosen, who had been resisting pressures from Clark to open an inquiry into fraud allegations, and replacing him with Clark.According to Rosen’s testimony, Trump began the meeting by taking an aggressive posture and declaring: “One thing we know is you, Rosen, aren’t going to do anything to overturn the election.”At the end of the meeting, Trump dropped the covert scheme to oust Rosen after Rosen’s deputy Donoghue told Trump that he, Rosen and others, including the two top White House attorneys, would resign in protest.Pat Cipollone, the top White House lawyer, condemned Trump’s plan as a “murder-suicide pact,” according to the Senate report.The Senate report formally recommended that the DC bar’s disciplinary counsel “evaluate Clark’s conduct to determine whether disciplinary action is warranted”.Senator Sheldon Whitehouse, a top Democrat on the judiciary panel, in a statement to the Guardian said: “Either Jeffrey Clark was an enterprising sycophant looking to score points with a transactional president, or he was a cog in a much larger election-theft scheme.“Clark’s testimony under oath will be very important to arrive at the full truth, which is why it’s very hard to imagine he avoids testifying – either before Congress or a grand jury.”Before the release of the Senate report, ABC News unearthed emails revealing that Clark tried to get Rosen and his deputy to approve a letter he drafted on 28 December that would have pressed Georgia’s governor Brian Kemp to “convene a special session” of the state legislature to examine unfounded allegations of voting fraud before 6 January, when Congress met to certify the results.The Senate GOP’s minority in a separate report offered a tepid defense for Trump and Clark’s actions, stating that Trump “listened to all data points” at the White House meeting where several resignations were threatened, and “rejected” the path Clark promoted with Trump’s apparent blessings. Grassley also faulted the Democrats for issuing their report before hearing from Clark and receiving more documents.Still, two days before the majority report, about three dozen prominent lawyers and former DoJ officials signed an ethics complaint orchestrated by Lawyers Defending American Democracy which also asked the DC disciplinary counsel to investigate Clark’s conduct with an eye to sanctions.The lawyers wrote that Clark “made false statements about the integrity of the election in a concerted effort to disseminate an official statement of the United States Department of Justice that the election results in multiple states were unreliable”.Trump nominated Clark in mid-2017 to serve as assistant attorney general of the DoJ’s Environment and Natural Resources Division, but he was only narrowly confirmed in October 2018.During his tenure running the division, Clark reportedly often was at odds with veteran lawyers there, because of his narrow reading of the Clean Air and Clean Water acts. By late 2020, Clark had become acting chief of the civil division at the DoJ.Previously, Clark had been a partner at the powerhouse law firm Kirkland & Ellis, where he defended BP in Deepwater Horizon oil spill litigation and represented the US Chamber of Commerce in litigation that challenged the federal government’s power to regulate carbon emissions.Barr and Rosen were also top partners at the firm before their stints leading the Department of Justice.Clark’s distaste for strong environmental rules during his tenure at the department was presaged by some of his earlier comments about climate change in which he derided the need for more regulations to address it.Clark, a member of the conservative Federalist Society, gave a talk at its 2010 convention, where he bitterly denounced the Obama administration’s policies to curb greenhouse gas emissions as “reminiscent of kind of a Leninistic program from the 1920s to seize control of the commanding heights of the economy.”Given Clark’s anti-regulatory background in the private sector and his stint at the DoJ, it’s perhaps not surprising that he landed a top post working for the New Civil Liberties Alliance, a conservative law firm funded by the Charles G Koch Foundation.Clark was tapped in July to be the alliance’s chief of litigation and director of strategy. Two calls to the alliance’s press office to reach Clark and seeking comment about his status there in the wake of the Senate report did not get responses. But on Wednesday Clark’s name had disappeared from its website’s roster of staff.TopicsUS elections 2020Trump administrationUS politicsUS SenateDonald TrumpnewsReuse this content More