Saturday, June 6, 2020

Is Voting by Proxy Constitutional?

Washington, D.C. - June 6, 2020 - (The Ponder News) -- On May 15th, 2020, Democrats in the House passed H.Res. 965, which allows members of Congress to designate another member to serve as their “proxy” and cast votes on their behalf. Members may vote for up to 10 other members. This is the first time in the Chamber’s history that the House has voted by proxy. The resolution passed, 217 to 189, with no Republicans supporting the measure.

On May 27th, 2020, Republican Leader Kevin McCarthy (R-CA) led a lawsuit against Speaker Nancy Pelosi (D-CA) and House Democrats over the constitutionality of proxy voting in the House of Representatives.

Monday, June 1, 2020

Protests, Veterans and More at the Ponder News

Donna Shalala Statement on Protests and Civil Disobedience in Miami-Dade and Across the United States
Source: U.S. Representative Donna E. Shalala (D-FL, 27th)
June 1, 2020
“We must vigorously and loudly voice our grievances while peacefully and lovingly respecting the safety of our neighbors and communities.”
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Rep. Sewell Statement in Response to Birmingham Protests
Source: U.S. Representative Terri A. Sewell (D-AL, 7th)
May 29, 2020
“We must seek justice for George Floyd, but we must also examine the very nature of policing in America as an institution.  These deadly tragedies are a frequent and persistent symptom of the abdication of our responsibility to reform the system. The full implementation of the Death in Custody Reporting Act of 2013 will provide the data necessary to implement the long overdue reform of policing in America and will honor the legacies of the countless lives lost to these injustices.”
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SCOTT STATEMENT ON THE ARREST OF FORMER MINNEAPOLIS POLICE OFFICER FOR THE MURDER OF GEORGE FLOYD
Source: U.S. Representative Robert C. Scott (D-VA, 3rd)
May 29, 2020
“We must seek justice for George Floyd, but we must also examine the very nature of policing in America as an institution.  These deadly tragedies are a frequent and persistent symptom of the abdication of our responsibility to reform the system. The full implementation of the Death in Custody Reporting Act of 2013 will provide the data necessary to implement the long overdue reform of policing in America and will honor the legacies of the countless lives lost to these injustices.”
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Sarbanes Statement on Recent Killings of Ahmaud Arbery, Breonna Taylor and George Floyd
Source: U.S. Representative John P. Sarbanes (D-MD, 3rd)
June 1, 2020
“I am anguished and outraged at the brutal killings of Ahmaud Arbery in Georgia, Breonna Taylor in Kentucky and now, George Floyd in Minnesota. The sad, bitter truth is that our country continues to be betrayed by police who perpetrate racial violence and prosecutors that turn a blind eye. We must end this corruption of justice with transparency and unyielding accountability. The anger and frustration that is boiling in so many communities across the country is real – and it is warranted."
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SCHNEIDER STATEMENT ON NATIONWIDE PROTESTS
Source: U.S. Representative Bradley Schneider (D IL, 10th)
June 1, 2020
“We all need to listen, and to make the reforms our justice system so desperately needs. We need leadership and empathy. Instead of uniting the country, the President’s rhetoric and actions seek to divide and dangerously escalate the situation. We cannot allow it."
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Sanders and Schumer Respond to CBO Estimate Pandemic May Cause $16 Trillion in Long-Term Economic Harm
Source: Senator Bernard Sanders (I-VT)
June 1, 2020
“Last week we learned that over 40 million Americans lost their jobs as a result of this horrific pandemic. Today, the CBO tells us that if current trends continue, we will see a jaw-dropping $16 trillion reduction in economic growth over the next decade. How can Senator McConnell look at these catastrophic economic numbers and believe there is no ‘urgency’ to protect America’s working families? At a time of massive wealth and income inequality, how can President Trump believe that what this country needs is another huge tax break for the top one percent? In order to avoid the risk of another Great Depression, the Senate must act with a fierce sense of urgency to make sure that everyone in America has the income they need to feed their families and put a roof over their heads. The American people cannot afford to wait another month for the Senate to pass legislation. They need our help now.”
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Schakowsky Slams CMS For Failing To Publish Coronavirus Data From Nursing Homes
Source: U.S. Representative Jan Schakowsky (D-IL, 9th)
June 1, 2020
U.S. Congresswoman Jan Schakowsky, a Senior Chief Deputy Whip and Co-Chair of the House Democrats’ Task Force on Aging and Families, released the following statement after the Centers for Medicare & Medicaid Services (CMS) failed to publish COVID-19 data that the agency has been collecting from U.S. nursing homes by May 31:
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Senate Passes Schatz-Blackburn-Coons-Murkowski Bill Honoring The More Than 100,000 Americans Lost To COVID-199
Source: Senator Brian Schatz (D-HI)
June 1, 2020
“The nation must mark this dark moment with unity and clarity,” said Senator Schatz. “At this time of almost unimaginable pain, it is essential that we pause to honor every life lost, and that we grieve together.”
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Schiff Highlights Need for Nondiscriminatory Blood Donation Guidelines
Source: U.S. Representative Adam Schiff (D-CA, 28th)
June 1, 2020
Reps. Adam Schiff (D-CA) and Carolyn Maloney (D-NY), Alexandria Ocasio-Cortez (D-NY), Chris Pappas (D-NH), Mike Quigley (D-IL), Barbara Lee (D-CA), Deb Haaland (D-NM), and Katherine Clark (D-MA) introduced a resolution underscoring the need for policies governing blood and blood product donation to be grounded in science and based on individual risk factors that do not unfairly single out any group of individuals so that all those who can safely donate are able to do so.
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FINAL RULE PROMOTES ENERGY INFRASTRUCTURE

Washington, D.C. - June 1, 2020 - (The Ponder News) -- House Republican Whip Steve Scalise (R-La.) released the following statement in support of U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler's announcement of the agency's final rule on Section 401 of the Clean Water Act. The final rule will help accelerate the construction of energy infrastructure projects across the nation:

“I applaud President Trump and EPA Administrator Wheeler for their final rule that will prevent further abuse and politicization of Clean Water Act Section 401 authorities. Some states have abused Section 401 authorities to block the construction of critical energy infrastructure projects for reasons completely unrelated to water quality. This new rule maintains strong standards for water quality, while also supporting the high-paying construction jobs needed to build pipelines, export terminals, and other critical energy projects. This important rule will provide common sense reforms to ensure our nation’s waterways are protected, while putting an end to the radical tactics some states are using to pursue their 'keep it in the ground' agenda."

EPA finalized this rule pursuant to the direction of Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth.” In this Executive Order, President Trump directed EPA to review Section 401 and EPA’s related regulations and guidance to determine whether the agency’s policies should be updated or clarified.

Section 401 of the Clean Water Act gives states the authority to review whether a federally permitted project will impact the water quality of navigable waters within state borders. While this authority is important in protecting water quality, Section 401 has been abused by some states to deny critical and legitimate energy infrastructure projects for reasons unrelated to water quality. The final rule limits reviews to water quality impacts and requires a final decision be made by states within one year. The final rule:

  • Specifies statutory and regulatory timelines for review and action on a Section 401 certification—requiring final action to be taken within one year of receiving a certification request.
  • Clarifies the scope of Section 401, including clarifying that 401 certification is triggered based on the potential for a project to result in a discharge from a point source into a water of the United States. When states look at issues other than the impact on water quality, they go beyond the scope of the Clean Water Act.
  • Explains EPA’s roles under Section 401.
  • Reaffirms the agency’s statutory responsibility to provide technical assistance to any party involved in a Section 401 water quality certification process.
  • Promotes early engagement and coordination among project proponents, certifying authorities and federal licensing and permitting agencies.

  • In October 2019, Scalise signed a letter in support of the EPA's proposed rule regarding Section 401 of the Clean Water Act.

    House increases vets’ COLA

    Washington, D.C. - June 1, 2020 - (The Ponder News) -- On Thursday, the House passed H.R. 6168, the Veterans’ Cost-of-Living Adjustment Act of 2020 which would increase compensation rates for disability compensation, clothing allowance, and dependency and indemnity compensation benefits. Raising benefits help veterans, their families, and survivors meet the rising cost of goods and services and maintain quality of life. The amount would be the same as the cost-of-living increase for Social Security recipients and take effect December 1, 2020. The bill now heads to the Senate for action.

    Saturday, May 30, 2020

    Investigations into Improper PPP Funding for Planned Parenthood Urged by Lawmakers

    Pierre, SD - May 30, 2020 - (The Ponder News) -- U.S. Sen. Mike Rounds (R-S.D.) joined a number of his colleagues in two different letters urging full investigations into improper Paycheck Protection Program (PPP) funding for Planned Parenthood. The first letter, led by Sen. Tom Cotton (R-Ark.), was sent to Attorney General Bill Barr to urge the Department of Justice to investigate whether dozens of Planned Parenthood affiliates across the country applied for and received PPP loans despite knowing they were ineligible to apply.

    A second letter, led by Sen. Marco Rubio (R-Fla.), was sent to Jovita Carranza, Administrator of the Small Business Administration (SBA), urging her to conduct a full investigation into how 37 Planned Parenthood affiliates applied for and improperly received a total of $80 million in loans from the PPP.

    Under the statutory text of the CARES Act, organizations like these affiliates were expressly prohibited from receiving PPP funds. Additionally, the Small Business Administration confirmed last month that its standing affiliation rules apply to the new PPP, which excludes organizations like Planned Parenthood that employ its type of governance and affiliation structure and exceed the cap on total employees.

    Excerpt of the letter to the DOJ: “The Paycheck Protection Program established by the CARES Act was designed by Congress to help struggling small businesses and nonprofit organizations by giving them access to low-cost loans for expenses like keeping their employees on payroll during this pandemic. It was not designed to give government funds to politicized, partisan abortion providers like Planned Parenthood. The funds in the program are not unlimited, and were depleted once already because of high demand. Planned Parenthood fraudulently taking tens of millions of dollars that were intended to help keep those small businesses and nonprofit organizations afloat cannot stand and must be addressed,” wrote the senators.

    Excerpt of the letter to the SBA: “It has come to our attention that affiliates of Planned Parenthood improperly applied for, and received loans, through the program. While we appreciate the Small Business Administration’s (“SBA”) efforts to promptly cancel those loans, the circumstances under which they were made merit further investigation of possible wrongdoing,” the senators wrote. “These circumstances require a full investigation in order to determine whether there was wrongdoing, and we urge that any such misconduct be prosecuted to the fullest extent of the law. We urge that the SBA promptly open an investigation into how these loans were made in clear violation of the applicable affiliation rules and if Planned Parenthood, relevant lenders, or staff at the SBA knowingly violated the law, and that appropriate legal action be taken if so.”

    Two COVID-19 Cases Filed Against People’s Republic of China (PRC)

    New York, NY - May 05, 2020 - (The Ponder News) -- During this time of uncertainty, as the coronavirus continues to upend lives and businesses, the need for the rational and consistent application of the Rule of Law has never been more urgent. Legal Language Services’ (LLS) senior consultant, Tom McLean, Esq. and LLS’s president, Victor Hertz, reviewed two recently-filed lawsuits related to the pandemic, brought against the People’s Republic of China (PRC). These suits are representative of several similar cases, including those brought by the Missouri and Mississippi Attorneys General.

    The Two Cases

    Both suits against the PRC were brought under the Foreign Sovereign Immunities Act (FSIA) and, according to McLean, “appear to suffer from weak causation, scapegoating China for the pandemic.” Similar cases, such as the complaint brought by Liang Xuguang against the US Federal Government (among others), have also been filed in the PRC. LLS’s blog post – Panic, Pandemic, and the Rule of Law – examines the causation, decisions and validity of these two lawsuits.

    Case 1, Alters v People’s Republic of China, is a class action asserting that the PRC acted in its own best interest to maintain its "Superpower status" and negligently failed to contain the COVID-19 virus in Wuhan. [1]

    Case 2, Buzz Photos v People’s Republic of China, is an attempt by a business to recover damages arising from COVID-19-related lost sales and layoffs. [2]

    Do These Cases Deserve Their Day in Court?

    LLS believes everyone deserves their day in court. “Perhaps the attorneys who filed these cases know more than they let on in their complaints. If so, these cases have merit and should be heard even if President Xi and the PRC government disagree,” said McLean. He adds, “If these cases are weak and have been filed for publicity, rather than a true hope of recovering money, then they do a disservice to the United States and its judicial system. If the US judicial system works as it should, then the litigants in these cases will not prevail.”

    Hertz points out that “similar litigation was filed after the 9/11 attacks, seeking damages from Saudi Arabia. Those cases were dismissed by the Supreme Court.” [3]

    "It is essential that the legal profession uphold the Rule of Law when society is stressed and people feel at risk,” Hertz reiterates. “Ultimately, good litigation will produce good precedents and these cases against China will rise or fall on their own merits.”

    [1] 1:20-cv-21108 (SD FLA 2020)
    [2] 3:20-cv-00656 (ND TX 2020)
    [3] Supreme Court decision No. 08-640 in the matter of Federal Insurance Co., et al. v. Kingdom of Saudi Arabia, et al.

    About Legal Language Services

    Since 1983, Legal Language Services has helped US law firms, sole practitioners and governments communicate across linguistic and political boundaries. LLS is the premier source of legal translation in the United States. They also provide the interpreting backbone for 911 calls. Having been through fires, floods, hurricanes, recessions, stock market crashes and the aftermath of 9/11, they have the experience and the expertise to get through the COVID-19 crisis.

    Additionally, LLS offers:

    · Secure HIPAA-compliant 24/7 telephonic interpreting service in more than 200 languages and dialects.

    · Interpreting services are available on demand via a secure HIPAA-compliant video-remote platform, available in twenty languages, including American Sign Language (ASL).

    · Verbatim transcription, legal services and a broad spectrum of international litigation services, including expert consulting on international service of process, legal discovery services and evidence-taking abroad.

    For more information about Legal Language Services, please visit their website by clicking HERE.


    Monday, May 25, 2020

    In Honor of Memorial Day, Tunnel To Towers to Provide Three Gold Star Families with Mortgage-Free Homes

    Staten Island, NY - May 25, 2020 - (The Ponder News) -- This Memorial Day, the Stephen Siller Tunnel to Towers Foundation, named after a fallen 9/11 FDNY firefighter, announced it will be providing mortgage-free homes to three Gold Star families - the families of U.S. Army Staff Sergeant Matthew J. West, U.S. Army Specialist Christopher Michael Harris, and U.S. Army Staff Sergeant William S. Jackson II.

    SSG West, 36, was killed in action in Afghanistan on August 30, 2010, when his vehicle was hit by an IED. He joined the Army in June of 2004, and was on his third deployment at the time of his death.

    SSG West left behind his wife, Carolyn, and their three children, Tyler, Joseph, and Annaliese.

    “Not only will the Gold Star Family Home Program allow me to give them [the children] a home, but it will also help me to secure their education and future with less stress, and allow us to continue to make more happy family memories,” said Carolyn West.

    SPC Harris, 25, was killed in action in Afghanistan on August 2, 2017. He was just one month into his first deployment when a vehicle packed with explosives detonated near his convoy, taking his life.

    SPC Harris left behind his pregnant wife, Britt, who was expecting their first child. She welcomed their daughter, Christian Michelle, in March 2018.

    “She’s my whole world,” Britt said of Christian Michelle. “The Gold Star Family Home Program will allow me to set aside a proper savings account for my daughter.”

    SSG Jackson, known to his friends and family as Jack, was killed on Veterans Day 2006 when an IED detonated near his vehicle in Ramadi, Iraq. The 29-year-old first served in the U.S. Marines for four years, from 1998-2002, before joining the Army.

    SSG Jackson is survived by his wife, Katie, and their four children, Zachariah, Levi, Samuel, and Hannah. All four children were younger than six when their father was killed.

    “Since Jack’s death, we have felt like we have been in survival mode in many ways. Receiving a home would take the edge off of the feeling of shouldering a heavy burden alone. It would bring such a sense of relief,” Katie said.

    The Tunnel to Towers Foundation’s Gold Star Family Home Program honors the legacy of those who have made the ultimate sacrifice while serving our country by providing the surviving spouses and young children with mortgage-free homes.

    “SSG West, SPC Harris, and SSG Jackson put their lives on the line in service of our country, and tragically, they did not make it home to their families. This Memorial Day, the Tunnel to Towers Foundation wants the West, Harris, and Jackson families to know that their sacrifices are remembered. We hope the knowledge that they will never have to make another mortgage payment again will provide Carolyn, Britt, Katie, and their children with some peace of mind as they continue to grieve,” said Foundation Chairman and CEO Frank Siller.

    You can help Tunnel to Towers provide mortgage-free homes to Gold Star families by donating $11 per month at tunnel2towers.org.

    Not Registered to Vote? Steven Odzer Shares Why It’s Time to Register to Vote

    Henderson, NV - May 25, 2020 - (The Ponder News) -- With election season upon us, Steven Odzer wants to encourage young Americans and anyone else who hasn’t registered to vote to do so. Research from the last election shows that the young vote accounts for about half of the voting population. Steven Odzer points out that young Americans don’t realize how much influence they have on the future of their country. In a few short years, millennials will overpower baby boomers as a population, which is why it’s so important they get out and vote. The young vote declined 2% from 52% in the 2008 election, and young voters still made up half of the voters in 2016.

    Steven Odzer is very much involved in the political aspects of his community. “I am very involved with Republican Party and Republican Jewish Committee,” says Steven Odzer. Steven Odzer is aware of the importance of the young vote, which is why he supports the Republican party and the RJC. It’s essential also to get young Americans to vote and find their voice so that they can make a difference at the local and national level.

    On November 12, 2019, Steven Odzer attended an event at the Economic Club where President Donald Trump gave a speech. “I’m a strong supporter of the Republican Party and the RJC, so it was an honor to attend the event,” he said. It is during events like those that inspire Steven Odzer to keep supporting the Republican party.

    According to Steven, Odzer is vital to talk to them about the importance of voting from an early age. The young population needs to understand that since they make up over half of the voting population, candidates count on the vote of Millennials. Aside from being a large group, young voters are also a diverse group. Candidates will focus on the young majority when campaigning this election season due to their diversity. Young voters come from different backgrounds, which also help diversify the vote.

    Steven Odzer mentions young Americans should be more interested in voting because they were the ones who got hit the hardest during the recession of 2008. Millennials took a hit in the job market, student loans, and even healthcare. By voting, young Americans can support the leaders that best represent their financial interests.

    Steven Odzer has made a name for himself in the distribution industry. Steven Odzer has served as CEO of many successful companies. Currently, YBT Industries of Henderson, NV. Steven Odzer, also dedicates a lot of time helping out the community. He supports causes such as both Jewish and non-Jewish causes, the AHRC, and Bris Avrohom.

    Lt. Col. Allen West Recovering in Waco From Motorcycle Accident

    Garland, TX - May 25, 2020 - (The Ponder News) -- On his drive back from the “Free Texas Rally” in Austin, TX, Lt. Col. Allen West was involved in an accident when a car cut in front of him. He is recovering, in stable condition, and has his family with him.
    Local law enforcement reported that “an unidentified vehicle changed lanes when unsafe in front of two motorcyclists. The motorcyclist attempted to brake, and the rear motorcyclist crashed into the front motorcyclist. Both motorcyclists were transported to Baylor Scott and White in Waco to be treated for non-life threatening injuries.”

    Allen West is currently dealing with a concussion, several fractured bones, and multiple lacerations. Though these injuries are serious, Lt. Col. West stated, “I am alive by the grace of God.”

    He plans to continue to be a proponent for freedom and the state of Texas, and will resume his normal calendar of activities as given clearance by his medical team.

    LTC West thanks the public for their well-wishes and outpouring of support, and continued prayers on his behalf are appreciated.

    Learn more about Allen West, his campaign, and how to keep Texas Red by clicking HERE

    Senate passes Kennedy and Van Hollen’s bill to kick deceitful Chinese companies off U.S. exchanges

    Washington, D.C. - May 25, 2020 - (The Ponder News) -- On Wednesday, the Senate passed the Holding Foreign Companies Accountable Act by unanimous consent. Sens. John Kennedy (R-La.) and Chris Van Hollen (D-Md.) introduced the legislation to protect American investors and their retirement savings from foreign companies that have been operating on U.S. stock exchanges while flouting Securities and Exchange Commission (SEC) oversight.

    “The SEC works hard to protect American investors from being swindled by American companies. It’s asinine that we’re giving Chinese companies the opportunity to exploit hardworking Americans—people who put their retirement and college savings in our exchanges—because we don’t insist on examining their books. There are plenty of markets all over the world open to cheaters, but America can’t afford to be one of them. China is on a glidepath to dominance and is cheating at every turn. I hope my colleagues in the House will immediately send this bill to the president’s desk so we can protect Americans and their savings,” said Kennedy.

    “As we continue to experience the economic fallout and volatility caused by the COVID-19 pandemic, the need to protect main street investors is all the more important. For too long, Chinese companies have disregarded U.S. reporting standards, misleading our investors. Publicly listed companies should all be held to the same standards, and this bill makes commonsense changes to level the playing field and give investors the transparency they need to make informed decisions. I’m proud that we were able to pass it today with overwhelming bipartisan support, and I urge our House colleagues to act quickly,” said Van Hollen.

    The Holding Foreign Companies Accountable Act prohibits securities of a company from being listed on any of the U.S. securities exchanges if the company has failed to comply with the Public Company Accounting Oversight Board’s (PCAOB) audits for three years in a row.

    The bill would also require public companies to disclose whether they are owned or controlled by a foreign government, including China’s communist government.

    Many Americans invest in U.S. stock exchanges as part of their retirement savings, and dishonest companies operating on the exchanges put Americans at risk. This legislation protects the interest of hardworking American investors by ensuring that foreign companies traded in America are subject to the same independent audit requirements that apply to American companies.

    Sens. Kevin Cramer (R-N.D.), Tom Cotton (R-Ark.), Bob Menendez (D-N.J.), Marco Rubio (R-Fla.) and Rick Scott (R-Fla.) have cosponsored the bill.

    Background:

    Congress established the PCAOB to inspect audits of public companies, ensuring the information companies provide to the public is accurate, independent and trustworthy.

    Currently, China’s communist government refuses to allow the PCAOB to inspect audits of companies registered in China and Hong Kong. Such companies represent a keen risk to American investors as nearly 11 percent of all securities class action lawsuits in 2011 were brought against Chinese-owned companies accused of misrepresenting themselves in financial documents.

    According to the SEC, 224 U.S.-listed companies are located in countries where there are obstacles to PCAOB inspections. These companies have a combined market capitalization of more than $1.8 trillion.

    In the last 10 years, the number of Chinese companies listed on U.S. stock exchanges has increased significantly, as those firms take advantage of the capital available in America.