Month: March 2024

Lawmakers have unveiled the $1.2 trillion government funding deal in the hopes of preventing a government shutdown this weekend.

The bill covers half of the 12 yearly government funding bills, providing funding for the departments of Defense and Health and Human Services, the Internal Revenue Service and the Department of Homeland Security, in addition to general government and foreign operations. Additionally, the funding package includes $824.3 billion for the Department of Defense, $19.6 billion for Customs and Border operations and $90 billion for Homeland Security.

House Speaker Mike Johnson said in a statement Republicans got $20 billion in proposed cuts to the IRS, and also welcomed funds that increased Immigration and Customs Enforcement detention capacity and funding for 22,000 Border Patrol agents.  Johnson added: “overall, during the FY24 appropriations process, House Republicans have achieved significant conservative policy wins, rejected extreme Democrat proposals and imposed substantial cuts to wasteful agencies and programs while strengthening border security and national defense.”  Democrats received $1 billion increase in child care and Head Start funding, as well as more money for Alzheimer’s and cancer research and “climate change and resilience activities.”

For vital operations like Defense, Homeland Security, State Department and Labor, Health and Human Services departments to avoid interruption, the funding package must be finalized by Saturday morning. President Joe Biden said the House and the Senate are working to pass the package, which he pledged to sign immediately.

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The Justice Department sued Apple in an antitrust case, saying that the iPhone maker has a monopoly over the phone market that harmed consumers, developers, and rival companies. The lawsuit, filed by the DOJ and 16 attorneys general in federal court in New Jersey, claims Apple’s anti-competitive practices extend beyond the iPhone and Apple Watch businesses, citing Apple’s advertising, browser, FaceTime and news offerings. Sixteen state and district attorneys general joined the DOJ in bringing the case.

The Justice Department said in a release that to keep consumers buying iPhones, Apple moved to block cross-platform messaging apps, limited third-party wallet and smartwatch compatibility, and disrupted non-App Store programs and cloud streaming services.  Attorney General Merrick Garland said in a statement announcing the lawsuit: “We allege that Apple has maintained monopoly power in the smartphone market, not simply by staying ahead of the competition on the merits, but by violating federal antitrust law. If left unchallenged, Apple will only continue to strengthen its smartphone monopoly. Each step in Apple’s course of conduct built and reinforced the moat around its smartphone monopoly.”

Garland said at a news conference that the Supreme Court defines monopoly power as “the power to control prices or exclude competition .. As set out in our complaint, Apple has that power in the smartphone market,” Garland said. “If left unchallenged. Apple will only continue to strengthen its smartphone monopoly.”

Apple said in a statement that it would fight against the premise of the lawsuit. with an Apple spokesperson saying:  “This lawsuit threatens who we are and the principles that set Apple products apart in fiercely competitive markets. If successful, it would hinder our ability to create the kind of technology people expect from Apple—where hardware, software, and services intersect. It would also set a dangerous precedent, empowering government to take a heavy hand in designing people’s technology.”

The lawsuit could force Apple to make changes in the iPhone, in which Apple reported more than $200 billion in sales in 2023, the Apple Watch, part of the company’s $40 billion wearables business, and its profitable services line, which reported $85 billion in revenue. The Justice Department said Apple has fought cloud streaming services on its App Store platform, blocking consumer access to high-quality video games on iPhones. Garland said the DOJ is also looking at changing policies around Apple Wallet, the company’s app for phone-based credit cards and payments.

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On Wednesday, the 5th Circuit Court of Appeals heard arguments regarding the controversial Texas immigration law, Senate Bill 4 (“SB4”), that allows state officials to prosecute and imprison migrants suspected of crossing the border illegally. The hearing before the Circuit Court comes less than one day after the U.S. Supreme Court allowed the law to briefly go into effect, before the 5th Circuit temporarily put another hold on it a few hours later.

SB4 is part of the ongoing battle between Texas and the Biden administration over border policy and the flow of migrants into the United States. Immigration enforcement is typically government by the federal government, however Texas Gov. Greg Abbott signed the law in December making the illegal entry into Texas a state crime, which in turn allows state judges to order immigrants to be deported.

Wednesday’s arguments were over whether the intermediate court should block the law while it considers the larger legal challenge to it. Attorneys for both sides made their arguments Wednesday on why the hold should – or should not – be continued; it remains unclear when the next decision might come. Harris County Judge Lina Hidalgo issued a statement Wednesday saying, in part, that the law could be used to target people just for “looking like an immigrant;” her full statement can be found: here.

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A Fulton County judge s allowing former President Donald Trump to appeal a ruling that has kept Fulton County DA Fani Willis on the election interference case. Fulton County Judge Scott McAfee granted the joint request on Wednesday from Trump and some of his co-defendants to obtain a certificate of immediate review, which allows them to appeal the ruling up to the Georgia Court of Appeals.

The lead prosecutor in Trump’s election interference case, Nathan Wade, resigned Friday as special prosecutor following a ruling by McAfee. Wade’s resignation came after McAfee declined to outright disqualify Willis, ruling either she or Wade must step aside from the case due to a “significant appearance of impropriety” – which stemmed from a romantic relationship between Willis and Wade.

McAfee in his order said the order “is of such importance to the case that immediate review should be had,” adding that he intends to keep moving forward with the case while Trump and his codefendants pursue their appeal. The order read: “The Court intends to continue addressing the many other unrelated pending pretrial motions, regardless of whether the petition is granted within 45 days of filing, and even if any subsequent appeal is expedited by the appellate court.” It will be up to the Georgia Court of Appeals to determine whether or not to take the issue.

Trump’s attorney Steve Sadow said in a statement that the move from McAfee “highly significant …The defense is optimistic that appellate review will lead to the case being dismissed and the DA being disqualified.”  Additionally, Jeff Disantis, spokesperson for the DA’s office, said of McAfee’s decision to keep the case moving that they [the DA’s office] will “work to move [the case] forward to trial as quickly as possible. As the case is not stayed during the appeal, this office will work to move it forward to trial as quickly as possible. We will limit our comment on the appellate matter to what we file with the Court of Appeals during the briefing process.”

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President Joe Biden and House Republicans said in separate statements on Tuesday that they have struck a deal on a government funding agreement for the rest of the fiscal year. Neither publicly announced details of the deal. It remains unclear if Congress will have enough time to pass the proposal before Saturday and avert a partial government shutdown this weekend. Congress needs to beat a Saturday morning deadline for the State, Defense, Homeland Security, Labor and Health and Human Services departments to keep operating; however, Republicans remain deeply divided and will likely need Democrat votes to pass, possibly putting Johnson’s job as speaker in jeopardy. The House is not expected to vote until the end of the week.

Biden said in a statement that an agreement had been reached, urging lawmakers to move as swiftly as possible to get the bill to his desk: “We have come to an agreement with congressional leaders on a path forward for the remaining full-year funding bills. The House and Senate are now working to finalize a package that can quickly be brought to the floor, and I will sign it immediately.”

House Speaker Mike Johnson confirmed that negotiators had reached a deal and that some major hurdles had been resolved, in particular funding the department of homeland security through the rest of the fiscal year. Johnson said on X: “An agreement has been reached for DHS appropriations, which will allow completion of the FY24 appropriations process. House and Senate committees have begun drafting bill text to be prepared for release and consideration by the full House and Senate as soon as possible.”

Senate Majority Leader Chuck Schumer, D-N.Y., said on X that both chambers were moving forward, with some details being worked out: “Senate and House leaders and the White House have reached an agreement to finish the final set of full year appropriations bills. The Senate and House Appropriations Committees are in the process of finalizing text and reports for Congress to closely review and consider ASAP.”

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A New York state judge has ordered that lawsuits against Reddit and Google’s YouTube can more forward, seeking to hold the social media platforms responsible for helping enable the avowed white supremacist who killed 10 Black people in 2022 at a Buffalo, New York, grocery store.

Justice Paula Feroleto of the Erie County Supreme Court said that the 25 plaintiffs can proceed with their lawsuit that is alleging that the social media platforms were designed to addict and radicalize users, which in turn gave the shooter, Payton Gendron, knowledge of the equipment and training needed for the mass shooting at Tops Friendly Markets in Buffalo, NY. Gendron, who was 18 at the time of the shooting, pleaded guilty to charges including murder and terrorism motivated by hate. He was sentenced in February 2023 to life in prison without parole, and also faces federal charges. The U.S. Department of Justice said in January it plans to seek the death penalty.

The civil lawsuits were filed by the gun control advocacy group Everytown Law; executive director Eric Tirschwell said: “We must hold accountable every single bad actor that prepared and equipped the shooter to target and kill members of Buffalo’s Black community.”  The 25 plaintiffs included store employees and customers who witnessed the May 14, 2022, shooting, and the son of one of those killed. Reddit and YouTube had sought a dismissal to the lawsuit, stating that they merely host third-party content and are not liable under a federal law governing such content: Section 230 of the Communications Decency Act, or the U.S. Constitution’s First Amendment. However, the judge said the plaintiffs can attempt to show Reddit and YouTube owed them a duty because their platforms were defective and led to injuries, adding that the mental distress that many witnesses suffered justified their pursuit of negligence-based claims.

Reddit said in a statement that hate and violence have no place on its platform, and that they continue to evaluate means to remove such content. YouTube spokesman Jose Castaneda said that they will appeal the decision, while expressing its “deepest sympathies” for attack victims and their families

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