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November 2016

House Passes Potential FCC Regulation-Blocking Bill

A recently passed House bill would make it easy for Congress to invalidate any last-minute regulations from an agency like the Federal Communications Commission or Federal Trade Commission with a single vote. The House on Nov 17 passed (240 to 179) a bill, the Midnight Rules Relief Act (HR 5982), to backstop those warnings to all federal agencies about 11th-hour votes, on or off a public meeting. The bill can't get a Senate vote until at least Nov. 28 since the Senate is not holding any business sessions until that date given the Thanksgiving holiday.

The bill "amends the Congressional Review Act to allow Congress to consider a joint resolution to disapprove multiple regulations that federal agencies have submitted for congressional review within the last 60 legislative days of a session of Congress during the final year of a President's term. Congress may disapprove a group of such regulations together (i.e., 'en bloc') instead of the current procedure of considering only one regulation at a time." The bill would apply to the FCC and FTC, according to a spokesperson for Rep Darrell Issa (R-CA) who introduced the bill, as well as federal agencies like the Department of Agriculture, FDA and EPA. If passed by the Senate, it would have to wait until President-elect Donald Trump was sworn in to be submitted for a presidential signature since the current President has already signaled it would be vetoed. The Executive Office of the President said the "arbitrary packaging of rules for an up-or-down vote, as this bill does, is unnecessary."

President-elect Trump Selects Senator Jeff Sessions for Attorney General

President-elect Donald J. Trump has selected Sen Jeff Sessions (R-AL), a conservative from Alabama who became a close adviser after endorsing him early in his campaign, to be the attorney general of the United States. While Sen Sessions is well liked in the Senate, his record as United States attorney in Alabama in the 1980s is very likely to become an issue for Democrats and civil rights groups expected to give it close scrutiny. While serving as a United States prosecutor in Alabama, Sessions was nominated in 1986 by President Ronald Reagan for a federal judgeship. But his nomination was rejected by the Republican-controlled Senate Judiciary Committee because of racially charged comments and actions. At that time, he was one of two judicial nominees whose selections were halted by the panel in nearly 50 years.

The appointment of Sen Sessions is expected to bring sweeping change to the Justice Department as it operated under Loretta E. Lynch and her predecessor, Eric H. Holder Jr., who, when he was nominated to be the first black attorney general, pledged to make rebuilding the civil rights division his top priority. Several former Justice officials predicted that Sen Sessions would reverse the emphasis on civil rights and criminal-justice reform that Holder put in place.

Mike Pompeo Is President-elect Trump’s Choice as CIA Director

President-elect Donald J. Trump has selected Rep Mike Pompeo (R-KS), a hawkish Republican from Kansas and a former Army officer, to lead the CIA. Rep Pompeo, who has served for three terms in Congress and is a member of the House Intelligence Committee, gained prominence for his role in the congressional investigation into the 2012 attack on the American diplomatic compound in Benghazi, Libya. He was a sharp critic of Hillary Clinton on the committee. If confirmed by the Senate, Rep Pompeo would take control of a spy agency that has been remade in the years since the terrorist attacks of Sept. 11, 2001, with a relentless focus on manhunts, counterterrorism and targeted killing operations. Over the past year, the CIA has undergone a bureaucratic reorganization under its director, John O. Brennan, an effort Rep Pompeo would decide whether he wants to continue.

On the intelligence committee, Rep Pompeo has taken a particularly hard-line stance on how to treat National Security Agency whistleblower Edward Snowden. After Snowden's allies began a campaign to get him pardoned, the entire House Select Committee on Intelligence wrote a letter to President Barack Obama urging against a pardon. The letter said Snowden was no whistle-blower, but rather a "serial exaggerator and fabricator." At that time, Rep Pompeo issued his own press release, calling Snowden a "liar and a criminal," who deserves "prison rather than pardon."

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