Far-right activists are leading a campaign to get Texas to become the next state to withdraw from a multistate voter roll program, Votebeat first reported.
Continue reading “As Election Deniers Target A Voter Roll Maintenance Program, Texas May Be Next State To Withdraw”Trump Faces A Looming Indictment In The Sordid Stormy Daniels Case
A lot of things happened. Here are some of the things. This is TPM’s Morning Memo.
Stormy!
A criminal indictment against former President Trump now seems almost inevitable, though not guaranteed. That it comes in the Stormy Daniels hush money case is almost surreal, especially given that Manhattan DA Alvin Bragg seemed to have abandoned the investigation upon taking office.
Trump has been invited to testify before the Manhattan grand jury investigating his hush money payment to Stormy Daniels in the waning days of the 2016 president campaign, a Trump lawyer confirmed to the AP.
The on-the-record confirmation followed the initial scoop by the NYT last evening, which characterized the move as “the strongest indication yet that prosecutors are nearing an indictment of the former president.”
“Such offers almost always indicate an indictment is close; it would be unusual for the district attorney, Alvin L. Bragg, to notify a potential defendant without ultimately seeking charges against him,” the NYT reported.
The defense offered to the AP by Trump attorney Joseph Tacopina was almost desultory: “It’s just another example of them weaponizing the justice system against him. And it’s sort of unfair.”
Trump would be insane to accept Bragg’s invitation to testify, but Trump’s lawyers will likely make a last-minute argument to Bragg not to indict.
Reaction To The Looming Trump Indictment
It would be the first-ever indictment of a former president, but more amazingly it would be the first indictment of Donald Trump, after a lifetime of living on the edge and skating from accountability.
To put it another way: After a presidency whose corruption is rivaled only by Richard Nixon’s and Warren Harding’s, Trump’s first comeuppance will be for trying to cover up a sordid personal matter before he even became president?
“That the Stormy Daniels case may be the one to produce a Trump indictment is a nice call back by the writers,” a bemused Aaron Rupar noted. “I had almost forgotten about the 2018 season.”
I share this sentiment from Chris Hayes:
A closer look at the strengths and weaknesses of Bragg’s case:
Another Secret Hearing In Mar-A-Lago Case
Special Counsel Jack Smith is trying to force Trump attorney Evan Corcoran to answer more questions in front of the DC federal grand jury investigating the classified documents case. Chief U.S. District Judge Beryl Howell held a closed-door hearing Thursday because of grand jury secrecy rules. Nothing was made public about it. But based on leaks and reporting around the case, here’s what’s known:
- Smith is invoking the crime-fraud exception to overcome Trump’s attorney-client privilege and secure additional testimony from Corcoran, according to the Guardian. “[P]rosecutors argued that they had reason to believe that legal advice to Trump from his lawyer Evan Corcoran was used by Trump to obstruct the classified-marked documents investigation,” the Guardian reported.
- The hearing lasted three hours, according to CNN.
- Howell did not immediately rule on DOJ’s motion to compel Corcoran’s testimony and ordered additional briefings from both sides, multiple outlets reported.
- CNN spotted Trump attorneys John Rowley, Jim Trusty and Corcoran at the courthouse, along with Jay Bratt, a top Justice Department official who has been on the Mar-a-Lago case from the beginning and is now part of Smith’s team.
Peter Navarro: Menace Or Fool?
Trump White House official Peter Navarro must return hundreds of emails from his time in government that he kept on a personal ProtonMail account and refused to return to the National Archives, federal judge in DC has ordered in a “brutal” opinion.
Navarro still faces criminal contempt of Congress charges for defying subpoenas from the Jan. 6 committee. No trial date has been set.
Proud Boys Trial Hits A Snag
The feds inadvertently disclosed classified information to Proud Boys defense counsel and now want to try to claw it back, delaying the long-running seditious conspiracy trial in DC.
Jenna Ellis Is A Piece Of Work
After stipulating to making repeated misrepresentations as part of Trump’s 2020 Big Lie and agreeing to public censure in attorney disciplinary proceedings in Colorado, former Trump lawyer Jenna Ellis is out there claiming anyone who accuses her of lying is … lying.
The Vast Influence Of Leonard Leo
Leonard Leo, a key architect of the Supreme Court’s conservative supermajority, is now the chairman of Teneo, a group that aims to influence all aspects of American politics and culture.
Must Read
WaPo:
A group of conservative ColoradoCatholics has spent millions of dollars to buy mobile app tracking data that identified priests who used gay dating and hookup apps and then shared it with bishops around the country.
Michigan Poised To Repeal Decades-Old Abortion Ban
The Michigan Senate on Wednesday approved a House-passed bill to repeal a 1930s-era law that banned abortion in all cases except when the woman’s life was in danger. Gov. Gretchen Whitmer (D) is expected to sign the repeal soon.
Remember George Santos?
The New York Republican congressman and serial fabulist allegedly masterminded a 2017 ATM fraud, his former roommate tells the feds.
A Rare Dash Of Business News In Morning Memo
The financial troubles of Silicon Valley Bank, a small institution but a big tech and start-up lender, has caused a global run on bank stocks.
Thank You!
More than 3,000 of you have signed up to receive Morning Memo via email. I sincerely appreciate it!
We’re making a push to get to 5,000 subscribers. It’s free, easy, and carries no other obligations. Spread the word!
Keep It In Perspective
I try to end Morning Memo on either a humorous note or with a reminder that there is so much more to life than politics. That perspective reset is usually a nod to the vastness of nature or of the cosmos, a gentle nudge to remember the larger touchstones around us.
This super-smart thread is a perfect ending for this week:
I’m literally writing the book on planetary defense, so I know things about errant space rocks. And asteroid 2023 DW – with its small-but-not-zero chance of hitting Earth on Feb 14, 2046 is making headlines.
— Dr Robin George Andrews 🌋☄️ (@SquigglyVolcano) March 9, 2023
So: let’s sort a few things out, shall we?
Have a good weekend!
Do you like Morning Memo? Let us know!
How A Lobbyist-Created Obamacare Loophole Enabled A Multibillion-Dollar Christian Health Care Cash Grab
This article first appeared at ProPublica. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.
Joe Guarino rescued an entire industry with help from what some called “divine” intervention.
A little-known lobbyist from Virginia, Guarino was hired in 2007 by the Alliance of Health Care Sharing Ministries, the trade association for nonprofit alternatives to medical insurance founded on Christian principles. Health care sharing ministries take fees from members, which are then used to pay other members’ health bills.
At the time, the industry had been tainted by a scandal involving one of the largest ministries in the country, the Christian Brotherhood Newsletter, based outside Canton, Ohio. State authorities won $14 million in civil judgments against two of its top leaders for enriching themselves instead of paying the medical bills of its members. A ProPublica investigation last month revealed that many of the Brotherhood’s executives, including Daniel J. Beers, were involved years later in the launch of a second scandal-plagued ministry, Liberty HealthShare.
The Washington-based alliance was looking to Guarino to repair the industry’s reputation and pass laws to fend off a looming movement to regulate the business. The lobbying effort is an example of how the ministries have quietly worked over the years to shield themselves from consumer protection laws and preempt government oversight.
Guarino decided to launch a state-by-state campaign to pass so-called safe harbor laws that exempt health care sharing ministries from insurance regulation. The carve-outs were justified, the alliance argued, because ministries don’t set prices and coverage based on risk calculations or pool people’s money, as insurance companies do. In the United States, many of the rules for health insurance are set by the states in which companies operate.
Guarino met with lawmakers in Virginia, Arkansas and Idaho. “Most of the time I was hiring local lobbyists, training them, and then they got the bill passed for us,” Guarino explained.
Although it did not attract much attention, the campaign was a remarkable success. By 2008, 15 states had passed safe harbor laws. Then, a new threat emerged. In 2009, President Barack Obama proposed his sweeping reform of the health care system. Central to the law was a provision referred to as the “individual mandate,” which required that every American obtain health insurance or face a fine. The mandate presented a direct threat to health care sharing ministries: If members were forced to buy insurance, they would likely leave en masse.
Although Guarino was embarrassingly outgunned by the health insurance lobby, he was determined to slip some version of a safe harbor carve-out into whatever the Democratic-controlled Congress handed the president. “I went and saw 150 congressional staffers during that time,” Guarino said.
The turning point came when Guarino reached out to a GOP state legislator he knew in Iowa and asked if she could put him in touch with Republican Chuck Grassley, the state’s longtime senator who wielded power as a member of the Senate Finance Committee. The lawmaker had known Grassley’s family since childhood and agreed to set up a meeting. “Lo and behold, that happened,” Guarino said. “As a Christian, I look at this and say, ‘Oh, this is God’s way of orchestrating things.’”
Guarino told ProPublica that he and his clients got on the phone with Grassley. Together they crafted an amendment to Obamacare that exempted members of sharing ministries from having to obtain health insurance on religious grounds. Behind the scenes, Grassley got that carve-out into the Senate version of the bill, Guarino said. (Grassley did not return a request for comment.)
The passage of the Affordable Care Act was chaotic and, for ministries, that was fortuitous. The House version, which many Democrats preferred, didn’t include Guarino’s exemption. If the House bill prevailed in negotiations between the two chambers, ministries would be extinct.
But with the sudden death of Sen. Ted Kennedy, Democrats lost their filibuster-proof majority in the Senate and could not pass the House version. They were forced to go with the Senate bill that included the carve-out.
The exemption — just 200 words in a 900-page bill — survived tense negotiations between the chambers, going virtually unnoticed. Obama signed the ACA into law in March 2010.
“That’s our language right in the bill,” Guarino told ProPublica.
One friend told him that he’d just saved an entire industry. The larger Christian health share community hailed it as a miracle. “If you’re a person of faith, some of us might say it was kind of divine,” said Tony Meggs, then CEO of Medi-Share, one of the groups that formed the Alliance of Health Care Sharing Ministries.
Meggs estimates membership grew tenfold after 2014, when the individual mandate went into effect. Four years later, the alliance announced that about a million Americans belonged to its member ministries. Some bought into the ministries because they disliked Obama and associated him with the law. Others did it for economic reasons. The ministries offered cheaper plans than insurance sold on the ACA marketplace, which were expensive for anyone who did not qualify for subsidies or Medicaid. Many self-employed people and small business owners fell into this category.
“All of a sudden people started getting religion because they could save $700, $800 a month,” Meggs said.
Both Meggs and Guarino say they believe that most health care sharing ministries do right by their members and the insurance alternative can work when it’s under ethical management. But both acknowledge the industry has been vulnerable to abuse. “Obviously, that kind of growth is going to attract bad actors and people who look for opportunity to enrich themselves,” Meggs said.
One of the people who took advantage of the opportunity is Beers, the patriarch of the family that started Liberty HealthShare just as Obamacare’s individual mandate drove thousands of people to health care sharing ministries. The ProPublica investigation found that Beers acts as a shadow lord over an empire built with money from Liberty HealthShare. Some of the family grew rich while Liberty’s members were left with tens of millions of dollars in unpaid health bills.
Beers’ name does not appear on any official documents related to Liberty, and he denied involvement in family businesses that profited from the ministry. Attorneys representing Beers and members of his family also disputed ProPublica’s finding that they controlled or influenced the sharing ministry or did anything wrong. Liberty is now under new management that does not include Beers or his relatives.
For those in the ministry industry, however, Beers’ involvement has been an open secret for years.
Meggs told of a surprise encounter he had around 2014 with Liberty’s then-CEO, its vice president and Beers, all key figures in the Brotherhood. The group wanted to propose a partnership between Meggs’ ministry and Liberty, which was experiencing explosive growth
At the meeting, Beers was clearly in charge, Meggs remembers, so no matter what they were selling, he wasn’t buying.
Liberty, he said, looked too much like the Brotherhood.
Where Things Stand: Bill To Repeal 1930s-Era Abortion Ban Heads To Whitmer’s Desk
Back in April, before the Supreme Court overturned Roe v. Wade with its Dobbs ruling and before Politico reported on the leaked draft majority opinion overturning Roe, Michigan Gov. Gretchen Whitmer began preparing Michigan for the inevitable.
Continue reading “Where Things Stand: Bill To Repeal 1930s-Era Abortion Ban Heads To Whitmer’s Desk”Listen To This: Fox Unscripted
A new episode of The Josh Marshall Podcast is live! This week, Josh and Kate discuss the various Fox News scandals, House Democrats’ newfound aggressiveness and the debacle of the DC crime bill.
You can listen to the new episode of The Josh Marshall Podcast here.
Minnesota Lawmakers Tackle The Ripple Effects Of The Big Lie
As Dominion aims to hold Fox News accountable for the lies the network helped spread about the voting machine company and a stolen 2020 election, lawmakers in the Minnesota state legislature are considering legislation that would tackle the issue of election misinformation head-on.
Continue reading “Minnesota Lawmakers Tackle The Ripple Effects Of The Big Lie”Senate Democrats Razz Republicans For Their Ongoing Struggle To Coalesce Behind Policy Positions
While Senate Democrats spent Thursday eager to applaud the President’s budget, they were equally keen to exploit the contrast and poke at Republicans for their struggles to produce their own list of economic priorities.
Continue reading “Senate Democrats Razz Republicans For Their Ongoing Struggle To Coalesce Behind Policy Positions”House Dems Dare GOP To Show Their Hand On Budget Cuts
House Republicans have been adamant for some time now that they will hold the debt limit hostage and let the government default on its debt unless they get the budget cuts they want — which have long included major cuts to social programs like Medicare and Social Security.
Continue reading “House Dems Dare GOP To Show Their Hand On Budget Cuts”The Tucker Carlson Origin Story: Beyond the Fish Sticks
I mentioned last week that there is this ironic backstory to Tucker Carlson. Even as he is daily exposed in the non-Fox/Trump bubble universe as the epitome of the corruption of conservative media he also, a dozen years ago, had one of the most solid critiques of that same conservative media ecosystem. At CPAC of all places.
I was watching Chris Hayes’ show last night and he referenced the same video I embedded in that Deep Archeology post. He said it could serve as the origin story for the super villain version of Carlson we know today. I wanted to say a bit more about this.
I think I may have been introduced to Carlson once or twice years ago. I do not know him at all. But I’ve been observing him since the beginning of his career about a quarter century ago. In my post last week I said that while Carlson was always a conservative, “his younger incarnation held an air of ironic and quasi-urbane detachment from full wingnut intensity.”
Continue reading “The Tucker Carlson Origin Story: Beyond the Fish Sticks”Judge: Wohl And Burkman Violated Three Federal Civil Rights Laws With Racist Robocalls
Far-right hoaxsters Jacob Wohl and Jack Burkman violated federal and state civil rights law with a plot using robocalls to suppress the Black vote during the 2020 election, a New York judge ruled Wednesday.
Continue reading “Judge: Wohl And Burkman Violated Three Federal Civil Rights Laws With Racist Robocalls”