One of our TPM Readers had a good sum-up of the collapse of Silicon Valley Bank, the implosion of which started in Silicon Valley, literally and figuratively, but likely won’t end there.
It’s a terrible terrible blot on Silicon Valley culture and a profound refutation of all those libertarian trolls out there. They fought the regulation that would have subjected SVB to greater scrutiny. This was a valuable community facility that greed destroyed. This is what “smart contracts” gets you. My suspicion about Thiel is just that, no facts, but I hope some journo can press him (and some of the other SV bros) on whether they were short sellers in SVB stock before promoting the run. I realize this stuff is not your natural beat but frankly it has political valence: why should we buy the don’t regulate/trust us from this crew when they would turn around and destroy a community facility that had provided such useful service. Say what you want about JP Morgan in the early 20th century, but he at least knew it was his duty to insist on a joint effort to stop a panic rather than profit from one.
The references here are to Peter Thiel. A key accelerant of SVB’s collapse was Thiel’s guidance to all his invested companies to pull their deposits as the bank’s position became more dire.
It’s the latest step in an effort to provide public funds for private schools that in Arizona began in 2011. And that step was taken along what I have discovered to be a familiar route.
As an education policy researcher, I wanted to understand why these voucher programs are becoming more common despite evidence they do not improve, and may even impede, students’ educational achievement. Rather than put the question of whether to use public money for private schools before voters, advocates for choice almost always want state legislatures to make the decision instead. That may be because a careful look at the efforts suggests that if it were up to voters, school choice proposals would rarely succeed.
Private and religious schools have traditionally been prohibited from receiving taxpayer dollars. But since private school-choice programs began in the 1990s, 32 states and the District of Columbia have adopted 76 school voucher or voucherlike programs that allow families to send their children to private schools at public expense, according to the pro-voucher group EdChoice. Additionally, 45 states and Washington, D.C., have charter school programs, which are publicly funded but privately managed.
But of those 121 programs, only two have been approved by voters. The issue has been brought to referendum in various states 16 times since Michigan first voted on it in 1978 and has been rejected 14 times. In 2012, Georgia voters enabled state lawmakers to authorize charter schools, and Washington state voters barely passed a charter school initiative they had rejected twice before.
Parents’ interest growing
Parents are taking advantage of those opportunities. There are 50 million public school students in grades K-12 in the U.S., of whom 3.4 million attend charter schools. About 5.5 million students are in private schools. The numbers are proportionately small, but growing.
For instance, from 2000 to 2016, the U.S. Department of Education reported the number of students in charter schools increased more than fivefold.
And still others emphasize distinctions between different types of choice programs, regulations and funding schemes. For instance, some people support publicly funded charter schools as options within the public school system, but do not support vouchers allowing families to take tax dollars to help pay for private schools.
Referendums failed
The process by which these programs have become law started in 1978 in Michigan with petitions and referendums, but they largely failed. That 1978 proposal sought a statewide referendum to create vouchers and got on the ballot but was rejected by a 3-to-1 margin. A very similar Michigan petition drive in 2000 failed by a similarly large margin. Referendum efforts in 2000 in California, and one in Utah in 2007, also failed.
As a result, more recent efforts aim to go through the legislature — even if laws that have passed have also been overturned by referendums later.
But in 2022, a new petition drive arose, backed by former U.S. Education Secretary Betsy DeVos, a Michigan native and former state Republican Party chair. Instead of asking voters to approve the idea, however, it used a provision of Michigan law that meant the petition positioned legislators to pass the law themselves.
That process sought to preempt another referendum on school choice, as well as a likely veto from Democratic Gov. Gretchen Whitmer.
When voters flipped control of the Michigan Legislature from Republican to Democratic in November 2022, DeVos’ group withdrew its petition, effectively killing the proposal.
The next time a school choice program is put before lawmakers, it’s worth asking whether the program would pass if it were put before voters. History shows the answer is usually a resounding “no.”
While House Republicans struggle to coalesce behind a slate of cuts to justify their promise to slash spending, they’re happily bashing President Joe Biden’s budget as an inflated, woke-i-fied, extremist manifesto.
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.
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:
“Of all the things Donald Trump could be prosecuted for, of all the things I think he is obviously guilty of and deserves to be held accountable for, it's hard to believe this is the one that's going to do it," says @chrislhayes on NYT reporting about the DA's "likely" charges. pic.twitter.com/D8QvgMqmjo
— All In with Chris Hayes (@allinwithchris) March 10, 2023
A closer look at the strengths and weaknesses of Bragg’s case:
C'mon, is Trump really gonna get charged by the Manhattan DA at last?
Yes he is.
I've been analyzing the evidence for years & it's a strong case, though not without challenges
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.
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.
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.
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.
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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.
So: let’s sort a few things out, shall we?
— Dr Robin George Andrews 🌋☄️ (@SquigglyVolcano) March 9, 2023
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.
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.
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.