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Sunday, August 4, 2024

Gorsuch on Biden Supreme Court reform proposals: ‘Be careful’

 Justice Neil Gorsuch had a plain message when asked about President Biden’s new Supreme Court reform proposal: “Be careful.” 


“You’re not going to be surprised that I’m not going to get into what is now a political issue during a presidential election year. I don’t think that would be helpful,” Gorsuch began when asked about the proposal on “Fox News Sunday.” 

But the conservative justice then indicated he had “one thought to add,” going on to stress the importance of an independent judiciary. 

“And so, I just say, be careful,” Gorsuch told host Shannon Bream. 

Biden announced the three-pronged proposal last week, calling for 18-year term limits for the justices, an enforceable code of ethics and a constitutional amendment to counteract the Supreme Court’s recent presidential immunity decision.  

It marked a major shift for the president, who had long resisted calls from the left for reform. The announcement was met with condemnation from Republicans, who have declared the proposal dead on arrival and cast it as an attempt to tear down the conservative-majority court. 

Gorsuch’s rare interview on Fox came days before Tuesday’s scheduled release of his new book, “Over Ruled: The Human Toll of Too Much Law,” which Gorsuch co-wrote with one of his former clerks. 

In the book, Gorsuch details what he sees as the downsides of overregulation and an explosion of laws.  

“As a judge now for 18 years, I just came to see case after case in which ordinary Americans — just trying to live their lives, not hurt anybody, raise their families — were just getting whacked by laws unexpectedly,” Gorsuch said on Fox. 

Gorsuch is set to go on the road later this week to promote the book, stopping at both the Nixon and Reagan presidential libraries. 
 
“On the one hand, we need laws to keep us free and safe,” he told Bream in the interview.

“On the other hand, if you have too many laws, you impair those same freedoms and our aspirations for equality, too, because who can deal with a world with so much law?” Gorsuch continued. 

https://thehill.com/homenews/sunday-talk-shows/4810141-neil-gorsuch-joe-biden-supreme-court-reform-proposals/

Cal. Sen. Butler has ‘no concern’ on Harris’ policy reversals: ‘She’s a human being”

 Sen. Laphonza Butler (D-Calif.) said she has “no concern” about Vice President Kamala Harris’s reversals on policy issues, saying the Democratic nominee is “a human being.”

In an interview on CNN’s “State of the Union” on Sunday, anchor Dana Bash pressed Butler on how voters should view Harris’s policy reversals in just the last four years – on issues including defunding the police, “Medicare for All” or a ban on fracking, all of which she once supported. She now also supports President Biden’s tougher approach to border policy, a pivot from once supporting decriminalizing border crossings.

“Voters should think that she’s a human being who learns new things every single day and has the ability to take the time and effort to hear the concerns of all people,” Butler, a former Harris aide, said in an interview on CNN’s “State of the Union,” when host Dana Bash asked how voters should view Harris’s policy pivots.

“I think that they should be certain that she is a fighter and a leader who’s going to do the work on their behalf to ensure that there is an economy that ensures that no one is left behind, that… we’re going to continue to address the climate crisis in a way that ensures that there is an Earth here for young people and for next generations of leaders,” she continued. “I think that they should absolutely believe that she is a leader who cares about people, who’s going to put them first, as she has done her entire career.”

Pressed on whether she has concerns about flip-flopping, Butler said, “No, no concern about flip flopping.”

“Our country changes every single day. The conditions of our country changes every single day,” Butler said. “The Vice President has been consistent in her values, and there are lots of different ways to solve the challenges that are in front of us. We’ve got to make sure that we have a candidate who is listening, and a candidate and a leader who, frankly, again, puts the people first.”

Since Harris became the clear frontrunner for the Democratic campaign, which she has now secured, her campaign has sought to distance herself from a series of policy positions she took when she was a candidate in the 2020 presidential primary. Republicans say the policy pivots give them another arrow in their quiver for the three-month sprint to November.

https://thehill.com/elections/4810145-laphonza-butler-no-concern-kamala-harris-policy-reversals/

IRS Makes It Easier For Cash-Strapped Americans To Raid 401k, IRA Accounts

 The rising number of Americans whose checking accounts are running on fumes have a new, but less-than-ideal way of scraping up cash to make ends meet, as the IRS has issued rules to enable potentially penalty-free withdrawals from retirement accounts for flexibly-defined "emergencies."  

The new rules bring to life one of the provisions of the SECURE Act 2.0, a law passed at the end of 2022 that made many tweaks to retirement plans. With this one, retirement account owners can withdraw up to $1,000 for "emergencies," and the IRS isn't tightly defining that word.

Whether you've had a car wreck or simply went overboard ordering from GrubHub, the provision will let you take money out of your account without being subject to the typical 10% penalty for withdrawals before age 59 1/2. You'll still owe ordinary income tax -- while facing a potential opportunity cost in the form of gains you may miss out on by cashing out. 

Under stress from inflation and an economy that's nowhere near as strong as the White House advertises, record numbers of Americans are raiding their retirement savings to make ends meet. In 2023, Vanguard saw an all-time-high 3.6% of its accounts hit for a hardship withdrawal, up sharply from 2.8% in 2022.

Meanwhile, ZeroHedge has been resolutely chronicling the latest indicators of an economy near the breaking point -- here's a sampling of headlines from just the past few weeks: 

Against that grim backdrop, here are some basics of the new $1,000 emergency-withdrawal rule: 

  • It only applies to traditional retirement accounts -- not Roth ones.
  • You can take up to $1,000 provided it doesn't bring your balance under $1,000. For example, a participant with a $1,700 balance can only withdraw $700.
  • You don't have to put the money back. If you want to, you have a three-year deadline. 
  • You can't take another emergency distribution for three years, unless you either pay the money back, or you make new, regular contributions equal to what you took out for the emergency. 

An important caveat: It's up to employer retirement plan providers whether they'll make this new avenue available to participants. As they decide, they'll have to weigh the cost of implementing necessary systems changes and dealing with more transactions against the fact that a provision like this makes employees more comfortable contributing to a retirement plan. Voya Financial, for one, is undertaking a participant survey to gauge interest in the feature, according Wall Street Journal

IRS Notice 2024-55 vaguely describes emergencies as “unforeseeable or immediate financial needs relating to necessary personal or family emergency expenses,” and says that determination is made "by the relevant facts and circumstances for each individual." The IRS provides examples -- such as vehicle repairs, property losses, funeral expenses or medical care -- but then throws in an open-ended reference to "any other necessary emergency personal expenses." So, seems safe to say it's a free-for-all up to $1,000. 

There are other, larger exceptions to the 10% early-withdrawal penalty, but they're more complicated. They include distributions up to $5,000 for birth or adoption, $10,000 for first-time homebuyers, $10,000 for victims of domestic abuse and $22,000 for losses endured in a federally declared disaster area. 

https://www.zerohedge.com/personal-finance/irs-makes-it-easier-cash-strapped-americans-raid-401k-ira-accounts

Saturday, August 3, 2024

Delay to Nvidia's new AI chip could affect Microsoft, Google, Meta

 Design flaws could cause a delay of three months or more in the launch of chip giant Nvidia's upcoming artificial-intelligence chips, tech-focused publication the Information said on Friday.

The setback could affect customers such as Meta Platforms, Alphabet's Google and Microsoft, which have collectively ordered tens of billions of dollars' worth of chips, it said, citing people who help produce chip and server hardware for Nvidia.

The AI chip company unveiled its Blackwell chip series in March, succeeding its earlier flagship AI chip, the Grace Hopper Superchip, that was designed to speed generative AI applications.

"As we've stated before, Hopper demand is very strong, broad Blackwell sampling has started, and production is on track to ramp in the second half," an Nvidia spokesperson said in an emailed statement in response to the report.

Microsoft said it had nothing to add, while Meta and Google did not immediately respond to requests for comment.

Nvidia informed Microsoft and another major cloud service provider this week of a delay in the production of its most advanced AI chip in the Blackwell series, the Information said, citing a Microsoft employee and another person with knowledge of the matter.

https://www.marketscreener.com/quote/stock/ALPHABET-INC-24203373/news/Delay-to-Nvidia-s-new-AI-chip-could-affect-Microsoft-Google-Meta-the-Information-says-47551297/

UK 'Desperation' behind sharp rise in energy theft

 "Desperation" is behind a sharp rise in the number of reports of energy theft or meter tampering, according to a fuel poverty charity.

There has been a nearly 50% increase in reports to Crimestoppers but the charity estimates up to 250,000 cases of energy theft go unreported every year.

"It's not a surprise. It's a terrible reality though," said Adam Scorer, from National Energy Action. "It's quite a hidden issue driven by desperation, driven by shame."

The government will "support households to cut their bills and reduce fuel poverty", a spokesperson said.

Energy theft is when people tamper with a meter, or bypass it completely, so it doesn't properly record how much energy is being used.

It is extremely dangerous as it can lead to gas leaks, and kills or badly injures 280 people every year, according to Stay Energy Safe. It runs an anonymous reporting line operated by Crimestoppers working with Ofgem and energy suppliers.

Mr Scorer, of National Energy Action, said such practices were "much more likely to be going on under the radar", which was more concerning due to the dangers posed.

Crimestoppers said there was a 48% increase when comparing the number of reports of energy theft it received between April 2021 and January 2022 and between April 2023 and January 2024.

It said it received an average of more than 900 reports a month in the last 10 months.

Energy prices rose sharply when demand for gas increased when Covid restrictions were lifted. Then Russia invaded Ukraine which disrupted supply and pushed up demand, and therefore the price of gas from other countries.

Energy bills are now at their lowest for two years but are still about £400 higher than they were three years ago.

Mr Scorer said as energy prices went "through the roof" and the cost-of-living crisis squeezed household budgets, families were pushed into fuel poverty.

National Energy Action defines fuel poverty as spending 10% of your income to be able to afford a reasonable level of warmth.

Before the energy crisis the charity estimated four million households were in fuel poverty. Now it believes that number is around 5.6 million households.

Mum-of-four Sam Holland, 41, said she currently lives on £140 a week while she is not working due to disabilities.

"If I was to get into any debt with energy it would scare me," she told BBC Radio 4's Stealing Power documentary.

"I don't have the heating on at all hardly at home. I walk around with my dressing gown on if it's cold," she said.

She said she goes to the Intact Centre in Preston, part of the Warm Space programme, with her two younger children four times a week.

National Energy Action is concerned about further pressure on households following Chancellor Rachel Reeves's announcement that around 10 million pensioners in England and Wales will stop getting winter fuel payments. The money will no longer go to all pensioners - only those who get pension credit or other means-tested benefits.

"It will leave many pensioners who need support without it. One third of fuel-poor households do not receive benefits. They should not be forgotten," said Matt Copeland, head of policy at National Energy Action.

Gas engineer Ian Spedding, from Burnley, who has 47 years' experience, says he sees meter tampering "two to three times a year".

"But if I'm just one gas engineer out of a thousand in the region then that's a big problem," he said.

Ash Bagnall, who works as a gas inspector for Cadent, said he has to act as a diplomat when inspecting homes where people are suspected of stealing energy.

"Safety is always my number one priority," he said. "We're cold calling the properties so I'll explain who I am.

"If we have rumbled them in the act of potential theft of gas, sometimes we have to go in gingerly.

"We might just say 'we need to read your meter' because if we greet them at the door and say 'we think you're stealing gas', we're not going to get into that property.

"If there was a potential tamper that is causing a gas leak we need to be able to get in there and fix it because that's our main goal - keeping everybody safe."

A spokesperson said the government will "fix our broken energy system by investing in clean power".

The government will launch a £150 Warm Home Discount scheme in October and "we expect it to support three million households", the spokesperson added.

https://www.bbc.com/news/articles/c7202zyn3j0o

Biden prisoner exchange ignites debate on ‘steep price’ to free Americans

 President Biden’s historic deal to free high-profile Americans from Russian prisons has ignited a debate over the high cost and strategic wisdom of such exchanges, with Republicans and even some Democrats warning it will only embolden Russian President Vladimir Putin and like-minded adversaries. 

For decades, presidential administrations and Congress have grappled with how to deter and respond to hostage-taking and politically motivated arrests of Americans. It’s a problem that is grounded in extortion efforts, but each case is unique to the circumstances. 

“It’s very easy for someone who’s not currently in power to say, ‘Oh, that’s a horrible deal. Why did you do that?’ But I think if you go back to the record, hostage takers don’t return hostages for nothing,” said Jason Rezian, the Washington Post columnist who was imprisoned in Iran for 544 days before being released in a multilayer deal, including a prisoner swap, during the Obama administration.

“They don’t take hostages for the fun of it. They do it because they see it as an opportunity.”

Former President Trump, the Republican presidential nominee, boasted he would have made a better deal than Biden with Russian President Vladimir Putin to secure the release of those wrongfully imprisoned. 

Biden’s multilayered deal — which freed 16 people in exchange for eight Russian nationals held in jails in the U.S. and Europe — appeared to hinge on Germany’s decision to release a convicted Russian assassin. Vadim Krasikov was serving a life sentence for the murder of a Georgian-Chechen dissident in 2019. 

“We would have gotten him back, we wouldn’t have had to pay anything, we wouldn’t have had to let some of the great killers of the world go,” Trump said in an interview with Fox, referring to Evan Gershkovich, the Wall Street Journal reporter freed as part of the deal, and others.

Biden, asked by a reporter at the White House to respond to Trump’s assertions, asked: “Why didn’t he do it when he was president?”

Paul Whelan, freed in Biden’s prisoner exchange, was arrested in 2018 during Trump’s term in office. Trump said he rejected a deal to release convicted Russian arms dealer Viktor Bout to secure Whelan’s release. American Trevor Reed was also arrested by Russia during the Trump administration; he was freed under Biden in exchange for a Russian pilot convicted of drug smuggling. Bout was later traded to release WNBA star Brittney Griner from Russian custody in December 2022. 

Despite assertions he traded nothing to secure the release of U.S. citizens jailed or held hostage overseas, Trump’s record of freeing Americans held abroad is filled with deals marked by prisoner exchanges, release of terrorists and diplomatic overtures. 

Trump has said he secured the release of 59 Americans during his first term in office

Those deals included the 2019 release of three senior Taliban leaders from jail in Afghanistan for the release of an American and Australian. In 2020, the Trump administration secured the release of two Americans held by the Iranian-backed Houthis in Yemen, in exchange for the repatriation of about 250 Yemenis to the Houthi-controlled capital of Sanaa. 

Trump also engaged in one-for-one exchanges to free Americans — in 2019 trading an Iranian scientist convicted of violating sanctions for Xiyue Wang, an American academic. 

Wang, following his release from an Iranian prison, criticized Democrats for having a weak foreign policy and said it’s a “fair argument” that Trump could have gotten a better deal

“I was arrested in Iran when Obama was in office, Princeton’s fancy connections with the Obama establishment made no difference for me,” he posted on the social media site X on Thursday.

“Trump’s deal with Iran that released me gave Iran barely a little more than nothing. The U.S. can only make that kind of deal with a strong foreign policy posturing, which the Biden administration doesn’t have.”

Trump allies ran with that attack line in the wake of the return of the four Americans from Russia. 

“Essentially, we’ve traded journalists for murderers and thieves, and it’s like trading a rifle for a spoon,” Rep. Scott Perry (R-Pa.) said on Fox News. 

But Sen. Jim Risch (R-Idaho), the ranking member of the Senate Foreign Relations Committee, took a more muted tone, describing Biden’s deal as a “steep price” and calling to redouble efforts to bring back two Americans who remain imprisoned in Russia.

This includes American Marc Fogel, who was working as a teacher in Russia and was arrested in 2021 for carrying marijuana he said was for medical use. He was convicted of drug trafficking and sentenced to 14 years in prison. Lawmakers have pushed for the State Department to label Fogel “wrongfully detained” — a distinction that was applied to three of the Americans released.

Dual U.S.-Russian citizen Ksenia Karelina, who traveled to Russia to visit family, was detained in February and accused of treason, with Russia’s security services accusing her of collecting funds for the Ukrainian army. Her family said she donated $51.80 to a charity providing humanitarian aid in Ukraine. 

“Efforts to free those two must be redoubled, along with ways to deter future hostage diplomacy,” Risch said in his statement. 

That tone echoed a joint statement by Senate Republican Leader Mitch McConnell (R-Ky) and House Speaker Mike Johnson (R-La.), who called for more efforts to deter rogue governments jailing Americans.

“Trading hardened Russian criminals for innocent Americans does little to discourage [Russian President Vladimir] Putin’s reprehensible behavior,” they said. 

Rezian, who is part of the bipartisan Commission on Hostage Taking and Wrongful Detention at the Center for Strategic and International Studies, said, overall, the tone of criticisms about deals to get Americans home have softened over the years. 

“I think there’s an acceptance and an acknowledgement that when Americans who’ve been illegally held hostage abroad come home, and are reunited with their families, it’s really unseemly to question whether that was the right thing to do or not,” he said. 

“Eight and a half years ago, when I came home, that was not the case.”

Congress has sought to address hostage-taking by state actors. In 2020, Congress passed the Robert Levinson Act Hostage Recovery and Hostage-Taking Accountability Act to provide the State Department more resources to advocate on behalf of Americans taken abroad and impose sanctions on hostage-takers. 

In 2022, Biden signed an executive order to facilitate more cooperation and communication between the State Department and National Security Council to work on recovering Americans detained abroad. The order also focused on increasing warnings for Americans on dangerous places around the world where there is a high-risk of politically-motivated arrests, kidnappings and hostage-taking. 

But there’s little in these efforts that put in place actual deterrence to discourage hostage-taking in the first place. 

“Until there’s a higher cost and a realistic cost to doing this, governments are going to keep doing that. And that’s really at the core of what the commission is looking at,” Rezian said of the Commission on Hostage Taking and Wrongful Detention.

The commission co-chairs are Trump’s former national security adviser and former lead for hostage negotiations, Robert O’Brien, and Sen. Jeanne Shaheen (D-N.H.).

What is a thoughtful, robust policy that responds to the hostage crisis at the moment? Because there certainly is one. What does that look like? What should it look like? That’s what we’re trying to come up with,” Rezian said. 

When asked on Thursday what more can be done to keep countries from detaining Americans, Biden put the onus on U.S. citizens. 

“By advising people not to go certain places, telling them what’s at risk and what’s at stake,” he said.

https://thehill.com/policy/international/4808649-biden-russia-prisoner-exchange-cost/

Court reverses its ruling on proof of citizenship for Arizona voter registration

 The 9th Circuit Court of Appeals reversed itself Thursday, allowing Arizonans again to register to vote in federal races without having to prove citizenship.

It's another dizzying swerve in the legal battle over a 2022 law that aims ultimately to reverse a portion of the National Voter Registration Act and require all Arizona voters to show proof of citizenship to register to vote.

The order reopens a path for potential voters who just two weeks ago were barred from using the state voter registration form to sign up to vote unless they could produce proof of U.S. citizenship. It comes with two months left before the Oct. 7 registration deadline for the high-stakes presidential election.

The order means people can again use the state-issued voter registration form even if they don't produce proof of citizenship. Instead, they attest under penalty of perjury that they are citizens, and are limited to voting in federal races only.

In the first 10 days after the July 18 ruling that required the documentary proof, the Maricopa County Recorder's Office said it had rejected 200 voter applications.

On Thursday, the Arizona Secretary of State's Office clarified the impact of the ruling.

"Election officials may not reject voter registration applications submitted without DPOC, regardless of which form is used," communications director Aaron Thacker said. DPOC is shorthand for documentary proof of citizenship.

Senate President Warren Petersen vowed to seek an emergency stay from the U.S. Supreme Court "to make sure only American citizens are voting in our elections."

Petersen, along with House Speaker Ben Toma, have defended the proof of citizenship law since it passed in 2022 and was almost immediately challenged. The two Republican legislative leaders are joined in the case by the Republican National Committee.

Two weeks ago, Petersen and Toma were celebrating the ruling that blocked registrations without citizenship proof. But late Thursday, Petersen said the reversal is "another example of why the radical 9th Circuit is the most overturned circuit in the country."

He acknowledged his praise of two weeks ago. "When someone gets it right, they deserve praise. A broken clock is right two times a day."

Attorneys for the civil rights groups that have fought the law did not respond to requests for comment Thursday evening.

In its Thursday order, approved on a 2-1 vote, the court reversed last month's decision by a "motions panel " that blocked certain voter registrations. That panel "misunderstood the extent of confusion and chaos that would be engendered by a late-stage alteration to the status quo of Arizona's election rules," Judges Kim McLane Wardlaw and Ronald Gould wrote.

But Judge Patrick Bumatay dissented, arguing the earlier panel got it right. The state legislature cannot be bound by an agreement reached between a former secretary of state and the federal government without running into "serious separation of powers concerns," he wrote.

That agreement is what led to the creation of a two-track registration system, where voters who provide proof of citizenship can vote in all elections, from local to federal, while those without proof are labeled "federal only" and only can cast votes in presidential and congressional contests.

https://www.azcentral.com/story/news/politics/elections/2024/08/02/arizona-voter-registration-rules-reversed-in-latest-court-ruling/74642388007/