01/28/21

Biden is staffing a Supreme Court Committee led by Bob Bauer

By: Denise Simon | Founders Code

Supreme Court ends Trump emoluments lawsuits

You may remember Bob Bauer when he was a trusted Obama White House lawyer… and, oh yeah, he is married to Anita Dunn, famous for including in a speech that 2 of her most favorite people were Mother Teresa and Mao Zedong. Yeah, great couple right?

Mr. and Mrs. Triple Evils, Obama, Perkins Coie Law Firm And Fusion GPS ...

It should also be noted that Anita Dunn was a top Biden campaign advisor.

Yeesh… meanwhile…

Bauer is Professor of Practice and Distinguished Scholar in Residence at NYU Law, and Co-Director of NYU’s Legislative and Regulatory Process Clinic. He served as White House Counsel to President Obama and returned to private practice in June 2011. In 2013, the president named Bauer to be Co-Chair of the Presidential Commission on Election Administration, which in January of 2014 submitted to the president its findings and recommendations in “The American Voting Experience: Report and Recommendations of the Presidential Commission on Election Administration.”

Bauer was General Counsel to Obama for America, the president’s campaign organization, in 2008 and 2012. Bob has also served as co-counsel to the New Hampshire State Senate in the trial of Chief Justice David A. Brock (2000) and counsel to the Democratic Leader in the trial of President William Jefferson Clinton (1999).

He is the author of books on campaign finance law and articles on various topics for law reviews and periodicals. He is a contributing editor of Lawfare and writes legal commentary for Just Security, and has published opinion pieces in The New York TimesThe Washington PostThe Atlantic, and other publications.

In part: Among those who will be on the commission are Cristina Rodríguez, a professor at Yale Law School and a former deputy assistant attorney general in the Obama Department of Justice, who will join Bauer as co-chair. Caroline Fredrickson, the former president of the American Constitution Society, and Jack Goldsmith, a Harvard Law School professor, and a former assistant attorney general in the Bush Department of Justice, will also serve on the commission, those familiar with discussions said.

Fredrickson has hinted that she is intellectually supportive of ideas like court expansion. In 2019, she said in an interview with Eric Lesh, the executive director of the LGBT Bar Association and Foundation of Greater New York: “I often point out to people who aren’t lawyers that the Supreme Court is not defined as ‘nine-person body’ in the Constitution, and it has changed size many times.”

Rodríguez’s opinions on court reforms are less clear. Goldsmith’s selection, meanwhile, is likely to be the one to frustrate progressives. A senior fellow at the Hoover Institution, Goldsmith did not support Trump and is a friend and co-author of Bauer. But he was a vocal advocate of Brett Kavanaugh’s appointment to the high court — an appointment that sparked Democratic advocacy for expanding the number of Supreme Court seats.

“He will also be an influential figure within the Supreme Court building,” Goldsmith wrote in 2018 about Kavanaugh in a Time article titled, “Brett Kavanaugh Will Right the Course of the Supreme Court.” “He is a brilliant analyst with a deep scholarly and practical knowledge of the law. His legal opinions are unusually accessible. He is a magnanimous soul.”

Bauer, who is not planning to go into the administration full-time, is himself a proponent of term limits for federal judges. He has been helping with the creation of the commission and, according to a person familiar with the deliberations, initially proposed the idea of forming a commission to study the issue of court reform.

01/28/21

OAG Report: Gov. Cuomo Created the COVID Death Panel

By: Denise Simon | Founders Code

During Novel Coronavirus Briefing, Governor Cuomo ...

Remember Andrew Cuomo was thought to be a good candidate for president of the United States?

Remember he wrote a book about his stellar job in dealing with the pandemic in New York?

Remember he received an award for his daily virus briefings?

Remember when he blamed President Trump?

Remember when the Mercy ship, the Javits Center, and the Samaritan’s Purse built field hospitals and offered doctors and beds for several thousand patients?

Remember when he issued an executive order providing qualified immunity to all front line personnel and himself for wrongful death, malpractice, and criminal malfeasance?

Opposition to Samaritan's Purse Central Park field ...

All true… but enter the New York Inspector General report, freshly released.

Frankly, this is the scandal of the decade… read on.

ALBANY, N.Y. (AP) — New York may have undercounted COVID-19 deaths of nursing home residents by as much as 50%, the state’s attorney general said in a report released Thursday.

Attorney General Letitia James has, for months, been examining discrepancies between the number of deaths being reported by the state’s Department of Health, and the number of deaths reported by the homes themselves.

Her investigators looked at a sample of 62 of the state’s roughly 600 nursing homes. They reported 1,914 deaths of residents from COVID-19, while the state Department of Health logged only 1,229 deaths at those same facilities.

If that same pattern exists statewide, James’ report said, it would mean the state is underreporting deaths by nearly 56%.

An Associated Press analysis published in August concluded that the state could be understating deaths by as much as 65%, based on discrepancies between its totals and numbers being reported to federal regulators. That analysis was, like James’ report, based on only a slice of data, rather than a comprehensive look at all homes in the state. Full article here.

In part, here is the report summary:

Overview of Findings

The report includes preliminary findings based on data obtained in investigations conducted to date, recommendations that are based on those findings, related findings in pre-pandemic investigations of nursing homes, and other available data and analysis. Based on this information and subsequent investigation, OAG is currently conducting investigations into more than 20 nursing homes across the state. OAG found that:

  • A larger number of nursing home residents died from COVID-19 than DOH data reflected;
  • Lack of compliance with infection control protocols put residents at increased risk of harm;
  • Nursing homes that entered the pandemic with low U.S. Centers for Medicaid and Medicare Services (CMS) Staffing ratings had higher COVID-19 fatality rates;
  • Insufficient personal protective equipment (PPE) for nursing home staff put residents at increased risk of harm;
  • Insufficient COVID-19 testing for residents and staff in the early stages of the pandemic put residents at increased risk of harm;
  • The current state reimbursement model for nursing homes gives a financial incentive to owners of for-profit nursing homes to transfer funds to related parties (ultimately increasing their own profit) instead of investing in higher levels of staffing and PPE;
  • Lack of nursing home compliance with the executive order requiring communication with family members caused avoidable pain and distress; and
  • Government guidance requiring the admission of COVID-19 patients into nursing homes may have put residents at increased risk of harm in some facilities and may have obscured the data available to assess that risk.

Undercounting of COVID-19 Deaths in Nursing Homes

Preliminary data obtained by OAG suggests that many nursing home residents died from COVID-19 in hospitals after being transferred from their nursing homes, which is not reflected in DOH’s published total nursing home death data. Preliminary data also reflects apparent underreporting to DOH by some nursing homes of resident deaths occurring in nursing homes. In fact, the OAG found that nursing home resident deaths appear to be undercounted by DOH by approximately 50 percent.

OAG asked 62 nursing homes (10 percent of the total facilities in New York) for information about on-site and in-hospital deaths from COVID-19. Using the data from these 62 nursing homes, OAG compared: (1) in-facility deaths reported to OAG compared to in-facility deaths publicized by DOH, and (2) total deaths reported to OAG compared to total deaths publicized by DOH.

In one example, a facility reported five confirmed and six presumed COVID-19 deaths at the facility as of August 3 to DOH. However, the facility reported to OAG a total of 27 COVID-19 deaths at the facility and 13 hospital deaths — a discrepancy of 29 deaths.

Lack of Compliance with Infection Control Policies

OAG received numerous complaints that some nursing homes failed to implement proper infection controls to prevent or mitigate the transmission of COVID-19 to vulnerable residents. Among those reports were allegations that several nursing homes around the state failed to plan and take proper infection control measures, including:

  • Failing to properly isolate residents who tested positive for COVID-19;
  • Failing to adequately screen or test employees for COVID-19;
  • Demanding that sick employees continue to work and care for residents or face retaliation or termination;
  • Failing to train employees in infection control protocols; and
  • Failing to obtain, fit, and train caregivers with PPE.

For instance, OAG received a complaint that at a for-profit nursing home located north of New York City, residents who tested positive for COVID-19 were intermingled with the general population for several months because the facility had not yet created a “COVID-19 only” unit. At another for-profit facility on Long Island, COVID-19 patients who were transferred to the facility after a hospital stay and were supposed to be placed in a separate COVID-19 unit in the nursing home were, in fact, scattered throughout the facility despite available beds in the COVID-19 unit. This situation was allegedly resolved only after someone at the facility learned of an impending DOH infection control visit scheduled for the next day, before which those residents were hurriedly transferred to the appropriate designated unit.

OAG received reports that nursing homes did not properly screen staff members before allowing them to enter the facility to work with residents. Among those reports, OAG received an allegation that a for-profit nursing home north of New York City failed to consistently conduct COVID-19 employee screening. It was reported that some staff avoided having their temperatures taken and answering a COVID-19 questionnaire at times when the screening station at the facility’s front entrance had no employees present to take that information or when staff entered the facility through a back entrance, avoiding the screening station altogether.

At yet another facility in Western New York, a nurse reported to OAG that immediately prior to the facility’s first DOH inspection in late April, a nurse supervisor had set up bins in front of the units with gowns and N95 masks to make it appear that the facility had an adequate supply of appropriate PPE for staff. The nurse alleged that the nurse supervisor came into work unusually early the day of the first inspection and brought out all new PPE and collected all of the used gowns. Although the initial DOH survey conducted that day did not result in negative findings, DOH returned to the facility for follow-up inspections, issued the facility several citations, and ultimately placed the facility in “Immediate Jeopardy.”

01/28/21

Meet Julie Su, Biden’s Choice for the Labor Dept and the $11 Billion Scandal

By: Denise Simon | Founders Code

The scandal is only valued at $11.4 billion and counting. Would anything over say $500,000 come to the attention of the Governor of California or for that matter anyone else responsible to protest taxpayer dollars and law? Anyone? Not so much in California.

Julie Su: We Are the Humanities - YouTube

Lil miss Julie Su is Biden’s pick to be the Deputy Secretary of Labor.

In part from the LA Times:

“There is no sugarcoating the reality,” Su said during a press conference Monday. “California has not had sufficient security measures in place to prevent this level of fraud, and criminals took advantage of the situation.”

California has paid out $114 billion in unemployment benefits since March 2020, when the state stay-at-home orders caused many businesses to close or reduce operations, putting millions out of work. Some 19 million claims have been processed by the agency.

In addition to the 10% of benefits confirmed to involve fraud, the state is investigating another 17% of benefits involving suspicious claims that have not yet been proven to be fraudulent — about $19 billion worth.

Officials said a large number of those claims could end up being fraudulent as well.

Su said part of the blame goes to the Trump administration, which she said failed to provide adequate guidance and resources to California to counter fraudulent claims, almost all of which were filed through a new federal program that provides unemployment benefits to gig workers, independent contractors and the self-employed.

The press conference was held on the eve of the release of a state audit that is expected to be critical of California’s delays in providing unemployment benefits.

“It should be no surprise that EDD was overwhelmed, just like the rest of the nation’s unemployment agencies,” Su told reporters during a conference call. “And we now know that as millions of Californians applied for help, international and national criminal rings were at work behind the scenes working relentlessly to steal unemployment benefits using sophisticated methods of identity theft.”

While other states have also been hit with fraud, California’s population and outdated system mean it has been hit particularly hard.

The claims still being investigated include those that were part of a New Year’s Eve announcement by EDD that it was freezing 1.4 million claims pending the verification of identities.

About 1.2 million of those claims were still suspended as of last week, when the EDD said the other claimants “are either being sent a questionnaire to complete to help EDD determine if they meet eligibility requirements for continued benefits, or are receiving a Determination Notice letting them know about a disqualification and their appeal rights.”

The agency hired a contractor, ID.me, to verify the identity of claimants online, and about 30% of claims filed between Oct. 1 and Jan. 11 were blocked for fraud. The firm said it identified some 463,724 fraudulent claims during the period, which would represent more than $9 billion if the EDD had paid $20,000 on each claim.

EDD officials are also warning about new fraud schemes.

“EDD has reports that individuals are impersonating EDD and ID.me to get individuals to divulge their personal identifying information,” the agency said in a statement last week. “Californians should be aware that EDD does not send representatives to homes and neither EDD nor ID.me will contact individuals via social media and other websites.”

Su and other state officials also said Monday that they are wrestling with a backlog of claims that have not been approved 21 days after they were filed.

In announcing a strike team to evaluate the agency in July, Newsom directed action to eliminate the backlog of some 1 million claims delayed longer than 21 days, many of which required additional information from claimants by the end of September.

EDD spokeswoman Loree Levy said Monday that 99.9% of the claims in that original backlog have been resolved, and the rest will be done by the end of this month.

“Of the remaining claims, most are either pending EDD’s assessment of a potential overpayment, which doesn’t prevent payment, or EDD is waiting on a certification from the claimant required for payment,” Levy said.

Still, hundreds of thousands of new claims have flooded in since September, and the backlog of claims was at 916,000 last week, according to the most recent report by the agency.

The state’s work in the future may be complicated by the loss of top officials involved in the process. Su, whose office oversees the EDD, is being tapped by President Biden to become the number two administrator at the U.S. Department of Labor, according to a report by Bloomberg Law.

Her resume includes:

Julie Su, appointed by Governor Gavin Newsom, is the Secretary for the California Labor and Workforce Development Agency (LWDA). The LWDA enforces workplace laws, combats wage theft, ensures health and safety on the job, connects Californians to quality jobs and career pathways, and administers unemployment insurance, workers compensation, and paid family leave. LWDA oversees seven major departments, boards, and panels that serve California workers and businesses by improving access to training, promoting high road jobs, eliminating barriers to employment, and creating a level playing field for employers.

Su is a nationally recognized expert on workers’ rights and civil rights who has dedicated her distinguished legal career to advancing justice on behalf of poor and disenfranchised communities and is a past recipient of a MacArthur Foundation “genius” grant.

As California Labor Commissioner from 2011 through 2018, Su enforced the State’s labor laws to ensure a fair and just workplace for both employees and employers. A report on her tenure released in May 2013 found that her leadership has resulted in a renaissance in enforcement activity and record-setting results. In 2014, she launched the first “Wage Theft Is a Crime” multimedia, multilingual statewide campaign to reach out to low-wage workers and their employers to help them understand their rights and feel safe speaking up about labor law abuses.

Prior to her appointment as California Labor Commissioner, Su was the Litigation Director at Asian Americans Advancing Justice-Los Angeles, the nation’s largest non-profit civil rights organization devoted to issues affecting the Asian American community. Su is known for pioneering a multi-strategy approach that combines successful impact litigation with multiracial organizing, community education, policy reform, coalition building, and media work.

Frequently named to top-lawyer lists such as the Daily Journal’s “Top 75 Women Litigators” in California and California Lawyer’s “Super Lawyers,” she was the first Labor Commissioner to be included among the Daily Journal’s “Top 75 Labor and Employment Lawyers.” She has also been named one of the 50 most noteworthy women alumni of Harvard Law School and one of the 100 most influential people in Los Angeles in Los Angeles Magazine.

Su has taught at UCLA Law School and Northeastern Law School. She is a graduate of Stanford University and Harvard Law School and began her career with a Skadden Fellowship. Su speaks Mandarin and Spanish.

01/28/21

Suspension of the 1st Amendment

By: Denise Simon | Founders Code

‘Petition the government for a redress of grievances’…remember that part of the First Amendment? 45 words of freedom… no more.

Diogenes' Middle Finger: NYT Graciously Admits the 1st ...

So, from the Department of Homeland Security under the Biden administration… Notice it expires in 3 months… hummm

Summary

The Acting Secretary of Homeland Security has issued a National Terrorism Advisory System (NTAS) Bulletin due to a heightened threat environment across the United States, which DHS believes will persist in the weeks following the successful Presidential Inauguration.  Information suggests that some ideologically-motivated violent extremists with objections to the exercise of governmental authority and the presidential transition, as well as other perceived grievances fueled by false narratives, could continue to mobilize to incite or commit violence.

Duration

Issued:  January 27, 2021 11:00 am
Expires:  April 30, 2021 01:00 pm

Details

  • Throughout 2020, Domestic Violent Extremists (DVEs) targeted individuals with opposing views engaged in First Amendment-protected, non-violent protest activity.  DVEs motivated by a range of issues, including anger over COVID-19 restrictions, the 2020 election results, and police use of force have plotted and on occasion carried out attacks against government facilities.
  • Long-standing racial and ethnic tension—including opposition to immigration—has driven DVE attacks, including a 2019 shooting in El Paso, Texas that killed 23 people.
  • DHS is concerned these same drivers to violence will remain through early 2021 and some DVEs may be emboldened by the January 6, 2021 breach of the U.S. Capitol Building in Washington, D.C. to target elected officials and government facilities.
  • DHS remains concerned that Homegrown Violent Extremists (HVEs) inspired by foreign terrorist groups, who committed three attacks targeting government officials in 2020, remain a threat.
  • Threats of violence against critical infrastructure, including the electric, telecommunications and healthcare sectors, increased in 2020 with violent extremists citing misinformation and conspiracy theories about COVID-19 for their actions.
  • DHS, as well as other Federal agencies and law enforcement partners will continue to take precautions to protect people and infrastructure across the United States.
  • DHS remains committed to preventing violence and threats meant to intimidate or coerce specific populations on the basis of their religion, race, ethnicity, identity or political views.
  • DHS encourages state, local, tribal, and territorial homeland security partners to continue prioritizing physical security measures, particularly around government facilities, to protect people and critical infrastructure.

The Biden inaugural address included much of this language and Congresswoman Alexandria Ocasio Cortez may be nuts but she is telling us what is really going on… this is a full blown assault on white, conservative citizens across the country… 70,80, 90, 100 million people perhaps?

Do you really know the reason the National Guard is still in Washington, DC? It is not so much about securing the Capitol or guarding against further protests, it is a message to the nation that you are simply no longer trusted in any form.

Further, this site wrote about pending legislation in Congress that should terrify you beyond words. As a reminder:

There have been countless hearings on The Hill in various committees where Democrats assert the deadly threats of white nationalism and systemic racism. At no time is there tangible evidence except talking points concocted by progressive think tanks and isolated cases investigated by the FBI.

There is also the ever-constant issue getting very little attention and that is ‘critical race theory’. Emerging from Harvard University in the 1980s, critical race theory came from Derrick Bell, a tenured African-American professor.

In part from The Federalist:

As such, federal employees and those who work for corporations that do business with the federal government sucked into the poisonous vortex of critical race theory can thank President Trump for ordering a stop to the promulgation of critical race theory. Thanks should also be sent to scholar Christopher Rufo, whose diligence brought the critical race theory venom to the forefront of Trump’s attention, and Russ Vought, director of the Office of Management and Budget, who is working to root out members of the administrative state who defy that order.

It’s important to remember that because very few of its activists have shown much sincere desire to end racism, critical race theory should not be taken entirely at face value. If a majority of its supporters were sincere, they would be willing to have fruitful discussions in a civil society that supports civil discourse. Rather, critical race theory’s agitators are committed to tearing down civil society on the pretense that it is an incubator for “systemic racism.”

If you’ve any doubt about that, consider the Smithsonian display on “whiteness” that condemned all elements of civil society, including politeness, hard work, self-reliance, logic, planning, and family cohesion. None of those are “white” values, but critical race theory frames them just so. This sort of animus proves that critical race theory “arguments” are non-starters and merely serve as convenient pretexts for power grabs.

Doused with critical race theory, the Black Lives Matter organization and its related Antifa-infused mobs are organized for the same purposes as all cult recruits: to recruit more people and to implement the desire to divide and conquer. The phenomenon can be seen as they surround people in vehicles or restaurants, demanding their victims raise a fist and recite slogans under the intense intimidation and implications of violence.

Where do you go to redress grievances? Nowhere… just behave accordingly to the Democrats.