Major EPA reorganization will end science research program

A federal environmental program that distributes grants to test the effects of chemical exposure on adults and children is being shuttered amidst a major organization consolidation at the Environmental Protection Agency (EPA).

The National Center for Environmental Research (NCER) will no longer exist following plans to combine three EPA offices, the agency confirmed to The Hill Monday.

The program provides millions of dollars in grants each year.

Perhaps best known for its handling of fellowships that study the effects of chemicals on children’s health, NCER will be dissolved and science staff serving there will be reassigned elsewhere within the department, EPA said.

The merger will involve EPA’s Office of Administrative and Research Support, Office of Program Accountability and Resource Management, and the grants and contracts managed by NCER to create a new Office of Resource Management.

Other EPA functions consolidated into the new office include the handling of Freedom of Information Act (FOIA) requests, records management and budget formulation functions.

An EPA spokesperson said the extensive organizational changes are meant to create more efficiency within the agency.

“EPA’s Office of Research and Development is one of the world’s leading environmental and human health research organizations. In order to maintain the quality and focus of our research, senior leaders from the research and development office are proactively taking steps to create management efficiencies within the organization,” the spokesperson said. “These changes will help EPA’s Office of Research and Development be more responsive to agency priorities and funding realities.”

Both of the White House’s fiscal 2018 and 2019 budgets proposed zeroing out major programs under NCER, but the cuts were not taken up in the most recent congressional budget.

An EPA spokesperson said that under the planned overhaul, employees currently working at NCER will not be fired, but may have their positions altered.

“At the appropriate time, the science staff currently in NCER will be redeployed to the ORD labs/centers/offices matching their expertise to organizational needs. This reorganization could result in a change of positions or functions. Staff in the affected organizations will retain the grade and career ladder of their position of record,” the spokesperson said.

NCER is largely known for the funding it provides through its premiere program, Science To Achieve Results (STAR). Under the STAR program, grants are given to the Children’s Environmental Health and Disease Prevention Research Centers, which were established in 1988 to discover methods to reduce children’s health risks from environmental factors.

“Those programs have been so successful in advancing our scientific understanding and our ability to address the ways that environmental chemicals can impact children’s health,” said Tracey Woodruff, a former senior scientist and policy advisor at the EPA under the Clinton and Bush administrations. “The children centers were really the first and only centers to undercover the relationship with prenatal exposure to flame retardants and IQ deficiencies in children.”

A report released by the National Academy of Sciences last year that was compiled at EPA’s request, championed the STAR program for its “numerous successes.”

“STAR has had numerous successes, such as in research on human health implications of air pollution, on environmental effects on children’s health and well-being, on interactions between climate change and air quality, and on the human health implications of nanoparticles. Those are just a few examples; many more could be cited,” the report read.

Woodruff called the decision to merge NCER with the other offices, which currently do not focus on handling grants, extremely concerning.

“They make it sound like this is a way to create efficiency, but it masks what’s happening to this actually programmatic, scientific function of NCER and the STAR program. That makes you think, ‘Is this really just an efficiency argument masking their real intention to get rid of the research grant program, which they have said they want to do in the past?’ she said. “Answering FOIAs and administering scientific grants are not the same thing.”

EPA has recently acknowledged a slow-down in the rate of FOIA requests answered, citing a backlog in previous requests made under the Obama administration and an uptick in FOIA requests sent since President Trump took office.

The EPA official did not acknowledge how the agency rearrangement may address those issues.

[The Hill]

Trump Rails About Russia, Investigating Clinton’s ‘Criminality’ After Watching Old Fox News Segments

President Donald Trump’s TiVo was working overtime on Tuesday morning, as it seemed he was catching up on old episodes of Fox News — notably last night’s episode of Martha McCallum’s Fox News show.

The president first took to Twitter to quote Fox News judicial analyst Andrew Napolitano, who said on McCallum’s show Monday night that “someone at the Justice Department has a treasure trove of evidence of Mrs. Clinton’s criminality at her own hands, or through others, that ought to be investigated”:

“I fully agree with the president on that,” Napolitano added.

The former judge was reacting to Trump’s remarks in an interview with Jeanine Pirro from the weekend, in which he called on “you know who” — ostensibly Attorney General Jeff Sessions — to investigate Democrats for alleged misdeeds during the 2016 election.

[Mediaite]

Reality

This is a perfect example of the right-wing feedback loop:

  1. Donald Trump on Fox News says without evidence that Hillary Clinton committed crimes and the Department of Justice should investigate her.
  2. Judge Napolitano appearing on Martha McCallum’s Fox News show reacts to Trump’s claim and agrees with him.
  3. Trump quotes Napolitano as evidence of Clinton wrongdoing.

Trump Org. donates foreign profits but won’t say how much

The Trump Organization said Monday it has made good on the president’s promise to donate profits from foreign government spending at its hotels to the U.S. Treasury, but neither the company nor the government disclosed the amount or how it was calculated.

Watchdog groups seized on the lack of detail as another example of the secrecy surrounding President Donald Trump’s pledges to separate his administration from his business empire.

“There is no independent oversight or accountability. We’re being asked to take their word for it,” said Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington. “Most importantly, even if they had given every dime they made from foreign governments to the Treasury, the taking of those payments would still be a problem under the Constitution.”

Trump Organization Executive Vice President and Chief Compliance Counsel George Sorial said in a statement to The Associated Press that the donation was made on Feb. 22 and includes profits from Jan. 20 through Dec. 31, 2017. The company declined to provide a sum or breakdown of the amounts by country.

Sorial said the profits were calculated using “our policy and the Uniform System of Accounts for the Lodging Industry” but did not elaborate. The U.S. Treasury confirmed receipt of the check, but did provide any details, including the amount.

Watchdog group Public Citizen questioned the spirit of the pledge in a letter to the Trump Organization earlier this month since the methodology used for donations would seemingly not require any donation from unprofitable properties receiving foreign government revenue.

Robert Weissman, president of Public Citizen, said that the lack of disclosure was unsurprising given that the Trump’s family businesses have “a penchant for secrecy and a readiness to violate their promises.”

“Did they pay with Monopoly money? If the Trump Organization won’t say how much they paid, let alone how they calculated it at each property, why in the world should we believe they actually have delivered on their promise?” Weissman said.

Ethics experts had already found problems with the pledge Trump made at a news conference held days before his inauguration because it didn’t include all his properties, such as his resorts, and left it up to Trump to define “profit.” The pledge was supposedly made to ameliorate the worry that Trump was violating the Constitution’s emoluments clause, which bans the president’s acceptance of foreign gifts and money without Congress’ permission.

Several lawsuits have challenged Trump’s ties to his business ventures and his refusal to divest from them. The suits allege that foreign governments’ use of Trump’s hotels and other properties violates the emoluments clause.

Trump’s attorneys have challenged the premise that a hotel room is an “emolument” but announced the pledge to “do more than what the Constitution requires” by donating foreign profits at the news conference. Later, questions emerged about exactly what this would entail.

An eight-page pamphlet provided by the Trump Organization to the House Oversight Committee in May said that the company planned to send the Treasury only profits obviously tied to foreign governments, and not ask guests questions about the source of their money because that would “impede upon personal privacy and diminish the guest experience of our brand.”

“It’s bad that Trump won’t divest himself and establish a truly blind trust, and it’s worse that he won’t be transparent,” said Rep. Elijah Cummings, D-Maryland, ranking member on the House Oversight Committee. He called the Republicans refusal to do oversight, such as subpoena documents, that would shed light on Trump’s conflicts of interest “unconscionable.”

[ABC News]

President says he would’ve entered Florida high school without a gun

President Donald Trump on Monday was meeting with most of the nation’s governors as he discussed gun control, world trade and North Korea.

Trump criticized the Florida deputies who didn’t confront the shooter at the massacre that left at least 17 dead, saying they “weren’t exactly Medal of Honor winners,” according to the Associated Press.

“I really believe I’d run in there even if I didn’t have a weapon,” added Trump, who avoided serving in the Vietnam War by saying he had bone spurs.

At the meeting, Trump suggested he might have to break with the National Rifle Association, which has opposed the president’s call for a minimum age on rifle purchases. “If the NRA is not with you, you have fight them once in a while,” he said. He did disclose he had lunch with NRA CEO Wayne LaPierre.

He blamed the governors in the room for closing mental-health institutions. “In the old days” it was easier to commit people who acted “like a boiler ready to explode,” Trump said.

[MarketWatch]

Senior Trump adviser Stephen Miller appears to fall asleep during White House meet on school safety

Stephen Miller apparently finds school safety exhausting.

Photographers caught the senior White House adviser rubbing his eyes, yawning and nodding off during an hour-long Monday meeting called in response to the Florida high school shooting that left 17 people dead.

Miller, who has become one of President Trump’s most trusted advisers, appeared to be fully asleep in one of the photos.

The White House did not respond to a request for comment from the Daily News.

The 32-year-old adviser’s hard-right stance on immigration has landed him in trouble with both Democrats and Republicans, many of whom blame him for blocking bipartisan policy proposals.

Trump hosted the White House meet with 35 governors from across the country to discuss how the nation’s schools can become safer and less susceptible to gun violence.

Echoing talking points from the National Rifle Association, Trump has proposed arming teachers as a way to deter school shooters. Trump’s proposal has drawn condemnation from politicians on both sides of the aisle, who say more weapons in schools will exacerbate the problem.

During Monday’s sit-down, Trump lambasted a sheriff’s deputy who didn’t enter the Marjory Stoneman Douglas High School as 19-year-old gunman Nikolas Cruz walked through the corridors, methodically killing his former classmates and teachers with an AR-15 assault rifle. Contrary to the deputy, Trump said he would have rushed into the school even if he was unarmed.

“You don’t know until you test it, but I really believe I’d run in there even if I didn’t have a weapon,” Trump said. “And I think most of the people in this room would have done that, too.”

[New York Daily News]

Trump’s Plan to Solve the Opioid Crisis Might Involve Executing Drug Dealers

While signing a bill that aims to combat the opioid crisis last month, President Trump hinted that he’d come up with the solution to the complex problem, but couldn’t talk about it.

“There is an answer. I think I actually know the answer, but I’m not sure the country is ready for it yet,” Trump said. “Does anybody know what I mean? I think so.”

No one knew what he meant. “Yeah, I wondered about that,” said Republican Senator Shelley Moore Capito, who was at the signing. “I didn’t follow up and ask.”

Many dismissed the comment as more of Trump’s regular, incoherent ramblings. However, now it seems the president may actually have a secret plan to fight the opioid epidemic, beyond hiring a 24-year-old ingenue as his deputy drug czar and an ad campaign that was supposed to launch during the Super Bowl but didn’t come together in time. Axios’s Jonathan Swan reports that he’s been telling friends for months that drug dealers should face the death penalty, citing policies in Singapore and the Philippines.

“He says that a lot,” said a source. “He says, ‘When I ask the prime minister of Singapore do they have a drug problem [the prime minister replies,] ‘No. Death penalty’.”

Trump is reportedly convinced that the key to ending America’s drug problems is making dealers fear for their lives and kids fear that even trying drugs will kill them — but he’s also acknowledged that the U.S. probably won’t pass a law mandating that all drug dealers be executed.

Kellyanne Conway, who is leading the administration’s anti-drug efforts, told Swan that Trump’s plan is more nuanced. “The president makes a distinction between those that are languishing in prison for low-level drug offenses and the kingpins hauling thousands of lethal doses of fentanyl into communities, that are responsible for many casualties in a single weekend,” she said.

In lieu of mass executions, the White House may push to toughen drug-sentencing laws. Per Axios:

Trump may back legislation requiring a five-year mandatory minimum sentence for traffickers who deal as little as two grams of fentanyl. Currently, you have to deal forty grams to trigger the mandatory five-year sentence. (The DEA estimates that as little as two milligrams is enough to kill people.)

Singapore has some of the strictest drug laws in the world. Police can perform random drug tests and those who test positive can face years-long sentences. Those caught with more than a few grams of certain drugs are presumed to be trafficking, and in higher quantities offenders are sentenced to death. In the Philippines, President Rodrigo Duterte instituted a brutal crackdown on both drug dealers and drug users in 2016. While the government claims that fewer than 4,000 suspects have been killed, Human Rights Watch puts the number at more than 12,000.

Trump has made it clear that unlike his predecessor, he has a cosy relationship with Duterte. He invited him to visit the White House, ignored questions about human-rights abuses during their first meeting in the Philippines, and congratulated him for doing an “unbelievable job on the drug problem” during a phone call. It was assumed that this was all part of Trump’s general admiration for authoritarian leaders, but perhaps he’s been taking more specific policy inspiration.

[New York Magazine]

Reality

The Eighth Amendment to the United States Constitution states that “cruel and unusual punishments [shall not be] inflicted.” The general principles the United States Supreme Court relied on to decide whether or not a particular punishment was cruel and unusual were determined by Justice William Brennan.[4] In Furman v. Georgia, 408 U.S. 238 (1972), Justice Brennan wrote, “There are, then, four principles by which we may determine whether a particular punishment is ‘cruel and unusual’.”

  • The “essential predicate” is “that a punishment must not by its severity be degrading to human dignity,” especially torture.
  • “A severe punishment that is obviously inflicted in wholly arbitrary fashion.” (Furman v. Georgia temporarily suspended capital punishment for this reason.)
  • “A severe punishment that is clearly and totally rejected throughout society.”
  • “A severe punishment that is patently unnecessary.”

And he added: “The function of these principles, after all, is simply to provide means by which a court can determine whether a challenged punishment comports with human dignity. They are, therefore, interrelated, and, in most cases, it will be their convergence that will justify the conclusion that a punishment is “cruel and unusual.” The test, then, will ordinarily be a cumulative one: if a punishment is unusually severe, if there is a strong probability that it is inflicted arbitrarily, if it is substantially rejected by contemporary society, and if there is no reason to believe that it serves any penal purpose more effectively than some less severe punishment, then the continued infliction of that punishment violates the command of the Clause that the State may not inflict inhuman and uncivilized punishments upon those convicted of crimes.”

Continuing, he wrote that he expected that no state would pass a law obviously violating any one of these principles, so court decisions regarding the Eighth Amendment would involve a “cumulative” analysis of the implication of each of the four principles. In this way the United States Supreme Court “set the standard that a punishment would be cruel and unusual [,if] it was too severe for the crime, [if] it was arbitrary, if it offended society’s sense of justice, or if it was not more effective than a less severe penalty.”

Trump Reportedly Wants His Personal Pilot to Run the Federal Aviation Administration

Donald Trump reportedly wants his personal pilot to be the head of Federal Aviation Administration, as John Dunkin‘s has made it on a short list for the job.

With both his daughter and son-in-law in top White House positions, accusations of nepotism have plagued the Trump administration since its inception — and the latest example of just that comes via the president privately pushing Dunkin for FAA chief, reports Axios.

While the pilot, who flew Trump’s personal airplane throughout the 2016 presidential campaign, has not officially been told he has the position, administration officials are already arguing that Dunkin actually deserves the top FAA job based on his qualifications.

“He’s on the list because he’s the president’s pilot, but if he gets the job it won’t be because he’s the president’s pilot,” said one anonymous source regarding the position that oversees a multibillion dollar budget. Additionally, a different official in the administration argued that Dunkin has the correct amount of field experience.

However, another source who spoke to Axios described the situation by comparing it to a Seinfeld episode:

“One industry insider equated this to the Seinfeld episode when Cosmo Kramer used his golf caddy as a jury consultant. A senior administration official told me that comparison is completely unfair. The source confirmed Trump recommended Dunkin and that he’s sat for an interview for the post. That source said he was impressive.”

Competing FAA head candidates include GOP Rep. Sam Graves of Missouri and the current FAA Administrator Dan Elwell.

[Mediaite]

Peña Nieto calls off visit to White House after confrontational call with Trump

Mexican President Enrique Peña Nieto has called off an official trip to Washington to meet with President Donald Trump after a tense phone call brought the two leaders to a policy-driven standstill.

Peña Nieto was tentatively planning the trip for March, a White House official said, but the official confirmed to CNN that the trip was put on hold following the phone call, which took place on February 20.

According to The Washington Post, which first reported the cancellation, officials from both countries told the paper that Peña Nieto “called off the plan after Trump would not agree to publicly affirm Mexico’s position that it would not fund construction of a border wall.”

A White House official told CNN that any meeting would be awkward and counterproductive given Trump’s vow that Mexico would pay for the wall.

The official said the call was “less hostile” than the one that occurred between the two leaders a year ago, but “no more productive” than that call either.

At least one Mexican official, who spoke to the Post on the condition of anonymity, said Trump “lost his temper.” US officials described the President as being “frustrated and exasperated, saying Trump believed it was unreasonable for Peña Nieto to expect him to back off his crowd-pleasing campaign promise of forcing Mexico to pay for the wall.”

According to the Post’s report, the two leaders “devoted a considerable portion” of this year’s call to discussing the wall.

According to the paper, officials from both countries confirmed that Peña Nieto’s “desire to avoid public embarrassment — and Trump’s unwillingness to provide that assurance — that proved to be the dealbreaker.”

[CNN]

U.S. Citizenship and Immigration Services drops ‘nation of immigrants’ from mission statement

Tired, poor, huddled masses yearning to breathe free need not apply.

The United States Citizenship and Immigration Services no longer uses language that describes the country as “a nation of immigrants” in its official mission statement, an agency official said Thursday.

The USCIS, the federal agency tasked with granting visas and citizenship, has changed to a new statement that “clearly defines the agency’s role in our country’s lawful immigration system and the commitment we have to the American people,” according to a letter sent to employees by agency director L. Francis Cissna that was obtained by NBC News.

“The agency’s new mission statement was developed and debuted within the agency by USCIS Director Cissna during his first conference with USCIS senior leadership from around the world,” a USCIS public affairs officer said in a statement to NBC News. “It reflects the director’s guiding principles for the agency. This includes a focus on fairness, lawfulness and efficiency, protecting American workers, and safeguarding the homeland.”

The previous mission statement said the agency, “secures America’s promise as a nation of immigrants by providing accurate and useful information to our customers, granting immigration and citizenship benefits, promoting an awareness and understanding of citizenship, and ensuring the integrity of our immigration system.”

The new statement now reads:

“U.S. Citizenship and Immigration Services administers the nation’s lawful immigration system, safeguarding its integrity and promise by efficiently and fairly adjudicating requests for immigration benefits while protecting Americans, securing the homeland, and honoring our values.”

Cissna also said the new mission statement will also no longer refer to visa applicants as “customers” because the term “promotes an institutional culture that emphasizes the ultimate satisfaction of applicants and petitioners, rather than the correct adjudication of such applications and petitions according to the law.” He added that the term implied that the agency serves anyone other than “the American people.”

President Donald Trump’s pick, Cissna was sworn in as director of USCIS in October.

The wording change was not welcomed by some pro-immigration groups.

“Our nation is one built by immigrants — removing this language does nothing to change that fact, it only reveals the insidious racism harbored by those in this administration,” said Eleanor Acer, senior director for refugee protection at the Human Rights First, in a statement. “We cannot separate ‘immigrants’ from ‘Americans’ — we are intrinsically linked as children, parents, neighbors, and loved ones. By seeking to distinguish between the two, the administration is turning its back on our nation’s proud history and engaging in dangerous revisionism.”

[NBC News]

Trump Misquotes Fox News Anchor to Slam ‘Total Phony’ Schiff: He ‘Omitted and Distorted Key Facts’

In a botched attempt to use information from Fox News to attack the Democrat’s rebuttal to the infamous GOP memo, President Donald Trump removed numerous words from a quote by one of the network’s anchors to paint Rep. Adam Schiff as “a total phony.”

After spending his Saturday night on Twitter slamming the Democrat’s claims that the FBI and DOJ did not inappropriately target Trump and his allies, the president picked up a quote from Fox News — falsely claiming the network’s anchor said “Congressman Schiff omitted and distorted key facts.”

“‘Congressman Schiff omitted and distorted key facts’ @FoxNews So, what else is new. He is a total phony!” Tweeted Trump.

However, the actual quote from the Fox News report went as follows:

“Congressman Schiff, he argues the Republican memo omitted and distorted key facts — it was initially meant to be mislead the public. And this Democratic memo was supposed to be the rebuttal that was meant to show what was left out. Was the Democratic memo released now, will it be seen as a success? Did they get their point across?”

The irony of Trump misquoting a Fox News anchor to accuse Schiff of omitting and distorting facts was first noticed by CNN media reporter Brian Stelter.

[Mediaite]

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