Biden’s second try at student loan cancellation moves forward with debate

Legal Insight 2023/10/10 13:24   Bookmark and Share
President Joe Biden’s second attempt at student loan cancellation began moving forward Tuesday with a round of hearings to negotiate the details of a new plan.

In a process known as negotiated rulemaking, 14 people chosen by the Biden administration are meeting for the first of three hearings on student loan relief. Their goal is to guide the Education Department toward a proposal after the Supreme Court rejected Biden’s first plan in June.

The negotiators all come from outside the federal government and represent a range of viewpoints on student loans. The panel includes students and officials from a range of colleges, along with loan servicers, state officials and advocates including the NAACP.

In opening remarks, Under Secretary of Education James Kvaal said the student debt crisis has threatened to undercut the promise of higher education.

“Student loan debt in this country has grown so large that it siphons off the benefits of college for many students,” Kvaal said in prepared remarks. “Some loans made to young adults stretch into retirement with no hope of being repaid. These debt burdens are shared by families and communities.”

Biden directed the Education Department to find another path to loan relief after the conservative court ruled that he couldn’t cancel loans using a 2003 law called the HEROES Act.

The latest attempt will rest on a sweeping law known as the Higher Education Act, which gives the education secretary authority to waive student loans — although how far that power extends is the subject of legal debate. The department is going through the negotiated rulemaking process to change or add federal rules clarifying how the secretary can cancel debt.
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Rep. George Santos’ former campaign treasurer will plead guilty to a federal felony

Lawyer Blog Post 2023/10/05 10:52   Bookmark and Share
The ex-campaign treasurer for U.S. Rep. George Santos is scheduled to enter a guilty plea to an unspecified felony in connection with the sprawling federal investigation of financial irregularities surrounding the indicted New York Republican, prosecutors say.

Nancy Marks is a veteran Long Island political operative. Marks served as the campaign treasurer and close aide to Santos during his two congressional bids. Marks resigned amid growing questions about Santos’ campaign finances and revelations Santos had fabricated much of his life story.

Marks’ plea is scheduled to take place in a Central Islip courtroom on Thursday afternoon. It comes as Santos faces a 13-count federal indictment centered on charges of money laundering and lying to Congress in an earlier financial disclosure.

The investigation of the first-term congressman has also engulfed Marks, a key behind-the-scenes figure in Long Island Republican politics who built a business as a treasurer and consultant to dozens of local, state and federal candidates.

Marks has faced questions about the congressman’s unusual campaign filings, including a series of $199.99 expenses, just below the legal limit for disclosure. Santos, in turn, has sought to pin the blame for his unexplained finances on Marks, who he claims “went rogue” without his knowledge.

Any deal with prosecutors that requires Marks to testify in the case against Santos could be a severe blow to the Republican, who faces charges that he embezzled money from his campaign, lied in financial disclosures submitted to Congress and received unemployment funds when he wasn’t eligible.

While Santos has admitted fabricating key parts about his purported background as a wealthy, well-educated businessman, questions remain about what he did for work, as well as the true source of more than $700,000 he initially claimed to have loaned his campaign from his own personal fortune.

Santos has pleaded not guilty to charges he duped donors, stole from his campaign and lied to Congress about being a millionaire, all while cheating to collect unemployment benefits he didn’t deserve. He has defied calls to resign.

A formal complaint filed by the Campaign Legal Center with the Federal Election Committee alleges that unknown groups may have illegally funneled money into the Santos campaign. The complaint, filed last January, named Marks along with Santos.
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Judge blocks 2 provisions in North Carolina’s new abortion law

Legal Insight 2023/10/02 16:46   Bookmark and Share
A federal judge on Saturday blocked two portions of North Carolina’s new abortion law from taking effect while a lawsuit continues. But nearly all of the restrictions approved by the legislature this year, including a near-ban after 12 weeks of pregnancy, aren’t being specifically challenged and remain intact.

U.S. District Judge Catherine Eagles issued an order halting enforcement of a provision to require surgical abortions that occur after 12 weeks — those for cases of rape and incest, for example — be performed only in hospitals, not abortion clinics. That limitation would have otherwise taken effect on Sunday.

And in the same preliminary injunction, Eagles extended beyond her temporary decision in June an order preventing enforcement of a rule that doctors must document the existence of a pregnancy within the uterus before prescribing a medication abortion.

Short of successful appeals by Republican legislative leaders defending the laws, the order will remain in effect until a lawsuit filed by Planned Parenthood South Atlantic and a physician who performs abortions challenging the sections are resolved. The lawsuit also seeks to have clarified whether medications can be used during the second trimester to induce labor of a fetus that can’t survive outside the uterus.

The litigation doesn’t directly seek to topple the crux of the abortion law enacted in May after GOP legislators overrode Democratic Gov. Roy Cooper’s veto. North Carolina had a ban on most abortions after 20 weeks before July 1, when the law scaled it back to 12 weeks.

The law, a response to the 2022 U.S. Supreme Court ruling that struck down Roe v. Wade, also added new exceptions for abortions through 20 weeks for cases of rape and incest and through 24 weeks for “life-limiting” fetal anomalies. A medical emergency exception also stayed in place.

On medication abortions, which bill sponsors say also are permitted through 12 weeks of pregnancy, the new law says a physician prescribing an abortion-inducing drug must first “document in the woman’s medical chart the ... intrauterine location of the pregnancy.”

Eagles wrote the plaintiffs were likely to be successful on their claim that the law is so vague as to subject abortion providers to claims that they broke the law if they can’t locate an embryo through an ultrasound because the pregnancy is so new.
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Writers’ union reaches tentative deal with Hollywood studios to end strike

Legal Insight 2023/09/26 17:45   Bookmark and Share
The union representing screenwriters reached a tentative agreement with Hollywood studios to end a historic strike after nearly five months, raising hopes that a crippling shutdown of movie and television filming could be near an end.

Actors remain on strike, but the deal with writers might help them find a resolution soon as well.

The Writers Guild of America announced the deal Sunday in a joint statement with the Alliance of Motion Picture and Television Producers, the group that represents studios, streaming services and production companies in negotiations. The agreement must be approved by the guild’s board and members before the strike officially ends. That could happen this week.

The pact “was made possible by the enduring solidarity of WGA members and extraordinary support of our union siblings who joined us on the picket lines for over 146 days,” the guild said in an email to members.

In a longer message from the guild shared by members on social media, the writers were told the strike is not over and no one was to return to work until hearing otherwise, but picketing was to be suspended immediately.

The three-year contract agreement emerged after five marathon days of renewed talks by WGA and AMPTP negotiators, who were joined at times by studio executives. The terms were not immediately announced. The deal to end the last writers strike, in 2008, was approved by more than 90% of union members.

Media and entertainment companies got a small boost from the news. Shares in Warner Bros. Discovery, Paramount, Disney and Netflix all rose about 2% or less on Monday.
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Progressive Councilmember Freddie O’Connell wins Nashville mayor’s race

Legal Business 2023/09/22 15:40   Bookmark and Share
Freddie O’Connell, a progressive member of Nashville’s metro council, has resoundingly won the race to become the next mayor of the Democratic-leaning city, according to unofficial results.

Results from the Davidson County Election Commission show O’Connell defeated conservative candidate Alice Rolli in Thursday’s runoff election by a wide margin, with all precincts reporting. Candidates in the race do not run with party affiliations.

Since 2015, O’Connell has served on the combined city-county government’s council, representing a district that covers downtown Nashville. He succeeds Mayor John Cooper, who decided not to seek reelection.

O’Connell, whose campaign touted him as the “only truly progressive candidate running for mayor,” said he wants to make the city “more ’ville and less Vegas,” a reference to the “Nashvegas” moniker sometimes used to liken the huge boom in tourism in the city to Las Vegas.

“Every part of this city deserves the public resources that bind neighborhoods and neighbors together — schools, parks and libraries,” O’Connell said in a victory speech. “And when we do that, our interactions with our local government should leave us feeling satisfied that a real person worked to solve our issue.”

Down the ballot, Olivia Hill won an at-large metro council seat to make history as the first transgender candidate to be elected to office in Tennessee, according to the LGBTQ+ Victory Fund. Hill’s victory stands in contrast to Tennessee’s Republican leadership in state government, where lawmakers have passed a series of restrictions on the rights of transgender people.
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5 former officers charged with federal civil rights violations

Lawyer Blog Post 2023/09/18 12:08   Bookmark and Share
Five former Memphis police officers were charged Tuesday with federal civil rights violations in the beating death of Tyre Nichols as they continue to fight second-degree murder charges in state courts arising from the killing.

Tadarrius Bean, Desmond Mills, Demetrius Haley, Emmitt Martin and Justin Smith were indicted in U.S. District Court in Memphis. The four-count indictment charges them with deprivation of rights under the color of law through excessive force and failure to intervene, and through deliberate indifference; conspiracy to witness tampering; and obstruction of justice through witness tampering.

The charges come nine months after the violent beating during a Jan. 7 traffic stop near Nichols’ Memphis home, in which they punched, kicked and slugged the 29-year-old with a baton as he yelled for his mother. Nichols died at a hospital three days later. The five former officers, all Black like Nichols, have pleaded not guilty to state charges of second-degree murder and other alleged offenses in the case.

“We all heard Mr. Nichols cry out for his mother and say ‘I’m just trying to go home,’” Attorney General Merrick Garland said in a video statement after the indictment. “Tyre Nichols should be alive today.”

U.S. Attorney Kevin Ritz in West Tennessee said at an afternoon news briefing that the state and federal cases are on separate tracks. Ritz declined to predict how quickly they would proceed.

Kristen Clarke, who leads the U.S. Department of Justice’s civil rights division, said at the appearance that the five former officers used excessive force, failed to advise medical personnel about Nichols’ injuries and conspired to cover up their misconduct.

“In our country, no one is above the law,” she said, adding she met earlier Tuesday with Nichols’ mother and stepfather. Caught on police video, the Nichols beating was one in a string of violent encounters between police and Black people that sparked protests and renewed debate about police brutality and police reform in the U.S.

Nichols’ mother, RowVaughn Wells, said she was surprised that the federal charges “happened so quickly.” The investigation that led to the indictment was announced in the weeks after the Jan. 7 beating death.
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