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  • US lawmakers want answers from FTX’s Sam Bankman-Fried | CNN Business

    US lawmakers want answers from FTX’s Sam Bankman-Fried | CNN Business

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    New York
    CNN
     — 

    Lawmakers are demanding that Sam Bankman-Fried, the founder of the failed crypto exchange FTX, appear before the Senate Banking Committee next week over “significant unanswered questions ” surrounding the collapse of his companies.

    In a letter to Bankman-Fried and his lawyer, the committee’s Democratic chairman, Sen. Sherrod Brown of Ohio, and Republican Sen. Pat Toomey of Pennsylvania wrote that the American people need answers about Bankman-Fried’s “misconduct” leading to the collapse of FTX and its sister hedge fund, Alameda, both of which filed for bankruptcy on November 11.

    “You must answer for the failure of both entities that was caused, at least in part, by the clear misuse of client funds and wiped out billions of dollars owed to over a million creditors,” the senators wrote.

    It wasn’t clear whether Bankman-Fried would comply. A representative for his attorney referred to Bankman-Fried’s tweet on Sunday in which he told Rep. Maxine Waters, a California Democrat, that he couldn’t commit to testifying at a hearing scheduled for December 13, one day before the Senate committee’s hearing. “Once I have finished learning and reviewing what happened, I would feel like it was my duty to appear before the committee and explain,” Bankman-Fried wrote. “I’m not sure that will happen by the 13th.”

    Brown and Toomey said in their letter that the committee would “consider further action if he does not comply.”

    “There are still significant unanswered questions about how client funds were misappropriated, how clients were blocked from withdrawing their own money, and how you orchestrated a cover up.”

    Separately, Sens. Elizabeth Warren of Massachusetts and Tina Smith of Minnesota, both Democrats, sent letters to three regulators – the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency – asking them to assess the traditional banking system’s exposure to turmoil in the crypto space, a largely unregulated, parallel financial system.

    “Crypto firms may have closer ties to the banking system than previously understood,” Warren and Smith wrote. “Banks’ relationships with crypto firms raise questions about the safety and soundness of our banking system and highlight potential loopholes that crypto firms may try to exploit to gain further access.” 

    Federal prosecutors are investigating the collapse of FTX, an exchange that marketed itself as a beginner-friendly way to get involved in what was, until recently, a booming if highly volatile market for digital assets. FTX also facilitated high-risk leveraged trading that wasn’t allowed inside the United States. (The firm was based in The Bahamas.)

    FTX was one of the biggest crypto exchanges in the world until last month, when it faced a sudden wave of customer withdrawals that it couldn’t cover. One of the key questions prosecutors are likely to probe is whether FTX misappropriated customer funds when it made loans to Alameda.

    Bankman-Fried has denied accusations of misusing customer deposits. “I didn’t knowingly commingle funds,” he told The New York Times last week. “I was frankly surprised by how big Alameda’s position was.”

    Federal prosecutors are also investigating whether Bankman-Fried played a role in the collapse this spring of two interlinked cryptocurrencies, Terra and Luna, according to the New York Times, which cited two people familiar with the matter.

    The Times said the issue is part of a broadening inquiry into the collapse of FTX, and it’s not clear whether prosecutors have determined any wrongdoing by Bankman-Fried.

    In a statement to the paper, Bankman-Fried said he was “not aware of any market manipulation and certainly never intended to engage in market manipulation.”

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  • As more in North Carolina regain power, investigators probe domestic terrorism and threats against power infrastructure across the US | CNN

    As more in North Carolina regain power, investigators probe domestic terrorism and threats against power infrastructure across the US | CNN

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    CNN
     — 

    A growing number of reported threats to power infrastructure are under investigation following attacks on substations in the South and on the West Coast as electricity becomes a more critical need in winter.

    Even before the gun assaults Saturday in Moore County, North Carolina, wiped out power for days to thousands, at least five electricity substations in Oregon and Washington had been attacked in November, according to energy companies.

    And now, the FBI is involved after reports of shots fired Wednesday near a power station in Ridgeway, South Carolina, a Duke Energy spokesperson told CNN. No outages or known property damage was reported at the Wateree Hydro Station, spokesperson Jeff Brooks said.

    While no motive or suspect behind the North Carolina attacks has been identified, investigators are zeroing in on two possible threads centered on extremist behavior: writings by extremists on online forums encouraging attacks on critical infrastructure and a series of recent disruptions of LGBTQ+ events across the nation by domestic extremists, law enforcement sources told CNN.

    Though investigators have no evidence connecting the Moore County outage to a drag event that began there around when the lights went out, the timing and context of armed confrontations around similar LBGTQ+ events across the country are being considered, the sources told CNN. The outage ended the Moore County drag show after audience members lit the stage with phone flashlights, Sandhills PRIDE has said.

    The FBI had warned of reports of threats to electricity infrastructure by people espousing racially or ethnically motivated extremist ideology “to create civil disorder and inspire further violence,” the agency said in a November 22 bulletin sent to private industry.

    Beyond this month’s incidents in South Carolina and North Carolina, where lights flickered back on Wednesday:

    • In Oregon, a substation in Clackamas was damaged in a “deliberate physical attack” over the Thanksgiving holiday, a Bonneville Power Administration spokesperson told CNN. “BPA operators discovered a cut perimeter fence and damaged equipment inside,” the spokesperson said, adding the company is working with the FBI on the incident.

    • In Washington state, “two incidents occur(ed) in late November at two different substations,” Puget Sound Energy spokesperson told CNN. “Both incidents are currently under investigation by the FBI,” it said, adding, “We are aware of recent threats on power systems across the country and take these very seriously.”

    And two Cowlitz County Public Utility District substations were vandalized in mid-November in the Woodland area, agency spokesperson Alice Dietz told The Seattle Times. “At this time, we do not have any further comment … Our facilities have since been repaired,” Dietz told the Times. CNN has reached out to the FBI’s office in Seattle for comment.

    Anti-government groups in the past two years began using online forums to urge followers to attack critical infrastructure, including the power grid. They have posted documents and even instructions outlining vulnerabilities and suggesting the use of high-powered rifles.

    One 14-page guide obtained by CNN cited as an example the 2013 sniper attack on a high voltage substation at the edge of Silicon Valley that destroyed 17 transformers and cost Pacific Gas and Electric $15 million in repairs.

    The caliber of the bullets in that California incident is different from those used in North Carolina, a law enforcement source told CNN.

    But whoever attacked the North Carolina substations “knew exactly what they were doing,” Moore County Sheriff Ronnie Fields has said.

    Investigators recovered around the damaged substations nearly two dozen shell casings from a high-powered rifle, law enforcement sources told CNN. While no rifle has been recovered, the ballistics may still offer critical evidence. And bullets pulled from a transformer station and brass shell casings found a short distance away are being examined, the sources said.

    Duke Energy workers repair an electrical substation Tuesday in Mineral Springs near Pinehurst, North Carolina.

    The casings can be entered into a Bureau of Alcohol, Tobacco, Firearms and Explosives database and matched to any other shell casings fired by the same gun at another crime scene, or to the gun itself if it’s found. The locations of the casings may also offer clues.

    The sheriff on Wednesday asked the public to provide any surveillance footage from the areas that were hit and announced $75,000 in reward money for information leading to the arrest and conviction of the person or people responsible.

    Someone who lives near the West End substation heard around 20 gunshots in quick succession the night of the attack on the station, he told CNN affiliate WRAL. The power did not go out for about 30 minutes after that, he said.

    “Me and my wife were just sitting on the couch just watching a movie and all of the sudden, about 8:45, about 20 shots fired off right across the street,” Spencer Matthews told WRAL.

    The outages crippled the local economy and paralyzed daily life for more than 45,000 homes and businesses. And just because the electricity is back on doesn’t mean the pain is over.

    Businesses “have lost a tremendous amount over the last few days,” Moore County Manager Wayne Vest said. The outages affected more than 600 food establishments, Moore County Health Director Matt Garner said

    “We know our residents are going to end the day and go through the night in power and light and in safety. But there’s another element of our population is still suffering … and that’s our local merchants,” Pinehurst Mayor John Strickland said.

    “If you’re dining out, if you’re only going to go out once, go out twice,” Vest said. “If you were going to shop and buy one package, buy two packages.”

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  • Why we think we’re in a recession when the data says otherwise | CNN Business

    Why we think we’re in a recession when the data says otherwise | CNN Business

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    A version of this story first appeared in CNN Business’ Before the Bell newsletter. Not a subscriber? You can sign up right here. You can listen to an audio version of the newsletter by clicking the same link.


    New York
    CNN Business
     — 

    It seems like you can’t go anywhere these days without colliding headfirst into another ominous prediction of imminent recession. CEOs, portfolio managers, politicians, news pundits, second cousins and even Cardi B are sounding the alarm: Hear ye! Hear ye! Economic downturn awaits all who dare enter 2023!

    But those predictions contradict the slew of positive economic data we’ve seen: The job market is healthy, wages are growing, Americans are spending and GDP is strong. Business is also good: Companies are largely beating revenue expectations and reporting positive earnings results.

    The Federal Reserve’s regimen of painful interest rate hikes meant to tame persistent inflation could certainly cool the economy — as could events in Eastern Europe and China — but the economy has been able to successfully endure nearly a year of hikes and war in Ukraine with barely a dent.

    It’s possible that recession chatter is just that. Chatter.

    What’s happening: No one would ever accuse investors of shying away from their emotions: Passions run high on trading floors where feelings are often as valid as facts and fear and greed can sometimes run the show. Economists, on the other hand, are a data-dependent, stoic bunch. The US economy is not Wall Street, and market downturns are not recessions — but sometimes they get jumbled together in the public eye and their borders become hazy.

    That appears to be the case: The Fed’s attempts to tamp down sky-high inflation are having an outsized impact on markets — the S&P 500 is down about 18% so far this year but there has so far been little impact on the US economy as a whole.

    This week, a number of top executives warned of an economic slowdown in 2023. CEOs from Goldman Sachs, JPMorgan, General Motors, Walmart, United and Union Pacific all said they were making plans for less-profitable times ahead. But hidden behind those “CEO PREDICTS RECESSION” headlines lies a lot of uncertainty.

    Rising interest rates and geopolitical chaos are pointing towards storm clouds on the horizon, JPMorgan CEO Jamie Dimon told CNBC on Tuesday: “When you look out forward, those things may well derail the economy and cause this mild-to-hard recession that people are worried about.” When pressed to predict what was coming, he deflected. “It could be a hurricane. We simply don’t know,” he said. What was left unsaid was that sunny days are also a possibility.

    Feedback loop: United Airlines CEO Scott Kirby also told CNBC on Tuesday that “we’re probably going to have a mild recession induced by the Fed.” He then went on to say that demand in his industry is higher than ever and United entered the fourth quarter with profit margins near all-time highs. He doesn’t see any indication of a slowdown on the horizon, either.

    So why does he think a recession is coming? “If I didn’t watch CNBC in the morning, the word ‘recession’ wouldn’t be in my vocabulary,” he said. “You just can’t see it in our data.”

    It’s almost as though Kirby predicted recession was imminent because other prominent voices predicted that recession was imminent. And it’s possible that we’re all stuck in a feedback loop that amplifies unjustified fear.

    Prophecies are often self-fulfilling. If CEOs believe recession is coming, they preemptively batten down the hatches — and that means less spending and more layoffs, which in turn can trigger an economic downturn.

    Goldman CEO David Solomon said Tuesday that the bank may soon terminate staff and exercise caution with its financial resources due to the mounting economic uncertainty. Morgan Stanley will reportedly slash its workforce by about 1,600 people, roughly 2% of the total.

    The upside: Some parts of Wall Street seem to be avoiding the recession fervor. ​​A recent study by Goldman Sachs found that smart money is betting on a soft landing. Money managers have been favoring industrial and commodity stocks that are sensitive to economic downturns. Stocks that act as a buffer during economic downturns like consumer staples and utilities have fallen out of favor at investment funds with assets totaling almost $5 trillion, Goldman strategists found.

    “Current sector tilts are consistent with positioning for a soft landing,” they wrote.

    Oil prices have tumbled to their lowest level since Christmas as worries about the health of the economy weigh on crude, overshadowing concerns about new restrictions imposed on Russian energy, reports my colleague Matt Egan.

    Brent crude, the world benchmark, lost nearly 3% on Thursday to around $77.45 a barrel.

    The oil selloff comes after the West hit Russia with new restrictions that, so far at least, do not appear to be derailing global energy markets.

    The European Union on Monday imposed a ban on seaborne oil imports from Russia, while the West placed a $60 cap on Russian oil. Both moves are designed to hurt Russia’s ability to finance its war in Ukraine, without hurting consumers by causing Moscow to slash oil production.

    “Russia oil is still on the market. As of now, it appears Russia is willing to play ball,” said Robert Yawger, vice president of oil futures at Mizuho Securities.

    The tame reaction from energy markets is a welcome gift for Americans heading on long drives this holiday season, as prices at the gas pump are expected to continue their recent plunge.

    US oil this week hit its lowest level since December 23, 2021, before recovering a little on Thursday to trade up 2% at $73.60 a barrel. That leaves oil down by 43% since briefly topping $130 a barrel in March amid fears about Russia’s invasion of Ukraine.

    The national average price for regular gasoline dipped by three cents to $3.33 a gallon on Thursday, according to AAA. Gas prices have dropped 14 cents in the past week and 47 cents in a month. The national average is a cent lower than a year ago when they averaged $3.34 a gallon.

    Britain is bracing for further disruption from strikes heading into the Christmas period, as ambulance drivers and nurses join rail operators and postal workers in the worst wave of walkouts the country has endured for at least a decade, reports my colleague Hanna Ziady.

    More than 20,000 ambulance workers, including paramedics and call handlers, are expected to strike on December 21 in a dispute over pay, according to statements from labor unions GMB, Unison and Unite.

    The strike will involve just under half of all ambulance drivers in England, Wales and Northern Ireland, although unions have said they will cover life-threatening emergencies during the walkouts. More than 10,000 ambulance workers represented by the GMB Union will strike again on December 28.

    Strikes have swept the United Kingdom this year, as workers grapple with a cost-of-living crisis and stagnating wages. Consumer prices rose by 11.1% in the year to October, a 41-year high. Once inflation is taken into account, average wages fell by the biggest drop on record earlier this year, and were still declining in the June-September period.

    According to The Times newspaper, one million UK workers are set to strike in December and January. Data from the Office for National Statistics shows Britain has already lost at least 741,000 days to strike action this year, putting it on track for its worst year of labor disputes in at least a decade.

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  • Biden’s pick for IRS commissioner would face backlog of tax returns while gearing up for next filing season | CNN Politics

    Biden’s pick for IRS commissioner would face backlog of tax returns while gearing up for next filing season | CNN Politics

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    CNN
     — 

    Even though the Internal Revenue Service has been steadily chipping away at its major backlog of tax filings, millions of individuals and businesses are still waiting for their tax returns to be fully processed and their refunds to be sent.

    Dealing with this mountain of paperwork, as well as deploying the nearly $80 billion that Congress gave the agency earlier this year, could fall to Daniel Werfel, whom President Joe Biden nominated last month to be the next IRS commissioner.

    Werfel, whose Senate confirmation hearing has yet to be scheduled, is no stranger to turmoil at the IRS. He served as acting commissioner for seven months in 2013 after his predecessor was forced to resign following the revelation that the agency targeted conservative groups seeking tax-exempt status for extra scrutiny.

    Prior to joining the IRS, Werfel worked for nearly 16 years at the White House’s Office of Management and Budget, serving as deputy controller and then federal controller. After leaving the government, he joined Boston Consulting Group, where he is a managing director and partner on the federal and public sector teams.

    “The management challenges are significant, both spending the money efficiently and wisely,” said John Koskinen, who served as IRS commissioner from 2013 to 2017. “It’ll be an interesting, but good challenge for him. I think he’s more than up to it.”

    During his time at the IRS, Werfel responded to numerous congressional investigations, the White House noted when it announced his nomination.

    If confirmed, he is expected to be called again to Capitol Hill. House Republicans, who will take charge of the chamber in January, plan to conduct multiple inquiries into the agency.

    “Will he cooperate with congressional oversight efforts, such as the pending requests related to the continuing large tax return backlog, Child Tax Credit administration, and the agency’s suspicious solicitation of millions of additional tax credit claims right before an election, among many others?” Texas Rep. Kevin Brady, the Republican leader of the House Ways and Means Committee, said when Werfel was nominated.

    The Covid-19 pandemic wreaked havoc on the IRS, which closed its offices for several months in 2020. Millions of paper returns and correspondence piled up in trailers during the shutdown.

    On top of that, Congress enacted several relief programs that were carried out by the agency in 2020 and 2021 – including three rounds of stimulus checks, a monthly child tax credit and an unemployment compensation exclusion – all of which added to the pressure on its staff.

    The agency has devoted more resources to clearing the massive backlog of paper returns and is moving more quickly than it did a year ago, National Taxpayer Advocate Erin Collins said during a Tax Policy Center panel discussion last month. But the IRS is still not where she would like it to be.

    There were still 3.2 million unprocessed individual returns as of November 25, according to the agency. Of these, 1.5 million are paper returns waiting to be reviewed and processed and 1.7 million are returns that require error correction or other special handling.

    The IRS also has 800,000 unprocessed amended individual tax returns as of late November. It could take more than 20 weeks for the filings to be processed.

    Those figures remain daunting with only a few weeks left before the agency shuts down its systems to prepare for the upcoming filing year. But they show the IRS is making progress. There were about 3 million individual paper returns and 1.3 million amended returns waiting to be processed as of October 21, Collins wrote in a blog post last month.

    As for business returns, Collins found there were more than 4 million in need of initial processing as well as several hundred thousand amended returns as of October 21.

    Plus, there are 6.3 million suspended returns, of which nearly 3 million were being reviewed for potential identity theft as of late October. And the agency has about 4.5 million pieces of correspondence awaiting processing.

    The IRS does not provide updated processing figures for business returns, correspondence or all suspended returns online.

    What’s more, the agency is only answering about one in 10 calls it receives. The rate was around 85% two decades ago.

    The IRS said it intends to be “healthy” by the end of the year, Collins wrote, but she questioned how the agency defines “healthy.”

    “Regardless of the IRS’ definition, none of the above taxpayers will see the IRS as ‘healthy’ until their return is worked,” she wrote.

    The IRS did not respond to requests for comment.

    The backlog stems in part from cuts to the agency’s budget and staffing levels over the past decade. The budget is down more than 15%, after adjusting for inflation, and staffing has shrunk to 1970s levels, former Commissioner Charles Rettig told a Senate committee earlier this year.

    The agency is already deploying part of the $80 billion in funding that it will receive over 10 years from the Democrats’ Inflation Reduction Act, which passed this summer.

    In October, the IRS announced it had hired 4,000 customer service representatives to answer phones and provide other taxpayer assistance. It said it intends to hire another 1,000 staffers by the end of the year.

    Many will be in place at the start of the 2023 tax season, and nearly all will be trained by Presidents’ Day in February, which is traditionally when the agency sees the highest call volumes.

    The IRS expects the phones to be answered at a much higher rate this upcoming season, the agency said.

    In addition, the IRS is looking to hire 700 people for its Taxpayer Assistance Centers across the country. It will be the first time in a decade that its more than 270 walk-in sites will be properly staffed, the agency said.

    While the upcoming tax filing season should be better than the last two, there are reasons for concern, said Larry Gray, national government liaison for the National Association of Tax Professionals. Since the new employees will still be learning, he questioned whether they will be as accurate or be able to answer questions as quickly as those with a few years under their belts.

    Plus, training the new hires is pulling experienced staffers away from processing the backlog.

    “We are moving in a direction to better,” said Gray. But “if you think the backlog is going to be gone, you are waking up in a dream.”

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  • The latest on Donald Trump’s many legal clouds | CNN Politics

    The latest on Donald Trump’s many legal clouds | CNN Politics

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    A version of this story appears in CNN’s What Matters newsletter. To get it in your inbox, sign up for free here.



    CNN
     — 

    Former President Donald Trump has been campaigning in between his many different court appearances for much of the year.

    But his decision to attend the first day of his $250 million civil fraud trial in New York created another opportunity to appear on camera from inside a courtroom when the judge allowed photographers to document the moment before proceedings got underway.

    Keeping track of the dizzying array of civil and criminal cases is a full-time job.

    He is charged with crimes related to conduct:

    • Before his presidency – a hush money scheme that may have helped him win the White House in 2016.
    • During his presidency – his effort to stay in the White House by overturning the 2020 election.
    • After his presidency – his treatment of classified material and alleged attempts to hide it from the National Archives.

    Trump denies any wrongdoing and has pleaded not guilty in all of the criminal cases. He alleges a “witch hunt” against him. But each trial has its own distinct storyline to follow.

    Here’s an updated list of developments in Trump’s very complicated set of court cases, beginning with the one playing out in Manhattan this week.

    The civil fraud trial, unlike Trump’s multiple criminal indictments, does not carry the danger of a felony conviction and jail time, but it could very well cost him some of his most prized possessions, including Trump Tower.

    New York Attorney General Letitia James brought the $250 million lawsuit in September 2022, alleging that Trump and his co-defendants committed repeated fraud in inflating assets on financial statements to get better terms on commercial real estate loans and insurance policies.

    Judge Arthur Engoron has already ruled that Trump and his adult sons are liable for fraud for inflating the value of his golf courses, hotels and homes on financial statements to secure loans.

    The trial portion of the case, playing out in court in Manhattan, will assess what damages will be levied against Trump and how Engoron’s decision to strip Trump of his New York business licenses will play out.

    In May, a federal jury in Manhattan found Trump sexually abused former advice columnist E. Jean Carroll in a luxury department store dressing room in the mid-1990s and awarded her about $5 million.

    A separate civil defamation lawsuit will only need to decide how much money Trump has to pay her. That case for January 15 – the same day Iowa Republicans will hold their caucuses, the first date on the presidential primary calendar.

    In August, Trump was indicted by a federal grand jury in special counsel Jack Smith’s investigation into the aftermath of the 2020 election. The former president was arraigned in a Washington, DC, courtroom, where he pleaded not guilty.

    The case is based in part on a scheme to create slates of fake electors in key states won by President Joe Biden.

    In late September, Judge Tanya Chutkan rejected Trump’s request that she recuse herself from the case. Chutkan, a Barack Obama appointee, has overseen civil and criminal cases related to the January 6, 2021, insurrection and has repeatedly exceeded what prosecutors have requested for convicted rioters’ prison sentences.

    Chutkan set the trial’s start date for March 4, 2024, the day before Super Tuesday, when the largest batch of presidential primaries will occur. The trial marks the first of Trump’s criminal cases expected to proceed.

    Trump has been charged in Manhattan criminal court with 34 felony counts of falsifying business records related to his role in a hush money payment scheme involving adult film actress Stormy Daniels late in the 2016 presidential campaign.

    The former president pleaded not guilty at his April arraignment in Manhattan.

    Prosecutors, led by Manhattan District Attorney Alvin Bragg, accuse Trump of falsifying business records with the intent to conceal $130,000 in payments to Daniels made by former Trump attorney and fixer Michael Cohen to guarantee her silence about an alleged affair.

    Trump has denied having an affair with Daniels.

    The trial was originally scheduled to begin in late March 2024, but Judge Juan Merchan has suggested the date could move. The next court date is scheduled for February.

    Fulton County District Attorney Fani Willis is using racketeering violations to charge a broad criminal conspiracy against Trump and 18 others in their efforts to overturn Biden’s victory in Georgia.

    The probe was launched in 2021 following Trump’s call that January with Georgia Secretary of State Brad Raffensperger, in which the president pushed the Republican official to “find” votes to overturn the election results.

    The August indictment also includes how Trump’s team allegedly misled state officials in Georgia; organized fake electors; harassed an election worker; and breached election equipment in rural Coffee County, Georgia.

    One co-defendant, bail bondsman Scott Hall, has pleaded guilty to five counts in the case.

    Fulton County prosecutors have signaled they could offer plea deals to other co-defendants.

    Willis this week issued a subpoena to former New York City Police Commissioner Bernard Kerik, a Trump ally, who in turn demanded an immunity deal in exchange for testimony.

    Trial for two co-defendants is expected to begin this month and could last three to five months. A trial date has not been set for Trump, who has pleaded not guilty.

    Federal criminal court in Florida: Mishandling classified material

    Trump has pleaded not guilty to 37 federal charges brought by Smith over his alleged mishandling of classified documents. Smith added three additional counts in a superseding indictment.

    The investigation centers on sensitive documents that Trump brought to his Mar-a-Lago residence in Florida after his White House term ended in January 2021.

    The National Archives, charged with collecting and sorting presidential material, has previously said that at least 15 boxes of White House records were recovered from Mar-a-Lago, including some classified records.

    Trump was also caught on tape in a 2021 meeting in Bedminster, New Jersey, where the former president discussed holding secret documents he did not declassify.

    Smith’s additional charges allege that Trump and his employees attempted to delete Mar-a-Lago security footage sought by the grand jury investigating the mishandling of the records.

    Trial is not expected until May, after most presidential primaries have concluded.

    There are other cases to note:

    Trump’s namesake business, the Trump Organization, was convicted in December by a New York jury of tax fraud, grand larceny and falsifying business records in what prosecutors say was a 15-year scheme to defraud tax authorities by failing to report and pay taxes on compensation provided to employees.

    Manhattan prosecutors told a jury the case was about “greed and cheating,” laying out a scheme within the Trump Organization to pay high-level executives in perks such as luxury cars and apartments without paying taxes on them.

    Former Trump Organization Chief Financial Officer Allen Weisselberg pleaded guilty to his role in the tax scheme. He was released after serving four months in jail at Rikers Island.

    Several members of the US Capitol Police and Washington, DC, Metropolitan Police are suing Trump, saying his words and actions incited the 2021 riot.

    The various cases accuse Trump of directing assault and battery; aiding and abetting assault and battery; and violating Washington laws that prohibit the incitement of riots and disorderly conduct.

    In August, Trump requested to put on hold the lawsuit related to the death of Capitol Police Officer Brian Sicknick, citing his various criminal trials. The estate of Sicknick, who died after responding to the attack on the Capitol, is suing two rioters involved in the attack and Trump for his alleged role in egging it on.

    Other lawsuits have been put on hold while a federal appeals court considers whether Trump had absolute immunity as the sitting president.

    Former top FBI counterintelligence official Peter Strzok, who was fired in 2018 after the revelation that he criticized Trump in text messages, sued the Justice Department, alleging he was terminated improperly.

    In summer 2017, former special counsel Robert Mueller removed Strzok from his team investigating Russian interference in the 2016 election after an internal investigation revealed texts with former FBI lawyer Lisa Page that could be read as exhibiting political bias.

    Strzok and Page were constant targets of verbal attacks by Trump and his allies, part of the larger ire the then-president expressed toward the FBI during the Russia investigation. Trump repeatedly and publicly called for Strzok’s ouster until he was fired in August 2018.

    Trump is set to be deposed this month as part of the case, according to Politico.

    A federal judge dismissed Trump’s lawsuit against Hillary Clinton, the Democratic National Committee, several ex-FBI officials and more than two dozen other people and entities that he claims conspired to undermine his 2016 campaign with fabricated information tying him to Russia.

    “What (Trump’s lawsuit) lacks in substance and legal support it seeks to substitute with length, hyperbole, and the settling of scores and grievances,” US District Judge Donald Middlebrooks wrote.

    Trump appealed the decision, but Middlebrooks also ruled that the former president and his attorneys are liable for nearly $1 million in sanctions for bringing the case.

    Trump launched a Hail Mary bid in July to revive the sprawling lawsuit, relying on a recent report from special counsel John Durham that criticized the FBI’s Trump-Russia probe.

    Trump’s former lawyer Cohen sued Trump, former Attorney General William Barr and others, alleging they put him back in jail to prevent him from promoting his upcoming book while under home confinement.

    Cohen was serving the remainder of his sentence for lying to Congress and campaign violations at home, due to Covid-19 concerns, when he started an anti-Trump social media campaign in summer 2020. Cohen said that he was sent back to prison in retaliation and that he spent 16 days in solitary confinement.

    A federal judge threw out the lawsuit in November. District Judge Lewis Liman said he was empathetic to Cohen’s position but that Supreme Court precedent bars him from allowing the case to move forward.

    Trump sued journalist Bob Woodward in January for alleged copyright violations, claiming Woodward released audio from their interviews without Trump’s consent.

    Woodward and publisher Simon & Schuster said Trump’s case is without merit and moved for its dismissal.

    Woodward conducted several interviews with Trump for his book “Rage,” published in September 2020. Woodward later released “The Trump Tapes,” an audiobook featuring eight hours of raw interviews with Trump interspersed with the author’s commentary.

    Trump-filed lawsuits: The New York Times, Mary Trump and CNN

    The former president is suing his niece and The New York Times in New York state court over the disclosure of his tax information.

    A New York judge dismissed The New York Times from Trump’s lawsuit regarding disclosure of his tax returns and ordered Trump to pay the newspaper’s legal fees. Trump is still suing his niece Mary Trump for disclosure of the tax documents. She had tried to sue him for defrauding her out of millions after the death of his father, but the suit was dismissed.

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  • The most shocking Senate result: Every incumbent won | CNN Politics

    The most shocking Senate result: Every incumbent won | CNN Politics

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    CNN
     — 

    One of the most common refrains in politics is voters hate Washington and want outsiders to be elected to office. But Sen. Raphael Warnock’s victory in Georgia’s Senate runoff on Tuesday is part of a trend that suggests that, at least in 2022, that wasn’t true.

    Each of the 29 Senate incumbents who ran for reelection won. This year’s Senate elections marked the first time in at least a century in which no incumbent senator up for reelection lost.

    So what just happened? Bad challenger quality, a map without a lot of competitive races taking place in an era of high polarization and an unusually tight national environment combined to create history.

    Let’s start with the fact that Republicans were not able to take advantage of the typical midterm headwinds that move against the president’s party. That happened in part because of bad candidate quality.

    Think about the challengers in the highest profile Senate races (Arizona, Georgia and Nevada) where Republicans hoped to knock off Democratic incumbents. All of the challengers had negative net favorability (favorable – unfavorable) ratings. All the senators up for reelection in these states had positive net favorability ratings.

    You’ll also note that all of these states are ones in which President Joe Biden won in 2020. This brings up a second important point: The list of competitive races on this Senate map was quite small.

    Most of these same Senate seats were last up in 2016. That year, the party that won the presidential race in a state won the Senate race, too. Two of these Senate seats changed parties in special elections in 2020, but both of those changes occurred in states (Arizona and Georgia) that flipped on the presidential level that year as well.

    In fact, Wisconsin was the one state on the Senate map this year where the incumbent running was not of the same party that won the state in the 2020 presidential election. Biden won that state by less than a point.

    In an era in which polarization is high, and pretty much all the incumbents were from states that their party carried in the previous presidential election, one of two things needed to happen for the incumbents to lose: Either the challengers had to be much better liked than the incumbents or the national environment needed to be strongly in favor of one of the two parties.

    We already mentioned that Republican challengers in the most competitive races with Democratic incumbents were not more popular than the incumbents. That was true as well in Wisconsin, where the Democratic challenger had a negative net favorability rating, too.

    This meant that the national environment had to lean strongly toward one party to make it likely that an incumbent would lose. This didn’t happen. Instead, the Democratic and Republican candidates for Senate got about the same share of the vote nationwide when you tally up all of the races.

    Indeed, it was a historically close election nationally. The cumulative nationwide Senate vote margin will be the closest since at least 1990.

    Interestingly, the fact that not a single Senate incumbent lost seems to be in line with other history made in the 2022 election.

    Like in the Senate, incumbent governors across the board seemed to do historically well. There was just one governor who lost reelection (Steve Sisolak of Nevada). That one loss marks the fewest losses by sitting governors in cycles in which at least 10 of them ran since at least 1948.

    And as in the Senate races, the cumulative vote in gubernatorial races was closer than in any midterm or presidential year since at least 1990 as well.

    It turns out that few voters seemed to want to “throw the bums out” in 2022. Voters actually seemed ready to have a steady hand in government in which incumbency and minimal change was favored. In an era dominated by the presence of former President Donald Trump, that’s certainly notable.

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  • A growing push to fix pulse oximeters’ flawed readings in people of color: ‘This can be dangerous’ | CNN

    A growing push to fix pulse oximeters’ flawed readings in people of color: ‘This can be dangerous’ | CNN

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    CNN
     — 

    As a triple threat of respiratory illnesses – flu, Covid-19 and respiratory syncytial virus, known as RSV – sweeps the United States, emergency departments are using one small tool more than usual to monitor whether a patient needs oxygen: the pulse oximeter.

    “We’re in the midst of a respiratory flood,” said pediatric emergency physician Dr. Joseph Wright, chief health equity officer at the University of Maryland Medical System, which includes 11 hospitals.

    “And the pulse oximeter is used from any age to geriatrics,” he said. “This is a tool that is used on all patients, and right now, as with the height of the pandemic, it’s a tool that is used to assess children with respiratory distress as part of the RSV flood that we’re currently experiencing.”

    But a growing body of research suggests that these devices, which clamp onto a patient’s fingertip to measure their blood oxygen levels, may not work as well on people with dark skin tones.

    The US Food and Drug Administration is mulling over next steps for the regulation of pulse oximeter devices, which may give less accurate readings for people of color. A panel of its Medical Devices Advisory Committee met in November to review clinical data on the issue.

    “For all of us, we would like to have assurance or confidence that the accuracy of the pulse ox reading in children who are melanated or have darker skin tones is reliable,” Wright said. He was not involved in the FDA discussions, but his medical system offered written testimony for the meeting.

    “When I’m assessing a patient, a child, who is in respiratory distress, the pulse ox reading is but one tool. There’s the clinical assessment, obviously, and then other measures of how sick that child is,” he said, but “these devices need to be fixed. It appears that the technology to fix them is known, and the advancement here is to require manufacturers to incorporate this advanced technology.”

    Pulse oximeters work by sending light through your finger; a sensor on the other side of the device receives this light and uses it to detect the color of your blood. Bright red blood is highly oxygenated, but blue or purplish blood is less so.

    If the device isn’t calibrated for darker skin tones, melanin – which is responsible for the pigmentation of skin, hair and eyes – could affect how the light is absorbed by the sensor, leading to flawed oxygen readings.

    The members of the FDA advisory panel discussed recommendations on when and how to use these devices on people with dark skin, how to improve their accuracy and, until the situation improves, whether the devices should have labels – such as a black box warning, the strongest type of warning for medical device or prescription drug labeling – noting that inaccurate readings may be associated with skin color.

    “The agency considers this a high priority and we will work expeditiously to consider the Panel’s input and determine the appropriate next steps,” FDA spokesperson Shauna Nelson wrote in an email to CNN. “We will communicate any significant new information publicly.”

    Meanwhile, the American Medical Association adopted a policy last month calling for the FDA to ensure that pulse oximeters provide accurate and reliable readings for people of all skin colors.

    “Concerns about the accuracy of pulse oximeters in pigmented skin have been noted for more than 30 years, yet Black and Brown communities are still facing adverse health impacts from these devices – particularly during the COVID-19 pandemic when use of and reliance on pulse oximeters increased,” AMA President-elect Dr. Jesse Ehrenfeld said in a statement.

    “We urge the FDA to take swift action to address the growing uncertainty around these devices, including making sure health care professionals are aware of their limitations and increase testing of devices that were already cleared by the agency, to ensure the health and safety of the public.”

    Rekha Hagen told the FDA advisory panel during its meeting that she has seen a pulse oximeter give different readings for various members of her family, based on their skin tones.

    Speaking as a member of the patient and family advisory council at the Hospital of the University of Pennsylvania, Hagen said that she is an Indian woman, her skin tone differs from her husband’s, who is White, and from those of their three children.

    “In other words, we are many shades of brown and white,” she said.

    “It’s very important to have an accurate reading because people are acting, or not acting, on this information. For example, if your thermometer says you have a temp of 105, you would treat it differently from a temperature of 101,” Hagen said. “I think of the pulse oximeter reading in the same way. And frankly, if the reading was acceptable, I would not go to the hospital or seek help. Of course this can be dangerous.”

    Ultimately, the pulse oximeter can estimate the amount of oxygen a person has in their blood without the need for a blood sample.

    But on a person with darker skin, the oximeter could indicate that oxygen levels are normal, suggesting that the person may be discharged from a hospital or may not need oxygen support – when a blood sample might show that, in fact, their oxygen levels are low, suggesting that they need additional care and oxygen.

    Hagen asked the panel, “Since we have many skin tones in our immediate family, who would we use this device on?

    “As for current solutions for the FDA, perhaps you could have a skin tone color chart on the box whereby you are advised not to use the product if you are darker than a certain skin tone or sell the oximeter behind the pharmacy counter so that the pharmacist can explain usage to the patient,” she said. “The FDA has time to fix this communication. They should start now.”

    In order to resolve the core issue of flawed pulse oximeter readings, the FDA must expand premarket testing of the devices to include people with a broad array of skin colors, Dr. Ealena Callender of the National Center for Health Research said during the meeting.

    The FDA now recommends that every clinical study of pulse oximeters include participants who vary in age and gender, with a range of skin pigmentation, of which at least two people or 15% of the group – “whichever is larger,” the FDA guidance indicates – have dark skin.

    “This is woefully inadequate,” Callender said.

    She added that “dark skin” tends to be subjective, and there is a need for objective tools to make that call.

    “Only objective tools for assessment of skin pigmentation should be used in studies of how it affects pulse oximetry measurements,” Callender said, explaining that many variations in hue and other contributing factors make subjective assessments less accurate.

    “In general, inaccuracies related to skin pigmentation increase as the level of oxygenation decreases. Clinically, this means sicker patients are less likely to get an accurate reading, and are therefore less likely to get appropriate care,” she said. “The FDA should require more scrutiny to minimize bias in medical devices so they are accurate and reliable for everyone.”

    The FDA panel discussed certain skin color charts, descriptors and scales that have been used in medicine to determine a person’s skin tone, but those too can be subjective. None of those scales indicates how much melanin a person has in their skin.

    There are technologies, such as spectrophotometry, that can measure how much a chemical substance absorbs light and provide an objective measurement of melanin in the skin, but such spectrophotometers in the lab can cost thousands of dollars.

    All pulse oximeters need to be calibrated in humans in order for the optical signals used in the device to translate and produce an accurate oxygen saturation reading, Dr. Philip Bickler, professor and director of hypoxia research laboratory at the University of California, San Francisco, who has been studying pulse oximeters, said during the FDA panel meeting. Researchers at UCSF are working on a project called the Open Oximetry Project to improve equity in oximetry.

    “You can imagine that if all the calibration procedures are done in subjects with low skin melanin, you produce one marker that would produce pulse oximeters that would be accurate in individuals with lightly pigmented skin – and what has become apparent is that it’s been insufficient to account for the presence of melanin,” he said.

    “Now, you could do another calibration for subjects with darkly pigmented skin and you would get a different calibration curve,” he said. “So that is possible – and almost 20 years ago, we advocated for something like that.”

    Pulse oximeters were invented in 1974, and a body of research – dating to the 1980s – suggests that flawed pulse oximeter readings among Black and brown patients can be a real and life-threatening issue in medical care.

    This difference in how pulse oximeters perform for people with dark skin tones compared with those who have fair skin can drive racial disparities in the care patients receive.

    “This is distinct from some of the other race-based inequities that we’re currently tackling in health care. This one is really clear. It’s very straightforward what the scientific solution is,” the University of Maryland Medical System’s Wright said. “Here is an example where we have a very clearly defined biologic reason for why the infrared wavelengths of light don’t penetrate to detect oxygenation in folks with melanin as opposed to those without.”

    Another distinction: There has been evidence of colorism, or prejudices or discrimination against people with darker skin tones, playing a role in racial biases and the medical care some people get. Historically in medicine, medical data has involved a person’s race and not their skin color. Yet there are both light-skinned and dark-skinned Black people, Asians, Pacific Islanders, Native Americans and Hispanic people, and within each of those racial and ethnic groups, skin tone could play a role in biases in medical care.

    But the focus on specific skin tones – not race – when addressing the risk of inaccurate pulse oximeter readings appears to be “rooted in a very real desire to avoid medicine’s long and deeply appalling history” of disparities that arise when Black and brown communities are not provided the same quality of care as White populations, said Dr. Theodore J. Iwashyna, professor of pulmonary and critical care medicine, and of health policy and management, at Johns Hopkins University.

    The greater error rate in pulse oximeters for people with dark skin “is a prime example of valuing Black lives less,” said Iwashyna, who has studied how racially biased oxygen readings could put patients at risk.

    “There is a potential profound crisis that paying attention to these racial differences has made visible, in a ubiquitous device, that is disproportionately hurting Black patients,” he said. “And if attending to that difference can yield a set of monitoring devices that allow us to more safely and effectively care for all patients, including Black patients, that seems great.”

    In October, Iwashyna and two other researchers at the University of Michigan – Dr. Michael Sjoding and Dr. Thomas Valley – wrote an editorial, published in the American Journal of Respiratory and Critical Care Medicine, calling for the FDA to require pulse oximeter manufacturers to report how their devices perform in patients from diverse racial backgrounds. They wrote that the focus should remain on racial differences in accuracy until skin tone has been confirmed as “the underlying mechanism” for those discrepancies.

    “There are clearly these differences by race. And I think, as you read the historical record over the last 30 years, the reason those differences in accuracy were tolerated for so long is not because of physiology but because of a social valuation as to which patients these devices were less accurate in, and whether that was considered an unacceptable error,” Iwashyna said.

    At this point, he added, conversations should focus on fixing pulse oximetry inaccuracy in sick patients rather than the specific skin tones affected by the error.

    “We could just fix the damn problem,” he said. “Let’s build devices that work better and are calibrated across our entire population. We know, from NASA’s work in the 1960s, that this is possible – just it has not been done.”

    In response to the discussion, the makers of some pulse oximeters have reported that their studies show no evidence of racial biases in the accuracy of their devices.

    Studies of Medtronic’s Nellcor pulse oximeters found that they reported blood oxygen levels that were within 2% of participants’ drawn-blood oxygen levels – regardless of skin color, Dr. Sam Ajizian, chief medical officer of patient monitoring at Medtronic, said in an emailed statement to CNN.

    “Still, the data shows a small statistical discrepancy between results for those with light pigmentation and patients with darker skin pigmentation,” Ajizian said.

    “Medtronic is seeking to make improvements in our devices based on a greater understanding of the impact skin pigmentation has on pulse oximetry readings,” he said. “Through better information-sharing and an industry-wide commitment to continued innovation, we are advocating for improvements in the methods we use to validate pulse oximeters, including standardization of how we assess skin pigmentation and an increase in representation of patients with darker skin pigmentations in clinical trials.”

    The medical technology company Masimo had similar sentiments.

    “We have also calibrated and validated our oximeters using almost equal numbers of dark-skinned and light-skinned individual volunteers. We support prospective clinical studies, patient studies, on this topic, and we are pursuing these now,” Dr. William Wilson, Masimo’s chief medical officer, told the FDA advisory panel.

    “Masimo supports raising the standard on requirements for the percentage of dark-skinned subjects used in calibration and validation studies,” he said. “We also believe it is important that the FDA regulates and applies similar oversight recommendations on all pulse oximeters, including those sold directly to consumers.”

    Some experts worry that these studies of pulse oximeter devices in labs among healthy volunteers, as many manufacturers have done, might not be predictive of how the devices perform in medical centers among sick patients, indicating a need for more real-world data.

    “The lab studies were really small,” Iwashyna said. “And maybe if the things worked for everybody, we wouldn’t have to spend forever trying to figure out which people they don’t work for, because they just work for everybody.”

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  • What a 51-49 Senate majority means for Democrats | CNN Politics

    What a 51-49 Senate majority means for Democrats | CNN Politics

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    CNN
     — 

    Democratic Sen. Raphael Warnock will win Georgia’s Senate runoff, CNN projects, allowing Democrats to secure a slim 51-49 majority over Republicans in the chamber. Democrats will have significant governing advantages compared to the 50-50 split in the current Congress, during which a power-sharing agreement gives Republicans considerable leverage over Democrats despite being in the minority.

    • Democrats will hold majorities in each committee, allowing them to process legislation and nominations much faster. Democrats will also enjoy bigger staffs and budgets, giving them more ability to carry out committee work. Committees are currently evenly split – as are the resources – allowing Republicans to slow the pace of nominees they oppose. When a choice deadlocks in committee, Democrats must take time-consuming steps to discharge that person from committee and allow a floor vote. In one instance earlier this year, Republicans used Banking Committee rules to prevent a vote from even taking place by boycotting committee sessions, ultimately forcing President Joe Biden to withdraw a nominee for the Federal Reserve. Tuesday’s result will also free up additional floor time for Senate Majority Leader Chuck Schumer to use toward other nominees and Democratic priorities.
    • Democrats will have stronger power to issue subpoenas. They will no longer need bipartisan support to issue subpoenas so they can bypass GOP opposition to using these key tools. This could increase the power and number of Democratic-led investigations.
    • Centrist Democrats may not hold as much power over Democrats’ agenda. A two-seat majority margin gives Schumer more breathing room to pass legislation without needing support from all members of his caucus – like West Virginia Sen. Joe Manchin and Arizona Sen. Kyrsten Sinema, moderates who will both be up for reelection in 2024. The two held enormous power in the 50-50 Senate.
    • Filling a Supreme Court vacancy could be easier. The two-seat margin could also become critical if there were to be a Supreme Court vacancy as only a majority is needed to confirm a justice to that post, allowing Schumer to lose one vote.
    • Harris might not be needed as often on the Hill. Democrats likely won’t have to rely as heavily on Vice President Kamala Harris to break tie votes on nominations and legislation, something she’s done 26 times so far in the current 50-50 Senate, the most by any vice president in modern times.

    This headline and story have been updated with additional developments.

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  • Congress faces time crunch on government funding and sweeping defense policy bill | CNN Politics

    Congress faces time crunch on government funding and sweeping defense policy bill | CNN Politics

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    CNN
     — 

    Lawmakers on Capitol Hill are scrambling to try to fund the government and pass a sweeping defense policy bill before a new Congress is sworn in, but there are signs that both sides have struggled to reach agreement over these key outstanding issues.

    Government funding expires at the end of next week on December 16 – and it appears all but certain that lawmakers will have to pass a short-term extension as they try to reach a broader full-year funding agreement.

    Separately, the House has been expected to take up the National Defense Authorization bill for fiscal year 2023 this week, but it’s not yet clear when a vote will take place amid questions over whether certain controversial policy provisions will be included in the legislation – like eliminating a Covid-19 vaccine mandate for the military. Once the House has passed the bill, it would next have be taken up by the Senate.

    Senate GOP leader Mitch McConnell warned on Tuesday that rather than passing a full-year funding bill, lawmakers may have to pass a short-term stop-gap measure to kick the can into early next year. This would set up a huge funding fight and create fears of a government shutdown early in the new Congress, when Republicans will take control of the House and would have to cut a deal with Democrats who run the Senate.

    On government funding legislation, McConnell said: “We don’t have agreement to do virtually anything, which can only leave us with the option of a short-term CR into early next year,” referring to a short-term bill known as a continuing resolution.

    He added: “We don’t even have an overall agreement on how much we’re going to spend, and we’re running out of time.”

    Despite the threat of a stop-gap, Senate Majority Leader Chuck Schumer reiterated on Tuesday that senators are “working very hard” to reach a deal to fully fund the government before the upcoming deadline, but acknowledged that “there’s a lot of negotiating left to do.”

    Senate Republican Whip John Thune signaled Tuesday that he doesn’t have a “high level of confidence” both parties will be able to reach a deal on an omnibus government funding bill, as time is running short to pass that massive bill.

    “I don’t have a high level of confidence because I’m looking at the calendar,” the South Dakota Republican said. “It’ll be a very heavy lift, but who knows? I guess I would say is, you know, bring your Yuletide carols and all that stuff here because we may be singing to each other.”

    McConnell complained Tuesday that Democrats were preventing quick passage of the National Defense Authorization Act by trying to add unrelated items at the last minute that Republicans oppose.

    “Senate Democrats are still obstructing efforts to close out the NDAA by trying to jam in unrelated items with no relationship whatsoever to defense. We’re talking about a grab bag of miscellaneous pet priorities,” McConnell said in remarks on the Senate floor.

    “My colleagues across the aisle need to cut their unrelated hostage taking and put a bipartisan NDAA on the floor,” he added.

    Lawmakers released text of an agreement for the NDAA Tuesday night.

    The summary, released by the Senate Armed Services Committee, said it “requires the Secretary of Defense to rescind the mandate that members of the Armed Forces be vaccinated against COVID-19.”

    CNN reported earlier this week that the mandate was likely to be rescinded as part of the defense policy bill.

    In a tweeted statement Tuesday night, House GOP leader Kevin McCarthy said that “the end of President Biden’s military COVID vaccine mandate is a victory for our military and for common sense.”

    House Majority Leader Steny Hoyer, a Maryland Democrat, said earlier Tuesday that the House was considering eliminating the Covid-19 vaccine mandate for military members in order to gather enough Republican votes to pass the annual defense authorization. Republicans have said they will not support the NDAA with the vaccine mandate in place.

    Hoyer said at his weekly pen and pad with reporters that Democrats were not “willing” to give up the mandate, but that a compromise is required to get the NDAA across the finish line.

    “We’re not willing to give it up. This is not a question of will; it’s a question of how can we get something done? We have a very close vote in the Senate, very close vote in the House. And you just don’t get everything you want,” he said.

    Thune said of the defense policy bill, “I think the ransom the Democrats wanted for stripping the vaccine mandate is a whole bunch of things to include the permitting reform, but also some other things that are just going to be non-starters on our side, and I don’t think we’re going to get in the business of, you know, allowing them to hold us hostage.”

    This story has been updated with additional developments.

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  • Power may be back for thousands on Wednesday night as authorities continue to go through tips on electric substation attack | CNN

    Power may be back for thousands on Wednesday night as authorities continue to go through tips on electric substation attack | CNN

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    CNN
     — 

    The tens of thousands of customers in central North Carolina who haven’t had power since two weekend attacks on utility substations should see the lights come on by late Wednesday, a spokesperson for Duke Energy said at a news conference.

    The two substations in Moore County were damaged by gunfire Saturday night in what investigators believe were “intentional” and “targeted” attacks, officials said, with Moore County Sheriff Ronnie Fields saying that whoever fired at the substations “knew exactly what they were doing.”

    Duke Energy, which has has about 47,000 customers in Moore County, has made “very good progress” since Saturday and moved up its restoration timeline by a day, saying it expects most customers to have power restored by late Wednesday.

    “That will not happen all at once,” Duke Energy spokesperson Jeff Brooks said Tuesday afternoon. “You will see waves of customers coming on. A few thousand at a time.”

    He said new equipment has been installed but it needs to be calibrated and tested so that it works in sync with the grid.

    About 35,000 customers in Moore County remained without power Tuesday afternoon, according to Brooks.

    The mayor of Southern Pines called the attack a cruel and selfish act.

    “There are so many people that are hurting,” Mayor Carol Haney said on CNN on Monday. The revenue stream has been stopped. If you have health issues, it is critical. It is just a horrible, horrible, terrorist, in my opinion, act.”

    No suspects or motives have been announced.

    At Tuesday’s news conference, Moore County Chief Deputy Richard Maness had no major updates about the investigation but said a tip line has been “very, very active” in the past 24 hours.

    Tom McInnis, the North Carolina Senate Majority Whip whose district includes Moore County, told reporters he is looking at potential legislation to modernize penalties for this kind of incident, which he said is something that has never happened in North Carolina.

    The outages have made life difficult for residents. Schools will be closed through Thursday, four days with no classes. Businesses without generators are shuttered. Residents without power must leave their homes for hot food and to charge their electronic devices.

    The owner of a Moore County pharmacy is storing medicines in his home, which is powered by a generator, so that people can continue to get their prescriptions, he said.

    Rob Barrett, the owner of Whispering Pines Prescription Shoppe, believes he has enough gas to keep the generator running, but the pharmacy faces other issues: Some employees have no gas to get to work, and there are communication issues.

    In rural areas of the county, the loss of electricity has also impacted the water supply to families.

    “Rural communities rely on electricity a lot more than people realize,” Andrew Wilkins, whose parents own a farm in Whispering Pines, told CNN. “Many big cities don’t lose their water when the power goes out, but a lot of rural areas rely on a well for water.

    “My family draws their water from a well, so when the power goes out, the well stops and the water pressure drops and we slowly lose water.”

    Southern Pines, a town of about 15,900 residents roughly a 40-mile drive northwest of Fayetteville and a 70-mile drive southwest of Raleigh, lost all power, according to the mayor. Haney said she had to get her 98-year-old mother out of the town and to Charlotte so she could be in a warm home.

    With the power out, the town’s water and sewer system is operating on generator power, according to Southern Pines Fire and Rescue.

    The town’s fire department has seen an increase in car crashes related to the lack of traffic lights, and more fires as people try to find alternate ways to heat their homes, Southern Pines Fire Chief Mike Cameron told CNN.

    The fire department also is getting more medical calls from people using supplemental oxygen or other medical devices that require power, Cameron said.

    FirstHealth Moore Regional Hospital in Pinehurst is running on a backup generator. However, the hospital is postponing certain elective procedures, and family medicine and other clinics in the country will be closed until power service is restored, hospital officials said in a news release Sunday.

    Investigators are “leaving no stone unturned to find out who did this,” North Carolina Gov. Roy Cooper told “CNN This Morning” on Tuesday. FBI and state investigators have joined the investigation.

    “This was a malicious, criminal attack on the entire community that plunged tens of thousands of people into darkness,” Cooper said.

    “Our priorities now are health and safety, getting the power back on as quickly as possible, and making sure that federal, state and local law enforcement find out who did this, and why, and bring them to justice.”

    Several communities across the county began experiencing power outages just after 7 p.m. Saturday, the Moore County Sheriff’s Office said.

    Whoever fired bullets at the substations “knew exactly what they were doing,” Moore County Sheriff Ronnie Fields said Sunday.

    Fields on Sunday noted “no group has stepped up to acknowledge or accept they’re the ones who (did) it.”

    Investigators were trying to determine whether both substations were fired at simultaneously, or one after the other, the sheriff said Monday.

    A countywide mandatory curfew from 9 p.m. until 5 a.m. has been in effect since Sunday night, with Fields saying the decision was made to protect residents and businesses.

    Residents fill gas containers Monday just outside the area impacted by the power outage.

    The governor stressed Tuesday that the state needs to learn from the incident, saying “this is unacceptable to have this many people without power for this long.”

    “This is a retirement community, so there are a lot of adult care homes that do not have power,” Cooper told CNN on Tuesday. “We’re providing generators and help to make sure people are safe here.”

    The country needs to have “a serious … conversation about protecting our critical infrastructure,” Cooper said.

    “It was clear that (whoever is behind the gunfire) knew how to cause significant damage, and that they could do it at this substation, so we have to reassess the situation,” Cooper said.

    Officials are not disclosing whether there were cameras at the two affected substations, because that is “part of the investigation that they do not want to reveal at this time,” Cooper said.

    Less than two weeks before Saturday’s substation damage, the FBI said there had been an increase in reported threats to electric infrastructure from people who espouse “racially or ethnically motivated violent extremist ideology.”

    The FBI has received reports of threats to electric infrastructure by people espousing racially or ethnically motivated extremist ideology “to create civil disorder and inspire further violence,” the FBI said in a November 22 bulletin sent to private industry, which CNN obtained.

    Though the motives for Saturday’s damage still are unclear, US officials have consistently been concerned by the interest violent extremists have shown in the country’s electric grid.

    Cooper said Tuesday he was aware of the FBI warning.

    “Matter of fact, we have worked to organize and step up our protection of our infrastructure, particularly in the area of cyber security. We know that those attacks can be massive and put down power or water or other infrastructure for a lot of people across the country, so we’ve been working on that,” Cooper said.

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  • Alito’s mentions of Ashley Madison and children wearing KKK costumes cap an awkward Supreme Court day | CNN Politics

    Alito’s mentions of Ashley Madison and children wearing KKK costumes cap an awkward Supreme Court day | CNN Politics

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    CNN
     — 

    As the Supreme Court gathered for more than two hours on Monday to discuss whether a graphic designer can refuse to do business with same-sex couples, the justices somehow strayed into dueling hypotheticals concerning Black and White Santas and dating websites.

    Hypotheticals are nothing new at the high court as the justices probe how cases before the court could impact different challenges down the road. But Monday’s hypothetical was unusually awkward, with a reference to children wearing a Ku Klux Klan outfit to visit Santa Claus.

    It all began when Justice Ketanji Jackson expressed some alarm about the extent of arguments put forward by the graphic designer, Lorie Smith, who wants to expand her business to celebrate marriages, but does not want to work with same-sex couples out of religious objections to same-sex marriage.

    “Can I ask you a hypothetical that just sort of helps me flesh” this out, Jackson asked a lawyer for the designer.

    Jackson wanted to know about a photography business in a hypothetical shopping mall during the holiday season that offers a product called “Scenes with Santa.” She said the photographer wants to express his own view of nostalgia about Christmases past by reproducing 1940s and 1950s Santa scenes in sepia tone.

    “Their policy is that only White children can be photographed with Santa,” Jackson said and noted that according to her hypothetical, the photographer is willing to refer families of color to the Santa at “the other end of the mall” who will take anybody, and they will photograph families of color.

    Jackson asked Kristen Waggoner, Smith’s lawyer, “why isn’t your argument that they should be able to do that?”

    Waggoner finally said that there are “difficult lines to draw” and said that the Santa hypothetical might be an “edge case.”

    That drew incredulity on the part of liberal Justice Elena Kagan.

    “It may be an ‘edge case’ meaning it could fall on either side, you’re not sure?” she asked.

    Jackson returned to her query later and expanded it. She said her hypothetical photographer is doing something akin to the movie “It’s a Wonderful Life” and wants it to be “authentic” so that only White children could be customers.

    Waggoner suggested that in the case at hand the “message wins,” but never really explained what she meant.

    Artist explains why she thinks she shouldn’t have to work with same-sex couples

    When a lawyer for Colorado stood up to defend the state’s anti-discrimination law, Justice Samuel Alito chimed in.

    He wanted to know if a Black Santa at the other end of the mall doesn’t want to have his picture taken with a child who’s dressed up in a Ku Klux Klan outfit whether the Black Santa has to do it?

    Colorado Solicitor General Eric Olson replied that there is no law that protects a right to wear a KKK outfit.

    That spurred Kagan to jump in, noting that objection would be based on the outfit, not whether it was worn by a Black or a White child.

    Alito then uttered an extremely awkward aside that could have been an attempted joke gone astray. “You do see a lot of Black children in Ku Klux Klan outfits, right? All the time.”

    At another point in arguments Alito was posing a set of hypotheticals and again engaged Kagan – his seat mate – as he searched for how the case at hand could impact other cases.

    He was referring to a “friend-of-the-court” brief filed by lawyer Josh Blackman on behalf of the Jewish Coalition for Religious Liberty in support of Smith. The aim of the brief is to discuss problematic situations for Jewish artisans who object to speaking out about certain topics. A series of hypotheticals was included to show instances in which a Jewish artist would be compelled to betray his conscience.

    “An unmarried Jewish person asks a Jewish photographer to take a photograph for his JDate dating profile,” Alito began, referring to a hypothetical in the brief.

    He paused. “It’s a dating service, I gather, for Jewish people,” Alito said.

    Kagan, who is Jewish, chimed in to laughter, “It is.”

    Alito decided to plow awkwardly forward with another hypothetical from Blackman’s brief .

    “All right. Maybe Justice Kagan will also be familiar with the next website I’m going to mention,” he said. “A Jewish person asks a Jewish photographer to take a photograph for his Ashleymadison.com dating profile.”

    The audience laughed as Ashleymadison.com appears to refer to an online dating service and social networking services marketed to people who are married or already in relationships.

    It was another awkward moment with Alito adding: “I’m not suggesting that – she knows a lot of things. I’m not suggesting – okay … Does he have to do it?”

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  • DOJ antitrust regulators should look at Apple, Google’s handling of TikTok, says FCC commissioner | CNN Business

    DOJ antitrust regulators should look at Apple, Google’s handling of TikTok, says FCC commissioner | CNN Business

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    Washington
    CNN Business
     — 

    Apple and Google’s continued hosting of TikTok on their app stores, despite US national security concerns about the short-form video app, reflects the tech giants’ “gatekeeper” power and should be made part of any antitrust reviews the app stores may face, a member of the Federal Communications Commission wrote to the Justice Department last week.

    The previously unreported letter — sent on Dec. 2 to DOJ antitrust chief Jonathan Kanter and obtained by CNN — said that continuing to make TikTok available on the app stores risks harming consumers, whose personal information US officials have worried may be being fed to the Chinese government.

    Beyond possible consumer harm, TikTok’s continued presence on app stores also undercuts Apple and Google’s arguments that their dominance in app distribution leads to better user security and privacy, FCC Commissioner Brendan Carr wrote in the letter.

    It’s the latest attempt by Carr, a top Republican at the FCC, to pressure Apple and Google to remove TikTok. Last month, Carr called for the US government to ban TikTok over the bipartisan concerns that China could wield its influence over TikTok’s parent, ByteDance, to gain access to US user data or to disseminate propaganda and disinformation. Now, Carr is trying a new tack by framing the TikTok matter as an antitrust issue.

    “Apple and Google are not exercising their ironclad control over apps for the altruistic or procompetitive purposes that they put forward as defenses to existing antitrust or competition claims,” Carr wrote. “Instead, their conduct shows that those rationales are merely pretextual — talismanic references invoked to shield themselves from liability.”

    DOJ’s Antitrust Division should consider that “to the extent that it assesses the reasonableness of Apple’s and Google’s anticompetitive actions,” Carr added.

    Google declined to comment. Apple the Justice Department didn’t immediately respond to a request for comment.

    The FCC does not regulate app stores or social media, focusing instead on telecommunications and traditional media such as radio and television broadcasters and cable operators. But Carr has become the most vocal commissioner to speak out on TikTok, drawing what he’s said are lessons from the FCC’s own decisions to block Huawei, ZTE and other telecom companies with ties to China from the US market.

    His remarks also echo those by prominent lawmakers of both parties, including Virginia Democratic Sen. Mark Warner and Florida Republican Sen. Marco Rubio, who together lead the Senate Intelligence Committee.

    Carr’s call comes as Apple and Google’s critics have increasingly sought to apply the nation’s antitrust laws against the tech giants. Third-party software developers have long alleged that Apple and Google’s app store fees and rules are monopolistic and anticompetitive. A high-profile 2020 lawsuit along those lines brought by Epic Games, the maker of video game “Fortnite,” has so far proven largely unsuccessful, though an appeal is pending.

    More recently, Apple’s conservative critics have accused the company of abusing “monopoly” power by allegedly threatening to remove Twitter from its app store — a claim that Twitter’s new owner Elon Musk has made without evidence and that he says has since been resolved thanks to a conversation with Apple CEO Tim Cook. Apple has not commented on Musk’s allegation or purported exchange with Cook.

    For years, TikTok has been negotiating with the Committee on Foreign Investment in the United States, a multi-agency US government panel charged with reviewing the national security implications of foreign investment deals, to arrive at an agreement to allow TikTok to operate in the US market despite the security concerns.

    TikTok has said Project Texas, its plan to migrate US user data exclusively to cloud servers hosted by Oracle, is a core part of the solution. Last week, TikTok CEO Shou Zi Chew said at a conference hosted by the New York Times that “no foreign government has asked us for user data before, and if they did, we would say no.”

    In congressional testimony, TikTok has said it maintains robust data controls but has sought to sidestep questions about its parent company and declined to stop letting China-based employees access US users’ data.

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  • Sky-high Black turnout fueled Warnock’s previous win. Will Georgia do it again? | CNN Politics

    Sky-high Black turnout fueled Warnock’s previous win. Will Georgia do it again? | CNN Politics

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    Atlanta
    CNN
     — 

    Former UN Ambassador Andrew Young rode his scooter alongside Democratic Sen. Raphael Warnock, Martin Luther King III and a fervent crowd of marchers on a recent Sunday through a southwest Atlanta neighborhood. The group stopped at an early polling location to vote, forming a line with some waiting as long as one hour to cast their ballots.

    At the age of 90, Young says he is selective about public appearances but felt the “Souls to the Polls” event was one where he could motivate Black voters in Tuesday’s hotly contested US Senate runoff between Warnock and Republican challenger Herschel Walker – a historic matchup between two Black men.

    Community leaders and political observers say the Black vote has consistently played a pivotal role in high-stakes races for Democrats, including in 2021, when Warnock defeated then-Sen. Kelly Loeffler in a runoff. Black voters likely to cast a ballot are near unanimous in their support for the Democrat (96% Warnock to 3% Walker), according to a CNN poll released last week that showed Warnock with a narrow lead.

    A second runoff victory for Warnock could once again hinge on Black voter turnout in a consequential race. If Warnock wins, it would give Democrats a clean Senate majority – one that doesn’t rely on Vice President Kamala Harris’ tie-breaking vote and allows Majority Leader Chuck Schumer more control of key committees and some slack in potentially divisive judicial and administrative confirmation fights.

    Voting, Young said, is the “path to prosperity” for the Black community. He noted that Atlanta’s mass transit system and economic growth have been made possible by voters.

    “Where we have voted we have prospered,” Young said.

    The rally led by Young, King and Warnock seems to have set the tone for many Black voters in Georgia. Early voting surged across the state last week with long lines reported across the greater Atlanta area. As of Sunday, more than 1.85 million votes had already been cast, with Black voters accounting for nearly 32% of the turnout, according to the Georgia Secretary of State’s Office. The early voting period, which was significantly condensed from 2021, ended on Friday.

    Billy Honor, director of organizing for the New Georgia Project Action Fund, said the Black turnout so far looks promising for Democrats.

    “When we get Black voter turnout in any election statewide that’s between 31 and 33%, that’s usually good for Democrats,” Honor said. “If it’s between 27 and 30%, that’s usually good for Republicans.”

    Honor added: “This has an impact on elections because we know that if you’re a Democratic candidate, the coalition you have to put together is a certain amount of college-educated White folks, a certain amount of women overall, as many young people as you can get to turn out – and Black voters. That’s the coalition. (Former president) Barack Obama was able to smash that coalition in 2008 in ways we hadn’t seen.”

    Young said he believes that Black voters are more likely to show up for runoff elections, which historically have lower turnout than general elections, when the candidate is likeable and relatable.

    Warnock is a beloved figure in Atlanta’s Black community who pastored the church once led by Rev. Martin Luther King Jr. He grew up in public housing and relied on student loans to get through college.

    Young said Warnock’s story is inspiring.

    “He is an exciting personality, he’s a great preacher,” Young said. “He speaks from his heart and he speaks about how he and his family have come up in the deep South and developed a wonderful life.”

    Young said some Black voters may also be voting against Walker, who has made a series of public gaffes, has no political experience and has a history of accusations of violent and threatening behavior.

    Last week’s CNN poll showed that Walker faces widespread questions about his honesty and suffers from a negative favorability rating, while nearly half of those who back him say their vote is more about opposition to Warnock than support for Walker.

    Views of Warnock tilt narrowly positive, with 50% of likely voters holding a favorable opinion, 45% unfavorable, while far more likely Georgia voters have a negative view of Walker (52%) than a positive one (39%).

    Still, Walker is famous as a Heisman Trophy-winning football star from the University of Georgia. And among the majority of likely voters in the CNN poll who said issues are a more important factor to their vote than character or integrity, 64% favor Walker.

    He campaigned on Sunday with, among others, GOP Sen. Tim Scott of South Carolina, one of just three Black senators currently serving in the chamber. Scott tried to tie Warnock to President Joe Biden – who, like former President Donald Trump, has steered clear of the Peach State – and reminded voters in Loganville of the GOP’s losses in the 2021 runoffs.

    At the event, which began with prayers in Creole, Spanish and Swahili from speakers with Ralph Reed’s Faith and Freedom Coalition, Walker encouraged getting out to vote more than he typically does.

    “If you don’t have a friend, make a friend and get them out to vote,” Walker said.

    Back at the “Souls to Polls” march, some Black voters said they were excited to show up and cast their early votes in the runoff race.

    Travie Leslie said she feels it is her “civic duty” to vote after all the work civil rights leaders in Atlanta did to ensure Black people had the right to vote. Leslie she does not mind standing in line or voting in multiple elections to ensure that a quality candidate gets in office.

    “I will come 12 times if I must and I encourage other people to do the same thing,” Leslie said Thursday while at the Metropolitan Library polling location in Atlanta. “Just stay dedicated to this because it truly is the best time to be a part of the decision making particularly for Georgia.”

    Martin Luther King III credited grassroots organizations for registering more Black and brown voters since 2020, when Biden carried the state, and mobilizing Georgians to participate in elections.

    Their work has led to the long lines of voters in midterm and runoff races, King said.

    King said he believes Warnock also appeals to Black voters in a way that Walker does not.

    “Rev. Warnock distinguishes himself quite well,” King said. “He stayed above the fray and defined what he has done.”

    The Black vote, he said, is likely to make a difference in which candidate wins the runoff.

    “Black voters, if we come out in massive numbers, then I believe that on December 6 we (Democrats) are going to have a massive victory,” King said.

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  • FBI joins investigation into North Carolina power outage caused by ‘intentional’ attacks on substations as officials work to determine a motive and suspect | CNN

    FBI joins investigation into North Carolina power outage caused by ‘intentional’ attacks on substations as officials work to determine a motive and suspect | CNN

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    CNN
     — 

    With no suspects or motive announced, the FBI is joining the investigation into power outages in a North Carolina county believed to have been caused by “intentional” and “targeted” attacks on substations that left around 40,000 customers in the dark Saturday night, prompting a curfew and emergency declaration.

    The mass outage in Moore County turned into a criminal investigation when responding utility crews found signs of potential vandalism of equipment at different sites – including two substations that had been damaged by gunfire, according to the Moore County Sheriff’s Office.

    “The person, or persons, who did this knew exactly what they were doing,” Moore County Sheriff Ronnie Fields said during a Sunday news conference. “We don’t have a clue why Moore County.”

    Fields said multiple rounds were fired at the two substations. “It was targeted, it wasn’t random,” he said.

    The sheriff would not say whether the criminal activity was domestic terrorism but noted “no group has stepped up to acknowledge or accept they’re the ones who [did] it.”

    Authorities announced a mandatory curfew from 9 p.m. until 5 a.m., starting Sunday night, with Fields saying the decision was made to protect residents and businesses.

    In addition to the FBI, the North Carolina State Bureau of Investigation has joined the investigation, officials said.

    More than 33,000 customers were still in the dark across the county Sunday evening, the Duke Energy outage map showed. For some, the outage may stretch into Thursday, officials said, upending life for tens of thousands.

    All schools in the county will be closed Monday and authorities have opened a shelter running on a generator.

    Traffic lights are also out, and while a few stores with generators were able to open their doors, several businesses and churches in Moore County were closed Sunday, CNN affiliate WRAL reported.

    “We were just getting over Covid. And now this,” the sheriff said, adding, “It’s gonna hurt all of our restaurants and businesses.”

    Inside people’s homes, it’s become difficult to keep the cold out.

    “We have a six-month-old baby in the house. We’re out of heat. We are trying to get heat for her,” Carthage resident Chris Thompson told WRAL.

    Chilly temperatures, with lows in the 30s, were expected in the area overnight Sunday with highs in the 50s and a chance of rain expected Monday, according to the National Weather Service. Moore County is in central North Carolina, about 50 miles northwest of Fayetteville.

    Mapbox

    The estimated cost of the substation damage is in the millions, the sheriff said Sunday.

    The damage has been significant and rerouting power isn’t an option, said Jeff Brooks, principal communications manager for Duke Energy.

    Damage to the gate to the Duke Energy West End substation is seen Sunday in Moore County.

    “Equipment will have to be replaced,” Brooks said. “We’re pursuing multiple paths of restoration so that we can restore as many customers as quickly as possible. Recognizing that, we are looking at pretty sophisticated repair with some fairly large equipment.”

    In addition to the gunfire damage at the substations, a gate at one of the locations appears to have been taken off its hinges, Asst. Chief Mike Cameron of the Southern Pines Fire and Rescue Department told CNN.

    While it’s unclear what motivated the alleged vandalism, the sheriff on Sunday addressed rumors circulating on social media that the attack was an attempt to thwart a local drag show.

    Fields said investigators “have not been able to tie anything back to the drag show,” which was scheduled in the town of Southern Pines at 7 p.m. Saturday, around the time the power went out.

    Duke Energy workers gather Sunday as they plan how to repair an electrical substation in Carthage, North Carolina.

    The county declared a state of emergency to protect residents and property and maintain public services, authorities said. The countywide curfew is expected to stay in effect nightly while the emergency declaration is in effect.

    “It is going to be very, very dark and it’s going to be chilly tonight, and we don’t need to have anyone out on the streets and that is the reason for our curfew,” North Carolina state Senator Tom McInnis said during the news conference. “Please stay home tonight … the roads are dangerous.”

    The emergency order also encourages residents to conserve fuel.

    With streets in the dark, the area has seen increased emergency calls and vehicle accidents are being reported because traffic lights are out, Cameron told CNN.

    People who rely on oxygen have also placed emergency calls, he added.

    A shelter was opened at the Moore County Sports Complex, and trailers with bathroom and shower facilities are being brought in, Moore County Manager Wayne Vest said.

    As for schools, it’s unclear how long campuses will stay closed. Moore County Superintendent Tim Locklair said decisions regarding school openings for the remainder of the week will be made on a day-by-day basis.

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  • Trump’s call to terminate the Constitution is a fantasy, but it’s still dangerous | CNN Politics

    Trump’s call to terminate the Constitution is a fantasy, but it’s still dangerous | CNN Politics

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    CNN
     — 

    Donald Trump’s call for the termination of the Constitution is his most extreme anti-democratic statement yet and seems oblivious to the sentiments of voters who rejected election deniers in the midterm elections.

    It may also reflect desperation on the part of the former president to whip up controversy and fury among his core supporters in order to inject some energy into a so-far lackluster 2024 White House bid.

    Trump’s comments on his Truth Social network – which should be easy for anyone to condemn – are exposing the familiar moral timidity of top Republicans who won’t disown the former president. But his latest tirade also plays into the arguments of some Republicans now saying that it’s time to move on from Trump’s fixation with the 2020 election.

    And while it is far too early to write off his chances in the 2024 GOP nominating contest, Trump’s behavior since announcing his third presidential bid also suggests his never-ending quest to shock and to fire up his base now means going so far right he ends up on the extremist fringe and almost in self-parody. In the short time he’s been a candidate, he’s expressed support for rioters who stormed the US Capitol on January 6, 2021, and dined with a White nationalist Holocaust denier.

    Gabriel Sterling, the chief operating officer for Georgia’s Secretary of State Office, chuckled at the incredulity of Trump’s claim about the Constitution when it was described by CNN’s Pam Brown on Saturday.

    “It’s ridiculous, it’s insane, to suspend the Constitution. Come on man, seriously?” said Sterling, a Republican who helped oversee Georgia’s election in 2020, when President Joe Biden carried the state. “I think more and more Republicans, Americans are saying, ‘Ok I am good, I am done with this now, I’m going to move on to the next thing.’”

    The most immediate question raised by Trump’s latest controversy is what it says about a presidential campaign that has been swallowed up by one far-right authoritarian sideshow after another.

    Far from barnstorming the nation, making a case on the economy, health care and immigration or outlining a program for the future, Trump has given comfort to zealots and insurrectionists.

    He hosted Kanye West at Mar-a-Lago last month, at a time when the rapper now known as Ye is in the middle of a vile streak of antisemitism and praising Adolf Hitler. The far-right Holocaust denier Nick Fuentes was at also at that dinner. Trump claimed he didn’t know who Fuentes was but the former president still hasn’t criticized his ideology. Last week, Trump, in a fundraising video, praised the mob that invaded the Capitol in the worst attack on US democracy in modern times, again promoting violence as an acceptable response to political grievances.

    His social media assault on the Constitution appears to be proving the point of the House select committee probing January 6, which has portrayed him as a clear and present danger to American democracy and met on Friday to consider criminal referrals to the Justice Department.

    Wyoming GOP Rep. Liz Cheney, vice chair of the committee, tweeted on Sunday: “No honest person can now deny that Trump is an enemy of the Constitution.” Trump’s latest wild social media post could even deepen his legal exposure as the Justice Department seeks evidence of his mindset as it investigates his conduct before the attack on the Capitol.

    Trump’s doubling down on authoritarianism also follows a moment when much of the country, at least in crucial swing states, rejected his 2020 election denialism and anti-democratic chaos candidates he picked for the midterms – with a final test on Tuesday in Georgia’s Senate runoff. It appears to make it even more unlikely that the ex-president, even if he wins the Republican nomination, will be the kind of candidate who could win among the broader national electorate. After all, his message failed in two consecutive elections in 2020 and 2022. And even in the wilder reaches of the GOP, which Trump has dominated since 2015, a call to simply trash the Constitution might seem a stretch – and reflect the former president’s increasing distance from reality.

    One could argue that the most prudent response to Trump’s latest radical rhetoric might be to ignore it and his bid for publicity.

    But even if his idea of crushing the Constitution looks far-fetched, his behavior needs to be taken seriously because of its possible future consequences.

    That’s because Trump remains an extraordinarily influential force in the Republican Party. His acolytes hold outsized power in the new House majority set to take over in January, which they plan to use as a political weapon to promote his restoration in the White House. GOP leader Kevin McCarthy is appeasing this group in an increasingly troubled campaign for speaker. The California Republican also last week shielded Trump over criticism of the Fuentes dinner, saying that while such a person had no place in the party, Trump had condemned him four times – a false claim.

    Furthermore, in an electoral sense, the theory that Republican voters may be willing to move on from Trump – and to find a candidate who may reflect “America First” populism but not dine with antisemites – has not yet been tested. Trump’s claims that the 2020 election was stolen are still broadly accepted among GOP voters – only 24% of whom believe that Biden legitimately won in 2020, according to midterm election exit polls.

    And a GOP primary that includes multiple candidates competing with Trump for the presidential nomination could yet again splinter the vote against the former president and allow him to emerge at the top of a mostly winner-take-all delegate race, a vote that would put a prospective authoritarian who has already tried to dismantle the US system of democracy one step from a return to power.

    Ignoring or downplaying public evidence of extremism and incitement only allows it to become normalized. There is already proof that the ex-president’s rhetoric can cause violence – after he told his supporters to “fight like hell” to save their country on January 6. And the rhetoric of people like West and Fuentes, with whom Trump has associated, risks normalizing odious forces in society that will grow if they are not challenged. Fuentes, after all, has appeared with Republican lawmakers like Georgia Rep. Marjorie Taylor Greene – an increasingly influential voice in the House GOP conference.

    Years of norm crushing and acceptance of extremists by the twice-impeached former president never convinced the party to purge him or his views. Were it not for principled, conservative Republicans like Georgia Gov. Brian Kemp and Secretary of State Brad Raffensperger and former Arizona House Speaker Rusty Bowers, Trump’s election-stealing effort might have worked in 2020.

    As they work through an intense lame-duck session of Congress, Republican lawmakers are, for the umpteenth time, going to be asked this week about the tyrannical attitudes of the front-runner for their party’s presidential nod.

    One newly elected Republican, Michael Lawler – who picked up a Democratic-held House seat critical to the slim GOP majority – stood up for the Constitution on CNN’s “State of the Union” on Sunday.

    “The Constitution is set for a reason, to protect the rights of every American. And so I certainly don’t endorse that language or that sentiment,” Lawler told Jake Tapper. “I think the former president would be well-advised to focus on the future, if he is going to run for president again.”

    Republican Rep. Mike Turner of Ohio, who serves on the House Intelligence Committee, said he “vehemently” disagreed with Trump’s statement and said his dinner with West and Fuentes was “atrocious” and that voters would take both incidents into consideration.

    But a fellow Ohio Republican, Rep. David Joyce, demonstrated the characteristic reluctance of members of his party to confront an ex-president who remains hugely popular among its grassroots. Regarding the threat to the Constitution, Joyce said on ABC’s “This Week” on Sunday, “You know he says a lot of things but that doesn’t mean that it’s ever going to happen,” adding that it was important to separate “fact from fantasy.”

    Joyce didn’t directly condemn Trump’s rhetoric and said he would support whomever the Republican Party nominates in 2024. The fact that Republicans are open to a potential president – who would be called upon to swear to preserve, protect and defend the Constitution but who has already called for its termination – speaks volumes about how much the GOP is still in Trump’s shadow.

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  • Sen. Sherrod Brown says Ohio is still a swing state ahead of 2024 election | CNN Politics

    Sen. Sherrod Brown says Ohio is still a swing state ahead of 2024 election | CNN Politics

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    Washington
    CNN
     — 

    Democratic Sen. Sherrod Brown of Ohio said Sunday that “of course” the Buckeye State was still a swing state, brushing off concerns about a 2024 reelection bid after Republican J.D. Vance won the state’s other Senate seat last month.

    “I’m not worried. … I know it’s a challenge always, but I’m going about doing my job,” Brown told CNN’s Jake Tapper on “State of the Union.”

    Vance’s Senate win over Democratic Rep. Tim Ryan continued a long line of Republican victories in a state that has tilted toward the party in recent years. Other than Brown, no Democrat has won a nonjudicial statewide office in the state since 2008, and former President Barack Obama was the last Democratic presidential nominee to win the state, doing so in 2012.

    But Brown, a liberal populist, has found success in Ohio with a progressive message. In 2019, he explored a presidential bid through a “listening tour” that included stops in Iowa, New Hampshire, Nevada and South Carolina, the four key early-voting states in the 2020 primary, before deciding against a run. He is expected to seek a fourth term next year.

    “Not many people thinking about the 2024 election. I’ll do my job,” Brown said Sunday. “We’ll see how that goes.”

    Brown, who chairs the Senate Banking Committee, also said he believed the US is on the “right track” to bring inflation down, and he defended Congress’ role in protecting Americans investing in cryptocurrency following the implosion of FTX, the multi-billion-dollar crypto exchange.

    Soon after FTX went down, crypto firms were inundated by requests from customers seeking to claw their money back – the crypto equivalent of a run on the bank. Several firms have been forced to suspend withdrawals while they sort out their liquidity problems.

    “To say Congress has done nothing is not quite accurate. We’ve done a series of hearings exposing the problems with crypto, the problems for consumers, the problems for our economy here and the problems internationally for their national security,” Brown said. “We will continue that.”

    “I would love to do something legislatively. I don’t know that Congress is capable of that because of crypto’s hold on one political party in the Senate and the House,” he added, referring to the GOP.

    “But we’re trying every day.”

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  • Incoming GOP congressman says party won’t be ‘held hostage’ by McCarthy detractors | CNN Politics

    Incoming GOP congressman says party won’t be ‘held hostage’ by McCarthy detractors | CNN Politics

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    Washington
    CNN
     — 

    Republican Rep.-elect Mike Lawler of New York on Sunday offered his full support for House GOP leader Kevin McCarthy’s speakership bid, saying the party won’t be “held hostage by a handful of members” seeking to place a different Republican atop the chamber.

    “Kevin is the only person that I will be voting for, for speaker, if it’s one vote or multiple votes. And I think there’s many of my colleagues who feel the same way,” Lawler said on “State of the Union” in an interview with CNN’s Jake Tapper. “And frankly, we’re not going to be held hostage by a handful of members, when the overwhelming majority of the conference is in full support of Kevin.”

    Lawler, a state assemblyman, made headlines last month after he unseated New York Rep. Sean Patrick Maloney, the chairman of House Democrats’ campaign arm, in a Lower Hudson Valley district.

    McCarthy and his critics are gearing up for a potential floor fight over the speakership in January, raising the possibility of a messy intraparty showdown that could bring uncertainty and chaos just as Republicans prepare to enter their new majority.

    While McCarthy insists he will have the 218 votes needed to secure the speaker’s gavel, the conservative hard-liners seeking to plot the California Republican’s ouster say otherwise.

    It’s still not known what would happen on January 3 if McCarthy cannot get 218 votes to be elected speaker. Republicans will only have a narrow majority in the new Congress, with 222 House seats, so McCarthy can only afford to lose four GOP votes. But there’s an expectation that any number of Republicans could throw their hat into the ring if McCarthy stumbles or drops out.

    “I do think cooler heads will prevail. And I do think, on January 3, Kevin will have the necessary votes to become speaker,” Lawler said Sunday, noting, “A month is a long time in politics.”

    In recent weeks, part of McCarthy’s pitch to his critics has been that if they don’t unify, then Democrats could theoretically band together and peel off a few Republicans to elect the next speaker on the floor. In an interview with Fox News on Sunday, McCarthy tied his bid for speaker to a number of GOP priorities and warned Republicans against “squandering this majority.”

    “If people don’t come along, that’s going to delay our ability to secure the border. That’s going to delay our ability to become energy independent, that’s going to delay our ability to repeal 87,000 IRS agents, that’s going to delay our ability to hold government accountable,” he said.

    “There’s no subpoena that can go out until that gets done. And right now, it’s actually delaying our ability to govern as we go. So I’m hopeful that everybody comes together, finds a way to govern together,” McCarthy said.

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  • Republican John Duarte wins open House seat in California after Democrat concedes | CNN Politics

    Republican John Duarte wins open House seat in California after Democrat concedes | CNN Politics

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    Washington
    CNN
     — 

    Democrat Adam Gray conceded on Friday night to Republican John Duarte in the open-seat race to represent California’s 13th Congressional District, the final House race of the 2022 midterms to be called.

    “While I had hoped for a different outcome, I accept the results and have called to congratulate my opponent, John Duarte,” Gray, a state assemblyman, said in a statement posted to Twitter.

    With Duarte’s win in the Central Valley district, Republicans are projected to hold a slim majority in the House of Representatives next year, with 222 seats.

    Democrats are projected to win 213 seats in this year’s midterms, but the recent death of Virginia Democrat Donald McEachin just weeks after he won reelection means they are expected to start the new Congress with one fewer seat. McEachin’s seat will remain vacant until a special election is held.

    The House seat counts by both parties following the midterm elections is reminiscent of the totals after the 2020 election – in reverse. House Democrats won 222 seats in 2020 to 213 for the Republicans.

    Incoming House Republicans’ slim majority has prompted internal questions within the party about whether GOP leader Kevin McCarthy will have the necessary 218 votes needed to secure the House speakership in January.

    McCarthy has expressed confidence, insisting that he has enough votes. But conservative hard-liners seeking to plot the California Republican’s ouster say otherwise.

    No other Republican has declared their candidacy for the speaker’s post, but McCarthy’s foes say another candidate will emerge and that talks have already begun to recruit a replacement.

    Republicans will now hold 12 House seats from California next year, up one from their current 11 seats. California Democrats will hold 40 seats, down two from their current total. The state lost a seat in reapportionment following the 2020 census.

    Five of the 12 California districts Republicans will hold next year would have backed now-President Joe Biden in 2020. They include the seat won by Duarte, which Biden would have carried by 11 points.

    This story has been updated with additional details.

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  • As the University of Idaho homicide investigation enters a critical stage, police must protect information ‘at all costs,’ experts say | CNN

    As the University of Idaho homicide investigation enters a critical stage, police must protect information ‘at all costs,’ experts say | CNN

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    CNN
     — 

    The investigation into the murders of four University of Idaho students is entering a critical stage in its third week, as police are starting to receive forensic testing results from the crime scene, law enforcement experts tell CNN.

    Dozens of local, state and federal investigators have yet to identify a suspect or find the murder weapon used in the attack last month in Moscow.

    The public, as well as the victims’ family members, have criticized police for releasing little information, in what at times has been a confusing narrative.

    But the complex nature of a high-level homicide investigation involves utmost discretion from police, experts say, because any premature hint to the public about a suspect or the various leads police are following can cause it to fall apart.

    “What police have been reluctant to do in this case is to say they have a suspect, even though they have had suspects who have risen and fallen in various levels of importance, because that’s the nature of the beast,” said John Miller, CNN chief law enforcement analyst and former deputy commissioner of intelligence and counterterrorism for the New York Police Department.

    “Police having no suspects is factually incorrect,” Miller said. “Police have had a number of suspects they’ve looked at, but they have no suspect they’re willing to name. You don’t name them unless you have a purpose for that. That’s not unusual.”

    The victims – Ethan Chapin, 20; Kaylee Goncalves, 21; Xana Kernodle, 20; and Madison Mogen, 21 – were found stabbed on the second and third floors of their shared off-campus home on November 13, according to authorities.

    The quadruple murder has upended the town of 26,000 residents, which had not recorded a single murder since 2015, and challenged a police department which has not benefited from the experience of investigating many homicides, let alone under the pressure of a national audience, Miller says.

    The Moscow Police Department is leading the investigation with assistance from the Idaho State Police, the Latah County Sheriff’s Office and the FBI, which has assigned more than 40 agents to the case across the United States.

    “They have really coordinated this into over 100 people that are operating as one team,” Miller said of the homicide investigation.

    The FBI plays three important roles in the Idaho investigation, according to Miller.

    The first involves its behavioral science unit, which is highly valuable for cases with an unknown offender because it narrows the scope of offender characteristics.

    The second is its advanced technology, such as its Combined DNA Indexing System, which allows law enforcement officials and crime labs to share and search through thousands of DNA profiles.

    Lastly, the FBI has 56 field offices in major cities throughout the country, which can expand the reach and capability of the investigation.

    “The FBI brings a lot to this, as well as experience in a range of cases that would be beyond what a small town typically would have,” Miller said.

    Every homicide investigation begins with the scene of the crime, which allows investigators only one chance to record and collect forensic evidence for processing, which includes toxicology reports on the victims, hair, fibers, blood and DNA, law enforcement experts say.

    “That one chance with the crime scene is where a lot of opportunities can be made or lost,” Miller said.

    Extensive evidence has been collected over the course of the investigation, including 113 pieces of physical evidence, about 4,000 photos of the crime scene and several 3D scans of the home, Moscow police said Thursday.

    “To protect the investigation’s integrity, specific results will not be released,” police said.

    Latah County Coroner Cathy Mabbutt told CNN she saw “lots of blood on the wall” when she arrived at the scene and police said “some” of the victims had defensive wounds.

    Chances are “pretty high” a suspect could have cut themselves during the attack, so police are looking carefully at blood evidence, says Joe Giacalone, adjunct professor at John Jay College of Criminal Justice and retired NYPD sergeant who directed the agency’s Homicide School and Cold Case Squad.

    Lab results from the scene can be returned to investigators fairly quickly, but in this case investigators are dealing with mixtures of DNA, which can take longer, he says.

    “When you have several donors with the DNA, then it becomes a problem trying to separate those two or three or four. That could be part of the issue … toxicology reports can sometimes take a couple of weeks to come back,” Giacalone added.

    The next stage in a homicide investigation is looking at the behavioral aspects of the crime. Two agents with the FBI’s Behavior Analysis Unit were assigned to the case to assess the scene and go over evidence to learn about the suspect or suspects’ behavior, based on the way they carried out the crime, Miller says.

    “Understanding the victimology in a mystery can be very important, because it can lead you to motivation, it can lead you to enemies and it can lead you to friends,” he said.

    Investigators will learn every detail about the four victims, their relationships with each other and the various people in their lives, Miller says. This includes cell phone records and internet records, he says, as well as video surveillance from every camera surrounding the crime scene.

    “When you do an extensive video canvass, you may get a picture of a person, a shadowy figure, and then if you have a sense of direction, you can string your way down all the other cameras in that direction to see if that image reappears,” Miller said.

    At this stage, investigators rely on the FBI’s Violent Criminal Apprehension Program, which collects and analyzes information about violent crimes in the United States.

    The program can match a suspect’s DNA found at the scene with that of a person who is already in the system. It also scans all crimes across the country to determine if the way the attack was carried out mirrors a previous one, pointing to the same perpetrator, Miller says.

    “You always start with people who are close to the victims, whether it’s love, money or drugs,” Giacalone told CNN. “That’s generally the first step that you take because most of us are victimized by someone we know. We have to ask things like, who would benefit from having this person or in this case, a group, killed?”

    In an effort to locate the weapon – believed to be a fixed-blade knife – detectives contacted local businesses to see if a similar knife had been purchased recently.

    “It’s highly unlikely, although not impossible, that a first-time offender is going to come prepared with a tactical knife and murder multiple people, even in the face of resistance, and that this is going to be their first encounter with violent crime or the use of a knife,” Miller said.

    One aspect of a homicide investigation is to “keep the media happy,” according to Giacalone.

    “Today in the social media, true crime, community-driven world in these cases, the demand for information is so great that sometimes police departments kind of fill in that blank air and say something just for the sake of saying something, and then realizing that it’s either not 100% true, or it’s misleading,” he said.

    It’s critical for police to protect their information at “all costs” and they always know more than what they release to the public. Otherwise, it could cause the suspect to go on the run, he says.

    The media gathers as Moscow Police Chief James Fry speaks during a news conference.

    Miller said it’s “not fair” to investigators for the public or media to criticize them for not releasing enough information about the case.

    But, ultimately, the department has a moral obligation to share some information with families who are suffering in uncertainty, Miller says, but they must be judicious about what they share.

    “If you tell them we have a suspect and we’re close to an arrest but that doesn’t come together, then everybody is disappointed or thinks you messed it up or worse, goes out and figures out who the suspect is and tries to take action on their own,” he said.

    Investigators rely on the trove of physical and scientific evidence, information from the public and national data on violent crimes to cultivate possible leads, Miller says.

    Public tips, photos and videos of the night the students died, including more than 260 digital media submissions people have submitted through an FBI form, are being analyzed, police say. Authorities have processed more than 1,000 tips and conducted at least 150 interviews to advance the case.

    “Any one of those tips can be the missing link,” Miller said. “It can either be the connective tissue to a lead you already had but were missing a piece, or it can become the brand new lead that solves the case.”

    Every tip must be recorded in a searchable database so investigators can go back to them as they learn new details over the course of the investigation, Miller says. While 95% to 99% of public tips may provide no value, one or several might crack the entire case, he adds.

    “Police in this case could be nowhere tonight, having washed out another suspect, and tomorrow morning they could be making an arrest,” Miller said of the Idaho investigation. “Or, for the suspect they’re working on today, it might take them another month from now to put together enough evidence to have probable cause. That’s just something they won’t be able to reveal until it happens.”

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  • Anita Hill says Supreme Court overturning Roe v. Wade is indicator of what could happen to individuals’ civil rights | CNN Politics

    Anita Hill says Supreme Court overturning Roe v. Wade is indicator of what could happen to individuals’ civil rights | CNN Politics

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    CNN
     — 

    Americans should not just consider how the Supreme Court’s decision to overturn Roe v. Wade impacts women’s rights, but also how it affects individuals’ civil rights, Anita Hill said in an interview with CNN’s Chris Wallace.

    Asked by Wallace if the decision by Justice Clarence Thomas to vote in the 5-4 majority in favor of overturning the landmark ruling makes it harder for her to reconcile his time on the high court, Hill said the decision was about a “shrinking of rights.”

    Hill accused Thomas of sexual harassment in testimony during his 1991 Supreme Court confirmation hearing. Thomas has denied the allegations.

    She told Wallace that the conservative Thomas is not the only one on the bench who wants to assess access to contraception and protections for gender identity, adding that “the votes are there to move us in that direction.”

    “I believe that’s why we should – how we should be looking at Dobbs, not just as an indicator of what is going to happen on reproductive rights, but also what will happen to us as a country in terms of how much we value the civil rights of individuals and especially marginalized people,” she said on “Who’s Talking to Chris Wallace,” which is set to air on CNN on Sunday night.

    Since June – when the Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization, holding that there is no longer a federal constitutional right to an abortion – several states have moved to enshrine abortion protections in their constitutions. And after Thomas’ concurring opinion on the decision where he called for rulings on contraception, same-sex marriage and other rights to be revisited, President Joe Biden signed an executive order aiming to safeguard access to abortion care and contraceptives.

    The Senate on Tuesday passed legislation to protect same-sex and interracial marriage, called the Respect for Marriage Act, in a landmark bipartisan vote amid concern the Supreme Court might overturn its 2015 Obergefell v. Hodges decision that legalized same-sex marriage. The House would need to approve the legislation before sending it to President Joe Biden’s desk to be signed into law.

    Hill also told Wallace she was “shocked” to get a call from Thomas’ wife, Virginia “Ginni” Thomas, who she said in 2010 left a voicemail message requesting an apology from the law professor.

    “I had really no idea what to make of it. But I knew this, I knew that I did not want to entertain that kind of call either on the voicemail or face to face, that it was not something that clearly, I was not going to apologize for 1991,” Hill said. “And I didn’t in fact believe that the call was a sincere attempt to reconcile anything, and that I was going to do what I needed to do to stop it from happening.”

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