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Politics

DOJ watchdog will probe reported Trump-era subpoenas of Apple for Democrats’ knowledge

House Intelligence Committee Chairman Rep. Adam Schiff (D-CA) speaks outside of a closed session before the House Intelligence, Foreign Affairs and Oversight Committees of the House of Representatives in Washington, DC on October 28, 2019. Capitol in front of media representatives. Also pictured are (LR) Rep. Carolyn Maloney (D-NY), Rep. Jamie Raskin (D-MD) and Rep. Eric Swalwell (D-CA).

Mark Wilson | Getty Images

The Justice Department’s internal watchdog office will investigate after a bomb report alleged that the Trump administration clandestinely summoned Apple over the House Democrats’ data, the office said on Friday.

The investigation will review the “use of subpoenas and other judicial authorities to obtain communications records” by members of Congress, their staff and the news media “in connection with the recent investigations into alleged unauthorized disclosure of information to the media by government officials”. This was announced by Inspector General Michael Horowitz in a statement.

The move follows a growing chorus of Democratic lawmakers, including the two whose records have reportedly been subpoenaed, demanding that the Justice Department inspector-general open an investigation into Trump-era behavior.

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The New York Times reported Thursday night that Trump’s Justice Department seized records in 2017 and early 2018 from at least a dozen people associated with the House Intelligence Committee, including the House Intelligence Chairman Adam Schiff, D-California, and that Committee member Eric Swalwell, D-Calif.

The agency also reportedly obtained data from the accounts of carers and family members, one of whom was a child.

Prosecutors for the DOJ, then headed by Attorney General Jeff Sessions, were looking for sources of harmful news of contacts between Trump employees and Russia, the report said.

When Trump’s prosecutors investigated the source of the leaks, they reportedly investigated the House of Representatives Intelligence Committee, whose members have access to sensitive documents.

The investigation did not link the House committee to the leaks – but Sessions replacement, William Barr, kept the investigation going, the Times reported.

U.S. President Donald Trump (left) speaks with William Barr, U.S. Attorney General, during the 38th annual National Peace Officers Memorial Day service at the U.S. Capitol in Washington, DC, May 15, 2019.

Kevin Dietsch | Bloomberg | Getty Images

Apple was silenced by a gag order that expired earlier this year, according to a company spokesman who confirmed the subpoena in a statement to CNBC on Friday evening.

“It would have been virtually impossible for Apple to understand the intent of the information you want without sifting through the accounts of the users,” said Apple spokesman Fred Sainz. “In accordance with the request, Apple limited the information it provided to account subscriber information and did not provide content such as emails or images.”

Microsoft similarly confirmed a 2017 subpoena and gag order regarding a personal email account on Friday.

“As soon as the gag rule expired, we notified the customer who told us that he was a congress employee. We then gave a briefing to the agent’s employees after this announcement, ”a Microsoft spokesman said in a statement to CNBC.

Assistant Attorney General Lisa Monaco referred the matter to the Department of Justice’s inspector general, an agency official told CNBC on Friday.

Schiff welcomed the move in a statement as “an important first step”. But the watchdog investigation “will not eliminate the need for other forms of oversight and accountability – including public oversight by Congress – and the ministry must work together in those efforts too,” Schiff said.

Monaco, the second official in the Justice Department, was ratified by the Senate in April. Horowitz has been Inspector General since 2012.

Horowitz said Friday that his investigation “will investigate the ministry’s compliance with applicable DOJ policies and procedures, and whether such use or investigations were based on improper considerations.

“If circumstances warrant, the OIG will consider other issues that may arise during the review,” he said, adding, “The review does not replace the OIG’s judgment on the legal and investigative judgments made in matters raised by OIG are checked, have been taken. “

The Times article came weeks after reports that the Trump administration had secretly received records from journalists from several news outlets.

On Thursday evening, Schiff called for an investigation into the Trump DOJ’s actions in “these and other cases that indicate the arming of law enforcement by a corrupt president”.

Trump had “tried to use the ministry as a club against his political opponents and media representatives,” Schiff said in a statement. “It is becoming increasingly clear that these demands have not fallen on deaf ears.”

Swalwell said in his own statement that Apple informed him last month that his files had been turned over to the Trump administration “as part of a politically motivated investigation into his supposed enemies.”

“Like many of the most despicable dictators in the world, former President Trump showed utter contempt for our democracy and the rule of law,” said Swalwell. “This kind of behavior is unacceptable, but unfortunately on the mark for a president who has repeatedly shown that he would put our constitution aside for his own benefit.”

Senate Majority Leader Chuck Schumer, DN.Y., and Senate Justice Committee Chairman Dick Durbin, D-Ill., Added Friday that Congress must obtain testimony from Sessions and Barr.

“The revelation that the Trump Justice Department secretly subpoenaed metadata from members and staff of the House Intelligence Committee and their families, including a minor, is shocking,” Schumer and Durbin said in a joint statement on Friday.

“This is a gross abuse of power and an attack on the separation of powers. This appalling politicization of the Justice Department by Donald Trump and his flatterers must be investigated immediately by both the DOJ Inspector General and Congress, ”said the Senate leaders.

“Former Barr and Sessions attorneys-general and other officials involved must testify under oath before the Senate Judiciary Committee. If they refuse, they will be summoned and forced to testify under oath, ”said Schumer and Durbin.

Senate Finance Committee Chairman Ron Wyden, D-Ore., Also joined calls for a full investigation, saying he plans to introduce laws to increase transparency and reform “abuse of gag orders”.

“The current Justice Department needs to act with much greater urgency to both detect abuses and ensure full accountability of those responsible,” said Wyden.

Read the full New York Times report.

—Sara Salinas of CNBC contributed to this report.

Categories
Business

U.S. and Europe Transfer Nearer to Truce in Trump-Period Commerce Spat: Dwell Updates

Here’s what you need to know:

Credit…Gianni Cipriano for The New York Times

The United States and the European Union said Monday they had begun discussions to resolve a conflict over steel and aluminum imports that was a major front in the Trump administration’s trade wars and a serious burden on trans-Atlantic relations.

As part of a truce announced Monday, the European Union will not, as planned, increase tariffs on products like United States whiskey, orange juice and motorcycles, which the bloc imposed in 2018 in retaliation for duties that the Trump administration imposed on European steel and aluminum. The higher tariffs were scheduled to take effect June 1.

The talks about steel and aluminum are part of an effort by the Biden administration to rebuild relations between the United States and Europe after the Trump administration treated the bloc like an adversary, sometimes threatening to leave NATO and citing national security as a justification for charging 25 percent tariffs on imports of European steel and 10 percent on aluminum.

In March, the United States and European Union temporarily suspended tariffs on billions of dollars of each others’ aircraft, wine, food and other products as they worked to settle a long-running dispute involving Boeing and Airbus, the two leading airplane manufacturers. The United States also temporarily suspended retaliatory tariffs against British products like Scotch whisky that had been imposed as part of the dispute over aircraft subsidies.

Some European officials had hoped President Biden would simply lift the Trump-era tariffs, which are unpopular with businesses on both sides of the Atlantic. But the administration is moving cautiously and is likely to seek something in return, mindful that the tariffs are welcomed in steelmaking regions like Pennsylvania.

In a joint statement, Katherine Tai, the U.S. trade representative; Gina M. Raimondo, the secretary of commerce; and Valdis Dombrovskis, the top European Union trade official, said they would discuss how to address a global glut in steel products that poses “a serious threat to the market-oriented E.U. and U.S. steel and aluminum industries and the workers in those industries.”

The United States and European Union are “allies and partners, sharing similar national security interests as democratic, market economies,” the officials said, adding that they would work together to “hold countries like China that support trade-distorting policies to account.”

Starbucks has announced that masks will be optional for vaccinated customers as of Monday, unless local regulations require them.Credit…Eze Amos for The New York Times

Target on Monday joined a growing list of retailers, restaurants and theme parks that will allow fully vaccinated customers to go mask free, following new coronavirus safety guidance from the federal government last week that said vaccinated people rarely transmit the virus.

[Answers to your questions about vaccines and masks at work.]

The Centers for Disease Control and Prevention on Thursday took many businesses by surprise when it said that people who are vaccinated could go maskless in most places, including indoors. For businesses, the announcement was complicated by the fact that C.D.C. guidance does not override state and local rules. But several major companies have already moved to relax mask requirements. Businesses for the most part have not said they would require customers to show proof that they have been vaccinated.

Here’s the latest on companies that are changing their mask policies.

Costco, which has more than 500 U.S. stores, said it would allow fully vaccinated customers to go mask-free where state and local guidance allowed. The retailer said it would “not require proof of vaccination” but would ask for its customers’ “responsible and respectful cooperation with this revised policy.”

Publix, which has 1,270 grocery stores in the Southeast, said “face coverings are optional for fully vaccinated individuals inside Publix stores” subject to local regulations.

Starbucks, which has 32,000 cafes worldwide, said that facial coverings would be optional for vaccinated customers beginning on Monday, unless local regulations requireed them. Employees at Starbucks locations in the United States and Canada will still be required to wear masks.

Target, which has 1,909 stores in the United States, said it would no longer require fully vaccinated customers and employees to wear face coverings, except where required by local ordinances. The retailer said that it masks would still be “strongly recommended” for both shoppers and staff members who were not fully vaccinated.

Trader Joe’s, which operates 517 grocery stores across the country, said that customers who were fully vaccinated no longer needed to wear masks in its stores. It will not require proof of vaccination “as we trust our customers to follow C.D.C. guidelines,” a spokeswoman, Kenya Friend-Daniel, said in an email. Masks are still required for store employees.

Walmart said that vaccinated customers were allowed to go maskless starting May 18 in areas that did not have stricter mandates. A spokesman for the company, which operates more than 4,000 Walmart and nearly 600 Sam’s Club stores in the United States, said it expected its customers to abide by the honor system. Employees can also go mask-free by answering “yes” to a vaccination question that is part of a daily health assessment.

Walt Disney World Resort in Florida said that it was no longer requiring visitors to wear masks in most outdoor areas as of this weekend, though masks are still required in indoor locations. Disneyland in California continues to require masks indoors and out because of state mandates. Disney’s chief executive, Bob Chapek, said on an earnings call Thursday that the company had begun to increase capacity and that the C.D.C.’s new guidance “is very big news for us, particularly if anybody’s been in Florida in the middle of summer with a mask on.” About 150 million people visited Disney’s parks in 2019.

Hershey Park in Pennsylvania said it would no longer require masks nor social distancing for fully vaccinated guests. The theme park, which drew 3.4 million visitors in 2019, said it would rely on its guests to “accurately follow the guidelines based on their vaccination status.”

Universal Orlando Resort said masks were no longer required when outdoors but still must be used in “all indoor locations.” Its theme park in California will still require masks both outside and inside because of the state rules.

One of the 40,000 DVD rental kiosks operated by Redbox in the United States.Credit…Stuart Isett for The New York Times

Redbox, the company best known for its DVD-rental kiosks, is going public by merging with a special purpose acquisition company, or SPAC, in a deal that values the company at $693 million, the DealBook newsletter was the first to report.

Redbox’s parent, Outerwall, was acquired by the private equity firm Apollo Global Management in 2016 at a $1.6 billion valuation; it later separated the group’s businesses, which included Redbox, Coinstar and ecoATM. Apollo is rolling over all of its equity in Redbox as part of the deal, which also includes a $50 million investment led by Ophir Asset Management.

Redbox has some 40,000 kiosks across the United States, more than there are McDonald’s and Starbucks combined. Are they needed in the age of Netflix? Redbox gets its DVDs long before many movies arrive on subscription services, said its chief executive, Galen Smith, and its customers are more value-conscious than the typical Netflix streamer. Many are also late adopters to streaming, perhaps because they can’t afford broadband access, Mr. Smith said.

The physical rental business was in decline at the time of Apollo’s acquisition, and revenue from DVDs fell more than a third last year, to around $500 million, as the pandemic held up new releases. As the backlog clears, the company is expecting a rebound. There is a “very long tail for the physical business,” Mr. Smith said.

Redbox is also hoping to convert loyal customers to its own streaming business, which accounted for about 8 percent of its revenue last year. It partners with brands like Showtime and is also creating its own content. Once seen as a threat to the studios, Redbox is now considered an important buyer. “We can create value in helping these studios reach consumers that they otherwise wouldn’t be able to reach through our platform,” Mr. Smith said.

The Internal Revenue Service delayed the tax filing deadline by a month, to May 17.Credit…Susan Walsh/Associated Press

It’s May 17 and it’s Tax Day, the deadline for filing your 2020 taxes. The Internal Revenue Service in March said that Americans who needed it could take extra time to file their taxes. That time has arrived.

The one-month delay from the usual April deadline did not offer as much extra time as the I.R.S. gave people last year, when the filing deadline was pushed to July 15. But the aim was the same: to make it easier for taxpayers to get a handle on their finances — as well as tax changes that took effect this year with the signing of the American Rescue Plan.

Still have questions? Here are some articles that might help.

How the Pandemic Has Changed Your Taxes

New rules for a new reality, from stimulus payments to retirement withdrawals to unemployment insurance, could cut your bill or even generate extra refunds.

The Tax Filing Deadline Was Delayed, but Read the Fine Print

The federal government and most states pushed back the date to May 17, but others have gone their own way. It’s a good idea to double-check deadlines.

The Tax Headaches of Working Remotely

“Each state has its own rules,” one tax expert says. So if you worked in a state other than your usual one in 2020, here are some tips on dealing with the tax season.

For Gig Workers and Business Owners, Taxes Are Even Trickier Now

Filing taxes has never been simple for freelancers and business owners, but the pandemic has made it far more complex.

A Break for Working Families

The government is allowing people who qualify for the earned-income tax credit to use income from either 2020 or 2019, whichever will result in a bigger credit.

Ryanair, the Irish low-cost airline, said it has seen signs that a recovery in air travel and tourism “has already begun.”Credit…Albert Gea/Reuters

U.S. stocks slipped in early trading on Monday and most European equity indexes were lower, reversing some of Friday’s rally.

The S&P 500 fell about 0.2 percent, while the Stoxx Europe 600 dropped 0.1 percent.

The Wall Street benchmark rose on Friday, but the increase was not enough to reverse a decline of 1.4 percent for the week, when faster-than-expected inflation data rattled markets.

Traders are watching inflation data closely because if it shows signs of a substantial and sustained rise central bank policymakers might pull back on monetary stimulus. On Wednesday, the central bank will publish minutes of its April policy meeting.

  • Discovery shares rose 8 percent in early trading after confirming it would merge with AT&T’s media business, including the WarnerMedia assets, to create a new giant company. AT&T shares rose more than 3 percent.

  • The FTSE 100 in Britain fell 0.4 percent even as England entered the next stage of its exit from lockdown. Indoor dining and hotels reopened as well as entertainment venues such as museums and cinemas. But an increase in the number of cases of the coronavirus variant first detected in India has raised concerns about the easing of restrictions.

  • Ryanair shares rose slightly after the airline reported a loss of 815 million euros (or $991 million) in the year through March but said that it expected a “strong recovery” in air travel and tourism in the second half of this fiscal year. “The recent strong increases in weekly bookings since early April suggests that this recovery has already begun,” the earnings release said.

  • Taiwan’s stock index dropped 3 percent as the island battles its worst coronavirus outbreak. Its government imposed tougher restrictions, including closing cinemas and limiting the size of gatherings, and encouraged people not to panic buy essentials.

  • Oil prices rose slightly. The West Texas Intermediate, the U.S. benchmark, rose 0.3 percent to $65.58 a barrel.

  • Bitcoin fell to about $45,000 on Monday morning, though it recovered some of its losses from the weekend after Elon Musk said Tesla hadn’t sold any Bitcoin. The electric carmaker bought $1.5 billion of the cryptocurrency earlier this year but Mr. Musk recently suspended plans to accept Bitcoin for car payments.

The paper’s conclusions suggest that economic programs embraced by President Biden may be useful in raising wages.Credit…Stefani Reynolds for The New York Times

Two economists at the liberal Economic Policy Institute conclude in a new paper that the government is to blame for the fact that pay for middle-income workers has increased only slightly since the 1970s.

“Intentional policy decisions (either of commission or omission) have generated wage suppression,” write Lawrence Mishel and Josh Bivens.

Included among these decisions are policymakers’ willingness to tolerate high unemployment and to let employers fight unions aggressively, trade deals that force workers to compete with low-paid labor abroad and the tacit or explicit blessing of new legal arrangements, like employment contracts that make it harder for workers to seek new jobs.

Dr. Mishel and Dr. Bivens argue that a decades-long loss of leverage largely explains the gap between the pay increases that workers would have received had they benefited fully from rising productivity, and the smaller wage and benefit increases that workers actually received, Noam Scheiber reports for The New York Times.

Drawing on existing measures of the relationship between unemployment and wages, Dr. Mishel and Dr. Bivens estimate that excess unemployment lowered wages by about 10 percent since the 1970s, explaining nearly one-quarter of the gap between wages and productivity growth.

They perform similar calculations for other factors that undermined workers’ bargaining power: the decline of unions; a succession of trade deals with low-wage countries; and increasingly common arrangements like “fissuring,” in which companies outsource work to lower-paying firms, and noncompete clauses in employment contracts, which make it hard for workers to leave for a competitor.

Together, Dr. Mishel and Dr. Bivens conclude, these factors explain more than three-quarters of the gap between the typical worker’s actual increases in compensation and their expected increases, given the productivity gains.

The C.D.C.’s new guidance on masks comes with caveats.Credit…Whitten Sabbatini for The New York Times

Are companies responsible for making sure that every employee without a mask is vaccinated against the coronavirus?

What if unvaccinated employees infect their co-workers — is the company potentially liable? Will companies ask their employees to take Covid-19 tests?

Millions of office workers who have been able to do their job from home during the pandemic are now thinking seriously about returning to work. The prospect raises myriad health safety and workplace protocol questions for employees and companies.

Lauren Hirsch of The New York Times’s DealBook team spoke to lawyers, employers and human resources professionals about some of the questions.

Generally, employers are allowed to require employees to be vaccinated. The Equal Employment Opportunity Commission issued guidance in December stating that vaccine mandates are legal. But this is complicated by proposed legislation in a number of states that would restrict companies’ abilities to set such requirements.

Whether executives are prepared to follow through on the implications of a vaccine mandate is also up for debate.

“If they want to permit employees to remove masks indoors, yes, I believe it does put the burden on the employer to verify,” said Kristin White, a lawyer at Fisher Phillips who specializes in workplace safety regulations.

The White House is also reviewing a new emergency standard on Covid workplace protections from the Occupational Safety and Health Administration. Labor groups have been pushing for new rules for about a year. OSHA suggests social distancing and masks in the workplace — but a temporary standard would establish requirements. Any new standard now needs to consider the new C.D.C. guidance.

As vaccination numbers rise and the number of Covid-19 cases drop, it’s natural for companies to rethink their workplace plans, said Joseph Allen, who is the director of Harvard’s Healthy Buildings Program and advises companies on Covid-19 strategy.

“What was state-of-the-art last year is not state-of-the-art right now,” he said. “The science has changed, the plans should change.”

Categories
Business

Biden Administration Debating Methods to Overhaul a Trump-Period Tax Break

Critics of the program say the regulations put in place by Mr Trump’s Treasury Department to clarify what kind of investments are eligible for the special tax treatment likely didn’t invest much in the kinds of projects that would help people and Bringing communities into trouble B. New businesses that would create jobs in areas with persistently high unemployment. Critics say evidence suggests the zones could reward wealthy investors for projects that would have been possible without tax breaks. This includes a sawmill in Mississippi that Mr. Trump put in the spotlight in 2019 and that a new owner wanted to buy before state officials decided to designate an area, including the mill, as an opportunity zone.

“It’s hard to see if people with low and middle incomes benefit from this incentive,” said Brett Theodos, director of the Community Development Economic Hub at the Urban Institute in Washington. “The Biden government could now initiate reforms and make this program work much better for the communities.”

During his presidential campaign, Mr Biden pledged to improve the zones and saw this as a way to achieve more economic justice. One of his promises was to require detailed disclosure from investors in the zones in order to better track their impact on the distressed communities they are supposed to help.

“We cannot close the racist prosperity gap if we allow billionaires to use tax breaks in opportunity zones to replenish their wealth,” said his campaign under the Build Back Better agenda, “instead of investing in projects that benefit poor, low-income communities come.” Americans struggling to make ends meet. “

The Treasury Department has already issued an ordinance regulating the zones, and others are in preparation. Even so, the program hasn’t made it high on the president’s tax agenda, government officials say, given the other priorities the White House is trying to get through Congress, including a $ 2.3 trillion infrastructure package.

Mr Biden’s economic team did not delve deep into a bipartisan debate on Capitol Hill about applying new rules as to which projects are eligible for the zone-related tax breaks or whether some wealthier communities should be granted opportunity status. Zone should be withdrawn. However, administrative officials are aware of the new study and are concerned about its conclusions. They are particularly interested – as Mr Biden promised in the campaign – in efforts to increase transparency and affordable housing investments in the zones.

In many cases, the government’s plans align with the demands of critics and supporters. In other cases, the sides disagree. Mr Theodos is urging the administration to put in place some sort of government certification process for investments in the zones, which essentially requires officials to sign projects that deserve the tax breaks. Mr Lettieri said such a requirement would cripple the program.

Categories
Health

Biden DOJ reverses Trump-era place

An Obamacare sign is seen outside the Leading Insurance Agency, which is offering plans under the Affordable Care Act (also known as Obamacare) on January 28, 2021 in Miami, Florida.

Joe Raedle | Getty Images

The Justice Department informed the Supreme Court on Wednesday that it no longer considers Obamacare to be unconstitutional. This is the last reversal of the department since President Joe Biden’s inauguration in January.

The Supreme Court is considering contesting Obamacare, officially known as the Affordable Care Act, filed by Texas and other Republican-led states. The Justice Department under former President Donald Trump supported Texas in legal pleadings and verbal disputes in November.

California and other blue states are defending the law that gave 20 million Americans health insurance.

“After the change in administration, the Department of Justice has rethought the government’s position in these cases,” wrote Edwin Kneedler, assistant attorney general, in a letter to Scott Harris, the clerk of the court.

The reversal of Biden’s Justice Department was expected. Biden played a role in the implementation of monumental legislation by Congress in 2010 while serving as Vice President under then-President Barack Obama.

The case concerns Obamacare’s individual mandate provision that requires most Americans to purchase health insurance or pay a fine.

The Supreme Court previously upheld the individual mandate as lawful under the tax powers of Congress. After the Republicans in Congress set the penalty at $ 0 in 2017, Texas raised its challenge, arguing that the mandate was no longer a tax.

The Trump Justice Department agreed that the mandate was unconstitutional. The department also argued that if the Supreme Court scraps the individual mandate, it will have to scrap the entire Affordable Care Act.

Kneedler wrote that under Biden the Justice Department had reversed its position on both issues. The department, he wrote, believes the individual mandate determination is lawful and that the provision can be removed if the court does not find it while the rest of the law persists.

During the hearing in the case, it appeared unlikely that the judges would scrap the legislation entirely, although it was not clear whether a majority would find the individual mandate unlawful. Chief Justice John Roberts and Justice Brett Kavanaugh, both Conservatives, suggested they support the separation of individual mandate provisions from the rest of the sweeping law.

Kneedler, who has served in the Justice Department under the presidents of both major political parties for more than 40 years, wrote in the letter that the ministry had not attempted to file further briefs on the case. A decision is expected in the summer.

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