UNBIASED - UNBIASED Politics (2/27/25): Trump's 'Gold Card' Proposal, Supreme Court 'Reverse Discrimination' Case, WH Press Team to Control Press Pool, Trump Recruited as Russian Spy? And More.
Episode Date: February 27, 2025Get the facts, without the spin. UNBIASED offers a clear, impartial recap of US news, including politics, elections, legal news, and more. Hosted by lawyer Jordan Berman, each episode provides a r...ecap of current political events plus breakdowns of complex concepts—like constitutional rights, recent Supreme Court rulings, and new legislation—in an easy-to-understand way. No personal opinions, just the facts you need to stay informed on the daily news that matters. If you miss how journalism used to be, you're in the right place. In today's episode: Trump Signs Healthcare Pricing Transparency Order (0:10) White House Press Team Says It'll Take Control of Press Pool (4:54) Trump Proposes $5 Million 'Gold Card' for Investor Immigrants (8:34) Senate Passes Resolution to Revoke Biden's Oil Drilling Rule (12:09) Supreme Court Hears 'Reverse Discrimination' Case (15:23) Supreme Court Announces Cases for Upcoming April Term (19:51) Judge Expands Hold on Government Transferring Transgender Women Prisoners to Male Facilities (23:48) Supreme Court Says Trump Administration Doesn't Have to Pay $2B in Foreign Aid ... Yet (25:42) Quick Hitters: Amy Gleason Named DOGE Acting Administrator, DOGE Employees Resign, House Passes Budget Resolution, Trump Confirms Tariffs, FDA Cancels Flu Vaccine Meeting, Death Row Inmate Gets New Trial, Trump to Revoke Venezuela Oil Agreement, DoD Memo Calls for Removal of Troops With 'Gender Dysphoria' (30:05) Rumor Has It: Wisconsin's Governor Replacing "Mother" With "Inseminated Person?" Was President Trump a Russian Spy in the 80s? (37:36) Listen/Watch this episode AD-FREE on Patreon. Watch this episode on YouTube. Follow Jordan on Instagram and TikTok. All sources for this episode can be found here. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Welcome back to Unbiased, your favorite source of unbiased news and legal analysis.
Welcome back to Unbiased Politics. Today is Thursday, February 27th.
Let's talk about some news starting with this Health Care Pricing Transparency Order
signed by the President on Monday.
This order is called Making America Healthy Again by empowering patients with clear, accurate, and actionable healthcare pricing information.
Here's the thing, this order is not necessarily new
because it actually builds off of a previous executive order
from the president's first administration.
So let's talk about it.
As always, the order has a policy and then a directive.
So first, it is the policy of the United States
to put patients first and ensure
they have the information they need to make well-informed health care decisions. The order
goes on to explain that the federal government will promote universal access to clear and accurate
health care prices and strive to improve transparency requirements. Now for the directive to carry out
that policy, the order tasks the Secretary of the Treasury,
Secretary of Labor, and Secretary of Health
and Human Services with implementing
and enforcing healthcare price transparency regulations
within 90 days.
Specifically, it lays out the following actions.
One, require the disclosure of the actual prices
of items and services, not estimates.
Two, issue updated guidance or proposed regulatory action,
ensuring pricing information is standardized
and easily comparable across hospitals and health plans.
And three, issue guidance or proposed regulatory action,
updating enforcement policies designed to ensure compliance
with the transparent reporting of complete, accurate,
and meaningful data. Now, that last action is arguably the most important because as I
said in the beginning of the story, the policy set forth in this order is not
actually new. Essentially this order is calling for a framework to be made that
will enforce an executive order from Trump's first administration. The
original executive order was
signed June 24, 2019. It was called Improving Price and Quality Transparency in American
Healthcare to put patients first. And that original executive order required hospitals to maintain a
consumer-friendly display of pricing information for up to 300 shoppable services. It required hospitals to maintain a
machine-readable file with negotiated rates for every single service a hospital provides.
It required health plans to post their negotiated rates with providers, post their out-of-network
payments to providers, and the actual prices paid for prescription drugs. And it required health
plans to maintain a consumer-facing internet tool,
making price information accessible.
So naturally you might be wondering,
okay, so if the president did something similar in the past,
what's the need for the new order?
Well, a nonprofit that fights for
system-wide healthcare price transparency
called Patient Rights Advocate,
released a report in November of 2024
after reviewing 2,000 hospitals
and found that only 21% of those 2,000 were in full compliance with the requirements
to publicly post a list of prices for common treatments and services.
Furthermore, during the Biden administration, 15 hospitals were fined for non-compliance,
and as of October, Centers for Medicare and Medicaid Services had issued about 1,600 warning notices to hospitals
not in compliance with transparency requirements.
And while we're rattling off these numbers,
the new executive order cited in economic analysis
from 2023, which estimated the impact of these regulations,
if fully implemented,
could result in as much as $80 billion
in healthcare savings for consumers, employers,
and insurers by 2025.
The order also cited another report from 2024,
which suggested healthcare price transparency
could help employers reduce healthcare costs
by 27% across 500 common healthcare services.
So that explains a little bit about the purpose
of this order.
But finally, let's ask the question,
will this order be challenged?
If you've been around long enough,
you know that almost everything that the government does,
regardless of who is in office gets challenged
at some point.
So here is what we know about that.
When President Trump signed the first order in 2019,
hospital groups opposed it
and unsuccessfully challenged it in court.
They argue that the price transparency requirements
forced them to disclose private negotiations with insurers
which undermined competition
and violated their first amendment free speech rights.
However, those arguments, like I said,
were rejected by the court.
Now, it's possible that a new challenge is brought
based on this new order,
but the precedent is there to lead us to believe
that if another lawsuit was filed,
the administration would likely prevail.
Okay, moving on to an announcement
made by the press secretary
that the White House press team will now determine
who is a part of the press pool
allowed into the Oval Office and other smaller meetings. Previously, this was something that was decided by the
White House Correspondents Association and I'll get into what that organization
or association is shortly, but first let's recap the actual announcement and
what got us here. Caroline Levitt, the White House press secretary, said at a
press briefing Tuesday that the administration is going to quote,
"'Give the power back to the people who read your papers,
"'who watch your television shows,
"'and who listen to your radio stations.
"'Moving forward, the White House press pool
"'will be determined by the White House press team.'"
Leavitt went on to explain that outlets
that have participated in the press pool for decades
will still be able to join press events, but the
administration will quote, also be offering the privilege to well-deserving outlets who have never
been allowed to share in this awesome responsibility." End quote. Now we have to acknowledge that this
announcement comes amid a lawsuit filed by the Associated Press, which we talked about on Monday,
but to quickly recap, the AP was banned from the Oval Office after it said it would continue
to refer to the Gulf of America as the Gulf of Mexico.
The AP subsequently sued the administration, alleging a violation of their first and fifth
amendment rights.
But a court just ruled earlier this week that the AP could be withheld from the Oval Office,
at least for now.
So there is very limited access to certain spaces where the press
gets up close with the president. We're talking about Air Force One, the Oval Office, meetings and
events that can't accommodate the full press corps. So to be clear, we are not talking about the full
press corps here, which is a much larger group of journalists, correspondents, and members of the
media that are assigned to cover government activities in White House events and news briefings. We are talking about the smaller
group of media personnel that has traditionally been allowed into these more intimate settings,
usually about 13 members of the media. That smaller pool of journalists is what the White
House press team will now control instead of the White House Correspondence Association. Before this, the WHCA, White House Correspondence Association, has overseen
who makes up the 13-member group of journalists that are allowed into these smaller, more
intimate settings. The WHCA is an independent group made up of representatives from many
different outlets. In fact, the Association's founding makes for an interesting story. Back in 1914, there was a rumor that a congressional committee
was going to select which journalists could attend the press conferences of
President Wilson. So a group of journalists got together and formed this
association to avoid the congressional committee taking the reins, and the
association has been in the picture ever since. Historically, the association has
handled the credentialing process, access to the president,
which includes managing the rotating cast of reporters that attends White House events,
as well as the physical conditions in the White House press briefing rooms.
Now, though, with this announcement from the administration, the association will no longer
have control over who has access to the president. This will instead be handled by the White House
press team directly. Since this announcement by the White House press team directly.
Since this announcement, the White House Correspondents Association president released a statement
and said the board will not assist any attempt by the administration or any other agency
in taking over independent press coverage of the White House, saying further that each
news organization will have to decide whether or not to take part in the new government-appointed
pools.
The association's president also called the move by the White House a quote,
tear at the independence of a free press in the United States.
End quote.
Moving on, on Wednesday, the president said he plans to introduce a new visa called the
Gold Card, saying it'll be available for purchase for about $5 million in as soon as two weeks.
As the president explains it, a gold card will be a visa eligible to foreigners to purchase for about $5 million. It would hold the same privileges as a green card, and it would be a potential path
to U.S. citizenship. Howard Lutnick, the new Secretary of Commerce, noted that applicants
would first go through a vetting process. Green cards, officially known as permanent residency cards,
allow non-US citizens to live and work permanently
in the United States.
Green card holders can apply for US citizenship
after three years if married to a US citizen
or five years if not.
Now there are different types of green cards.
There are employment-based green cards
and there are family-based green cards.
Within the category of employment-based green cards,
you have EB1, EB2, EB3, EB4, and EB5 cards. Each card is for a different type of employment.
EB1 cards are for priority workers, EB2 cards are for professionals with advanced degrees or
exceptional ability, EB3 cards are for skilled workers and professionals, EB4 cards are for
special immigrants, and EB5 cards are for investors.
According to Lutnik, the gold card
would replace the EB-5 program.
The EB-5 program was created in 1992.
It offers green cards to eligible investors
who invest about a million dollars
in a U.S. company that employs at least 10 Americans.
However, there are three key differences
between the EB-5
and the gold card that we can see so far.
The first is the price difference.
Investors can get green cards through the EB-5 program
after investing just 1 million,
whereas the gold card would cost 5 million.
The second notable difference
is the nature of the transaction.
With the EB-5 visa, the $1 million is invested
into a US company, but that investor still owns that capital
and has the potential to earn it back. However, the $5 million for a gold card looks like it'll
just be paid to the federal government in exchange for the card. And then finally,
it seems like the speed of the process to obtain a gold card would be a bit faster than obtaining a
green card through the EB-5 process when and if that gold card is officially implemented.
So why the gold card?
President Trump said in part, quote, they'll be wealthy and referring to who would be getting
these cards, they'll be wealthy, they'll be successful, and they'll be spending a lot
of money and paying a lot of taxes and employing a lot of people.
And we think it's going to be extremely successful.
Trump noted that he thinks they could sell about a million cards and at the price of five million dollars each that would be about five
trillion dollars which Lutnick said will go towards paying off the national debt.
And now for the big question, can the president create a gold card? That we
don't know. We do know that Congress determines qualifications for
citizenship in the United States but according to the president, congressional
authority wouldn't be necessary for the gold card because the gold card is different than citizenship.
He acknowledges that the card serves as a quote-unquote very strong path to citizenship,
but still says congressional authority wouldn't be necessary.
The executive branch does have significant leeway when it comes to adjusting existing
visa programs, but so far it's unclear whether the president has the requisite power
to create a seemingly new visa program. However, it's also possible that the administration
structures the gold card as a replacement and expansion of EB-5, which wouldn't technically be
a new visa program, right? So that could potentially get around that legal obstacle. It is a legal
gray area though, no matter which way you look at it though, so we will probably see legal challenges. So I will
keep you updated. On Tuesday, the Senate passed a resolution to change a Biden
administration rule affecting offshore drilling. The vote was 54 to 44 with three
Democrats joining Republicans and the resolution will now head to the House. So
in September, the Biden administration passed this rule that said oil and gas companies that produce on the outer continental shelf must produce an archaeological
study before they drill or lay pipelines. The purpose of that rule was to protect shipwrecks
as well as underwater cultural sites from damage due to drilling. A prior rule required archaeological
studies only when there was reason to believe that
an archaeological resource may be present.
But that rule didn't always work.
In fact, in 2001, a 19th century wooden shipwreck was discovered in the Mississippi Canyon only
after ExxonMobil laid a pipeline through it.
Exxon did not conduct an archaeological study beforehand because they didn't have the
requisite reason to believe that an archaeological resource might be present at the site. So the Biden
administration issued this new rule that said regardless of whether there's
reason to believe archaeological resources are present, oil and gas
companies have to complete archaeological studies before drilling in
the outer continental shelf. Those that oppose the rule say it's too
taxing on smaller companies, it's a waste of money and resources, Democrats who voted across the aisle echo similar concerns.
One Democratic lawmaker said it feels like there's more paperwork without
significant benefit. Democrats don't like red tape any more than Republicans. It
doesn't improve drilling or wind or solar or anything out there, it just
creates work. On the other side of things things, environmental agencies disagree that the time and money
spent on survey processes is wasteful and unnecessary.
The American Cultural Resource Association said the rule requires only a very small amount
of time and money that helps prevent the permanent destruction of our history.
So the passage of the resolution marked the first Senate action this year under the Congressional
Review Act, which allows lawmakers to kill newly issued federal rules by a simple majority.
And if you've never heard of the Congressional Review Act, you might be seeing it more in
the next few months.
It was established in 1996 to reverse the so-called midnight regulations that administrations
pass before they leave office.
For clarity's sake, rules don't have to be enacted
literally the night before a president leaves office
to be considered a midnight regulation.
It just has to happen later on in the president's term.
For example, this oil drilling rule
that Biden's administration imposed
was enacted in September, three months before he left office,
but it's still considered a midnight regulation
for purposes of the Congressional Review Act.
Both the Senate and the House plan to vote on more CRA resolutions soon.
In fact, the Senate, Senate Republicans also plan to change several of Biden's other drilling
rules in the coming months under CRA jurisdiction.
And keep in mind, under the CRA, if a regulation is successfully revoked, agencies cannot use
any substantially similar regulation
in the future unless authorized by Congress.
So it has wider reaching implications
than just the actual resolution that's revoked.
So again, this resolution will now head to the House
where it's likely to pass due to the Republican majority.
All right, let's take our first break here.
I will be right back.
Welcome back.
The Supreme Court heard arguments
in an interesting case yesterday
called Ames versus Ohio Department of Youth Services.
The issue in this case is whether a majority group person,
in this case a straight person, a heterosexual person,
has to meet a higher standard than someone
in a minority group when it comes
to workplace discrimination.
So to provide a bit of context here, in 2004, Marlene Ames began working as an executive
secretary at the Ohio Department of Youth Services, which oversees the confinement and
rehabilitation of children and teenagers who commit felonies.
Ten years after getting the job, she was appointed as a program administrator. And four years after that, now 2018, she was given a performance evaluation where she was
found to have met expectations in 10 categories and exceeded expectations in one.
So one year after that performance evaluation, she went ahead and applied for a new position
as bureau chief.
This would have been a promotion, but she didn't get the job.
According to her interviewers,
she was rejected for the position
because she failed to lay out her vision for the role.
But not only did she not get the job,
soon after she applied for the new job,
her bosses sat her down,
removed her from her current job as program administrator,
and gave her the option to go back to her old job
where she would take about a 50% pay cut.
Notably, Ames did take the pay cut.
She did take the demotion.
She was later promoted back to a program administrator
for a different program.
But in light of all of this, in August 2019,
she filed a charge of discrimination
with the Ohio Civil Rights Commission
and the Equal Opportunity Commission.
And then in November of 2020,
she officially sued her employer
for employment discrimination. She argued that she was the subject of discrimination Commission and then in November of 2020 she officially sued her employer for
employment discrimination. She argued that she was the subject of
discrimination based on her sexual orientation and in support of that claim
she noted that her employer hired a gay woman instead of her for the bureau chief
role that she had applied for and she was replaced by a gay man in the program
administrator role that she was demoted from.
So this case, you know, it's being litigated
and on appeal, the Sixth Circuit rules against her.
The court acknowledged that her case was an easy one
based on the fact that she held her job
as program administrator for five years
with reasonably good reviews,
but then was replaced by a gay man
and a gay woman got the job that she had wanted. But the court found that because Ames is straight,
she was also required to show background circumstances that would support the suspicion
that her employer discriminated against her. She was unable to show these background circumstances
and she ended up losing the case.
So Ames then goes to the Supreme Court
and here's the question the justices now have to answer.
In addition to pleading and proving other elements
of employment discrimination,
does a majority group plaintiff have to show
background circumstances to support the suspicion
that the defendant, the employer,
discriminates against the majority. As for Ames, she argued that requiring a show of
background circumstances conflicts with the text of Title VII of the Civil Rights Act,
which simply prohibits discrimination against any individual with respect to the terms of conditions
of employment due to that individual's sex or other protected characteristic.
She argued that by imposing
this background circumstances rule,
the Court of Appeals is effectively adding words
to Title VII that aren't there.
Her employer, on the other hand, argued
that the appeals court didn't impose a higher standard
simply because aims is straight.
Instead, the background circumstances requirement
is simply a method of
analysis for the courts to use. However, the Supreme Court justices were not buying the
employer's argument. This case will go in favor of Ames. I'm 99% sure. You can't be 100% sure,
of course, but I'm almost there. And that is because even Justice Gorsuch said during arguments
yesterday that the justices were in quote, radical agreement. And that is because even Justice Gorsuch said during arguments yesterday that the justices were in quote, radical agreement.
And that is not something you hear every day on the bench.
Not that a unanimous decision from the court is rare,
but it's just rarely ever voiced during the actual argument.
So we can expect that when this decision comes out,
it'll go in Ames's favor,
which will mean that for a majority group person
to claim employment discrimination,
they are held to the same standard as a minority group person would be. Speaking of the Supreme
Court though, it released the cases it'll be hearing in its April session, which starts on
April 21st. Just to note some of the more high-profile cases, here they are starting with
Kennedy versus Braidwood management, which the court will hear on the first day of its April session. This case centers around an HHS
policy that requires health insurance providers to cover the cost of preventative medications and
services. Braidwood Management is a company that self-insures its employees and it's taking issue
that self-insures its employees and it's taking issue with this particular requirement because it means that it has to cover preventative treatments for its
employees such as PrEP, a drug that effectively prevents HIV infection.
Braidwood believes these drugs encourage and facilitate homosexual behavior, which
the owner of the company says goes against his religious beliefs. As for the
legal basis of the case, Braidwood argues that the Preventative Services Task
Force within the HHS, which is who created this policy that requires health insurance
providers to cover the costs of preventative medications and services, is in violation
of the Appointments Clause of the Constitution because the task force members were not appointed
by the president or confirmed by the Senate. The court below held that the task force did violate the
Constitution and the Supreme Court will now have to decide whether to uphold or
reverse that ruling. And a quick note here this case was originally called
Becerra versus Braidwood management and that's because the HHS secretary under
Biden was Xavier Becerra but the current current HHS secretary, Robert F. Kennedy, has now replaced Becerra, so the new case
name is Kennedy vs. Braidwood Management.
Moving on to Mahmood vs. Taylor, the Supreme Court will decide whether or not it burdens
parents' religious exercise when public schools instruct elementary school students on gender
and sexuality without the consent or knowledge
from the parents.
This case was originally filed in Montgomery County, Maryland, where Superintendent Thomas
Taylor and the school board require elementary school teachers to read certain books to their
students, some of which discuss gender and sexuality.
The plaintiffs include parents of elementary school-aged kids in the county and an association called
Kids First.
A major issue in this particular case is that the Board of Education did not allow parents
to opt their kids out of this instruction, so the plaintiffs argued that the failure
to do so was a violation of their rights to guide the religious upbringing of their children.
However, the court below held that parents give up these rights when they send their
kids to public schools.
So the Supreme Court will have to decide whether to uphold or reverse that ruling, and the
court will hear arguments in that case on April 22nd.
And the third and final case we'll talk about that will be heard in the court's April session
is AJT versus OCO area schools.
This centers around disability-based discrimination in schools and the standard
that plaintiffs must meet when they bring a disability discrimination claim in the courts.
So under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act,
people can be awarded for compensation when they prove that a defendant was deliberately
indifferent to the rights that protect them from disability discrimination in schools.
The Individuals with Disabilities Education Act guarantees the right to a free public
education as well as individualized education programs called IEPs.
We talked about this a couple of weeks ago.
What we didn't talk about though is that the Eighth Circuit Court of Appeals recently created
a more stringent standard for getting compensation under these
laws.
Plaintiffs now have to prove that school officials acted with bad faith or gross misjudgment
in order to prevail.
And the plaintiffs are challenging that heightened standard, which means the Supreme Court will
now decide if this bad faith or gross misjudgment standard should be the bar for education-related
disability discrimination relief going forward.
Staying on the topic of legal battles, on Monday, a federal judge blocked the transfer
of 12 transgender female prisoners to male federal prisons. As we've discussed, the president
recently signed an order called Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government,
which clarified that in government settings there are only two sexes, male and female, and that those sexes are not interchangeable.
Following the issuance of that order, transgender prisoners in federal prisons were to be moved to facilities which are meant for members of their biological sex.
Three transgender female prisoners who were set
to be moved to male federal prisons filed a lawsuit alleging one, their medical needs would
not be met at a prison that does not recognize their gender identity, and two, they would not
be safe in a men's facility. On February 4th, a judge issued a temporary restraining order against
the federal government, which meant the government could not move the transgender women to the men's facility, and in reasoning this way, the judge cited to the Eighth Amendment,
which protects against cruel and unusual punishment.
The most recent development, though, came earlier this week when that temporary block
was extended to an additional 12 inmates.
Notably, this is the second lawsuit related to this issue since the president's executive
order.
In January, an inmate was set to be transferred
to a male prison after the Bureau of Prisons records
changed their sex from female to male.
They filed a lawsuit with similar reasoning
and that judge also granted a temporary restraining order
against the government.
That inmate has since been placed on,
or I should say has since been placed in,
a special holding unit pending transfer.
Okay, let's take our second and final break here. I know the ad times are a little bit messed up this
episode. The timing was just a little bit off. We're going to take our second and final break
here. When we come back, we'll talk about a foreign aid legal saga, some quick hitters,
and rumor has it. Okay, welcome back. Let's now talk about this foreign aid legal saga. Last night, the Supreme
Court paused a lower court order requiring the Trump administration to release $2 billion
in frozen foreign aid. The effect of the Supreme Court's ruling is that the administration
does not have to release the funds that it was previously ordered to by a lower court,
but let's back up a bit and talk about how we got here. So on Trump's first day in office, he issued an executive order which stopped the disbursement
of foreign aid to international organizations for 90 days.
This included USAID-funded programs and impacted various health and educational programs and
organizations worldwide.
So various nonprofit organizations and contractors that are involved in the US foreign assistance
programs sue the administration, arguing that the administration's decision to suspend
foreign aid violates both federal law and the Constitution. Consequently, the
plaintiffs asked the court for a court order to enforce the release of the
suspended foreign aid payments and ensure that the contracted programs
would continue receiving the money they were promised.
So roughly two weeks ago, a judge granted that request.
However, despite that order, the plaintiffs say that they are unaware of any payments
having gone through to them.
And without the payments and reimbursement for work that had already been completed, they
would be forced to furlough workers and end critical programs overseas.
So a week after the judge issued that original order, he granted another motion from the
plaintiffs, this time to enforce the order. In doing so, he criticized the administration
for keeping the funds suspended. He ordered the administration to end the suspension and
honor the terms of existing contracts and grants, and gave the administration roughly 36 hours
until 11.59 PM Eastern Time on Wednesday
to pay the roughly $2 billion that was owed to contractors
for work that had been completed prior to February 13th.
The day before the Wednesday deadline,
the administration appeals the order,
arguing that the Wednesday deadline was impractical because the required payments would take weeks to process due to
new procedures aimed at ensuring legitimacy and compliance with policy goals. Wednesday night
rolls around and the appeals court had not yet acted on the appeal, so with the deadline approaching
in a matter of hours, the administration seeks emergency intervention from the Supreme Court. Then, between the time that the administration
went to the Supreme Court on Wednesday, but before the Supreme Court issued their ruling
Wednesday night, the appeals court made its decision. It rejected the administration's
appeal finding that the lower court's order was not appealable. However, since the administration
had already gone to the Supreme Court, it just awaited the Supreme court's order was not appealable. However, since the administration had already gone
to the Supreme Court,
it just awaited the Supreme Court's response.
And late last night, Chief Justice Roberts issued an order
that put the lower court's order on hold,
meaning the administration does not have to pay
the roughly $2 billion in foreign aid, at least not yet,
because the Chief Justice also ordered the plaintiffs,
the ones that originally sued
the administration, to submit their response to the administration's appeal by noon tomorrow
and implied that the court would make a more permanent decision once it reviews the briefs
from both parties.
Now the reason that the Chief Justice issued this order alone is because the way the court
works is like this.
Each justice has jurisdiction over a certain
appellate circuit.
For instance, when there's an appeal from the eighth circuit
court of appeals, it goes to Justice Kavanaugh.
When there's an appeal from the second circuit,
it goes to Justice Sotomayor.
When there's an appeal from the DC circuit court of appeals,
it goes to the Chief Justice.
When a justice receives an appeal,
they can either act alone or they can refer it
to the full court.
Obviously in this situation, because there was very limited time to act, the chief justice
acted alone, but that's the way the court works.
Also worth noting, court orders, which is what we saw last night, court orders are different
than court opinions when it comes to the Supreme Court.
So with orders, the court does not have to give us a rationale or tell us why it ruled the
way it did or tell us which way certain justices ruled on any given issue. So in this case,
because it was an order, not an opinion, we didn't get much information as to why the chief justice
ruled the way he did. We just know that he acted alone in putting the lower court's order on hold.
So more will definitely develop in this case and I will update you accordingly. Let's now move on to some quick hitters, starting with this announcement out
of the White House regarding Doge. We finally know who the Doge acting administrator is.
Her name is Amy Gleason. She previously worked with the United States digital service from
2018 to 2021. And a couple of things worth mentioning here. One, we talked last week
about that affidavit filed by the
administration which said Musk was not the administrator of Doge and everyone was kind
of like okay well then who is it because the president himself has said Musk is running Doge.
We also talked about the fact that in creating Doge, the president essentially renamed what was
once the U.S. digital service to the U.S. Doge Service. So a senior advisor of the US Digital Service
now serving as the acting administrator
of the US Doge Service kind of makes sense.
To give you a little bit of background on Gleason,
she is a 53 year old.
She has a background in healthcare tech and public service.
She started out as a nurse early in her career.
She eventually co-founded a telemedicine startup
focused on chronic disease management.
Keep in mind, the U.S. Digital Service started as an agency that was meant to make government
systems more efficient for purposes of Obamacare. So that's where the healthcare side of Gleason's
experience ties into the U.S. Digital Service and now the U.S. Doge Service.
But speaking of Doge, the second quick hitter is that on Tuesday, 21 Doge employees resigned in protest against the agency's recent directives. But these are people
that previously worked for the US Digital Service. They were not new hires specifically for Doge.
They included people like engineers, data scientists, and product managers.
And in their resignation letter, they expressed concerns over compromising governmental systems and dismantling critical public services.
And some news out of Congress. The House passed its budget resolution earlier this week, very much
along party lines in a 217 to 215 vote. You may remember last week I reported that the House
Committee had passed the GOP budget resolution and I said that
it would now have to pass the full House.
That's what happened on Tuesday.
But I've also since talked about the fact that the Senate also passed their own budget
resolution, which looks a lot different than the resolution from the House.
So what will happen now that both chambers have officially passed their own versions
of a resolution, committees from both chambers will get together, try to sort out their differences
with the goal of coming up with one resolution that can be adopted by both chambers.
And if and when that one resolution is adopted by both chambers, that's what would serve
as the binding roadmap for Congress when it comes time to appropriate funds to each department
of the government for the upcoming fiscal year.
In other news, the president reiterated today that the 25% tariffs on Mexico and Canada will go into effect
on March 4th and possibly even an additional 10% tariff on China. Taking
to True Social this morning, the president wrote, quote, drugs are still
pouring into our country from Mexico and Canada at very high and unacceptable
levels. A large percentage of them of these drugs, much of them in the form of
fentanyl, are made in and supplied by China. We cannot allow this scourge to continue to harm
the USA and therefore, until it stops or is seriously limited, the proposed tariff scheduled
to go into effect on March 4th will indeed go into effect as scheduled. China will likewise be
charged an additional 10% tariff on that date.
The April 2nd reciprocal tariff date will remain in full force and effect."
And the FDA canceled a March meeting about flu vaccine strains without explanation or
any indication that it would be rescheduled.
The cancellation follows a postponement of a meeting of CDC vaccine advisors, which was
scheduled to take place this week.
A member of the Vaccine and Related Biological Products
Advisory Committee said the March flu vaccine meeting
is held every March to pick flu strains
for the upcoming flu season,
since it's a six-month production cycle
for a vaccine released in September.
The FDA, in confirming the meeting's cancellation,
said it would make public its
recommendations to manufacturers in time for updated vaccines to be available for the 2025-2026
flu season. And the Supreme Court ruled that death row inmate Richard Glossop will get a new trial
after finding prosecutors failed to correct false testimony in Glossop's original trial.
I've talked about Glossop's case in the past, but he's been on death row since 1998.
Back in 1997, he was the manager at a hotel in Oklahoma City when the hotel's handyman,
Justin Snead, murdered the hotel owner. Snead admitted to the murder, but told police that Glossop paid him to do it. And Sneed offered to testify
against Glossop at Glossop's trial in exchange for a plea deal. He did just that. On the stand,
Sneed falsely testified that he had never been prescribed lithium and he had never seen a
psychiatrist. Years later, new evidence uncovered documents that showed prosecutors knew that Sneed
had been diagnosed with bipolar disorder, treated by a psychiatrist, and prescribed lithium, but
failed to correct Snead's false testimony at trial.
So the Supreme Court ultimately found that correcting this false testimony would have
disrupted the prosecution's case and their portrayal of Snead and potentially would have
changed the jury's verdict, and therefore Glossop is entitled to a new trial.
And yesterday, the president announced
that the United States is withdrawing from an agreement that allowed Chevron to drill and refine
oil in Venezuela. The deal with Venezuela was one that was entered into by former president Biden
as an exception to the sanctions put on Venezuela by the United States. Per the terms of the deal,
the United States would allow Chevron to drill in Venezuela,
contributing to Venezuela's economy, and Venezuela, in exchange, would facilitate a fair election.
As we've talked about, that election definitely did not end up being a fair one, and Trump
wrote on Truth Social today, quote,
We are hereby reversing the concessions that crooked Joe Biden gave to Nicolas Maduro of
Venezuela on the oil transaction agreement and also having to do with electoral conditions within Venezuela which have not been met by the Maduro regime. Additionally,
the regime has not been transporting the violent criminals that they sent into our country back
to Venezuela at the rapid pace they agreed to, and therefore ordering that the ineffective and
unmet Biden concession agreement be terminated as of the March 1st option to renew." And as our last quick hitter, a new Department of Defense memo written yesterday says, among
other things, that service members who have a current diagnosis or history of or exhibit
symptoms consistent with gender dysphoria will be processed for separation from military
service.
The Secretaries of the Military Depart departments within 30 days must establish procedures and implement steps to identify service members who fall into
this category, and then within 30 days of identification, those service members shall
begin separation actions, unless an individual is granted a waiver. So waivers would be issued on a
case-by-case basis if the service member, one, demonstrates 36 consecutive
months of stability in the service member's sex without clinically
significant distress or impairment, two, demonstrates that he or she has never
attempted to transition to any sex other than their sex, and three, is willing and
able to adhere to all applicable standards. So it seems from the language
in the memo that a service member can stay in the military even if they identify with another sex so long as they have never attempted to transition
and haven't had any periods of instability in how they view their sex in the last three
years.
Okay, now it's time for Rumor Has It, my weekly segment where I address rumors submitted by
all of you.
Either confirm them, dispel them, or add context if I can't dispel or confirm.
Rumor has it that the state of Wisconsin is replacing the word mother with inseminated person in state laws. This is true.
Let's also add some context.
The governor submitted a budget bill to the state legislature for approval earlier this month and in that bill,
the governor changed mother to inseminated person in one particular statute. It is a statute that deals with IVF.
Currently the law reads, quote, the husband of the mother at the time of conception of
the child shall be the natural father of a conceived child.
But the amended law, if it's passed by the legislature, will read, quote, the spouse
of the inseminated person at the time of conception of the child shall be the natural parent of
the child conceived be the natural parent of the child conceived."
This change is one of many changes in the budget bill that substitutes gendered
terms with gender-neutral language, but the only instance of changing mother to inseminated person is in that IVF statute. The governor responded to the criticism he has received, saying,
I didn't know Republicans were against IVF, but apparently they are because that is what this is about. Moms are moms, dads are dads,
and what we want is legal certainty that moms are able to get the care they need. That's
it. End of story. End quote. Rumor has it that President Trump was a Russian spy. Let's
add some context. This claim originates from two former Russian intelligence officers.
The first made his claim in 2021, the other made his
claim more recently in the last week or so. So in 2021 in a book titled American Compromat, How the
KGB Cultivated Donald Trump and Related Tales of Sex, Greed, Power, and Treachery, a former KGB major
named Yuri Shvets alleged that Russia had compromised Trump. More recently, a former Soviet intelligence
officer named Alnur Musaev made a Facebook post on February 20th claiming that in 1987, the
KGB had converted quote 40 year old businessman from the United States
Donald Trump named Krasnov while Trump had visited the Soviet Union. So this
post quickly gained traction and ex-user ended up making a thread of
quote various pieces of information that solidified the truth of Trump's
KGB involvement that post has since been viewed over 10 million times. So here's what we know
intelligence reports indicate that in the mid 1980s KGB operatives were instructed to target
influential western figures like prominent businessmen. Musaev claims that Trump visited
Russia in 1987 to learn more about a real estate project
that was supposed to be backed by Soviet officials. And during that trip, Trump met with Soviet
officials about the real estate project and may have been converted to an asset during these
meetings. Musaev further claims that Trump's KGB file is still active and managed by a close ally
of Putin. And he attempts to substantiate these claims by saying that in 1987, he was
working for the, him being Musaev, was working for the KGB's sixth directorate, and while
there, recruiting businessmen from capitalist countries was his department's top priority.
Now, Snopes has reported that Musaev's timeline doesn't match his story because it says that
while Musaev says he worked for the KGB's sixth directorate in 1987, multiple Russian language directories show that Musiev officially left
the KGB in 1986 and moved to the Ministry of Internal Affairs, which is where he worked
during Trump's 1987 visit.
Adding to that, Snopes reports that espionage is not believed to have been the primary objective
of the sixth directorate.
Instead, according to the encyclopedia of the CIA, this division focused on
enforcing financial and trade laws as well as guarding against economic
espionage. On the possible truth side of things, Trump did reportedly visit Moscow
in 1987 to look at possible locations for luxury hotels and Trump's relatively
pro-Russian positions compared to past presidents have led some to believe that
he is, you know, or was a Russian asset in one way or another. And given the fact that multiple
former Russian intelligence officers have now made similar accusations and it's not just one person,
some are tending to believe them. Unfortunately, with this rumor, I cannot definitively confirm
its truth or falsity, but that is what we know. So that is what I have for you today. Thank you so much for being here. Have a fantastic weekend, and I will talk to you on Monday.