House Speaker Nancy Pelosi took a swipe at President Trump as she and fellow Democrats are plowing forward with another massive coronavirus relief package.

Presumptive Democratic nominee Joe Biden’s campaign is beefing up its digital staff, just as it had been hit by a series of technical problems at a virtual event on Thursday -- and amid alarm bells from Democratic allies that it is lagging behind the Trump campaign on the digital battlefield.

Georgia Gov. Brian Kemp announced Saturday that the state had the lowest number of hospitalized coronavirus patients it has seen in just over a month.

EXCLUSIVE: The leader of the National Republican Congressional Committee (NRCC) sent a memo to all House Republicans Saturday with an "urgent call to arms" that Democrats are trying to "steal" Tuesday's special election for California's 25th Congressional District Seat, Fox News has learned.

Kicks, punches and grunts echoed through the empty arena. Coaches, commentators and camera clicks resonated like never before. Blood, sweat, swollen eyelids and face masks signaled the return of UFC, the first major sporting event to resume since the coronavirus shuttered much of the country for nearly two months.

NBA commissioner Adam Silver is cautiously optimistic about finishing out the season in a two-site plan which will likely not include fans -- a condition that may carry into next season. 

The NCAA has made it clear that unless college campuses are open to the entire student body in the fall, there are no plans to risk the health of student-athletes for the sake of sports. 

Cleveland Cavaliers’ Kevin Love was one of the few players to enter a training facility Friday as the NBA slowly begins its path back to normalcy but the five-time All-Star described his first day back on the court in almost two months as any but normal. 

Kicks, punches and grunts echoed through the empty arena. Coaches, commentators and camera clicks resonated like never before. Blood, sweat, swollen eyelids and face masks signaled the return of UFC, the first major sporting event to resume since the coronavirus shuttered much of the country for nearly two months.

A California Democrat seemed less than upset Saturday night at the news that entrepreneur Elon Musk planned to pull much of his company Tesla – along with an unspecified number of jobs -- out of the state over coronavirus shutdown rules that have stalled the automaker's operations.

Each week, I receive tons of questions from my listeners about tech concerns, new products, and all things digital. Sometimes, choosing the most interesting questions to highlight is the best part of my job. Do you have a question you’d like to ask me?

A long list of broken dreams.

Elliot might be there, but he’s not there for Maja, at least not in the ways she needs him to be.

A candlelight vigil proves the perfect setting for all our characters to bounce off each other, and for secrets to come creeping out.

It made me realize I’ve even missed the eat-your-spinach parts of being a critic.

The Sim/Julie relationship that looked like it had no future not so long ago now appears to be back on.

If you squint, you can almost see season three from here.

You’ll never guess their keynote speaker.

She also has a gift for mothers everywhere.

“If you don’t have any flour, you can just go to bed.”

On Thursday, the Professional Beauty Federation of California published a press release to the “Hot Topics” section of their website. It was titled: “Time to Sue Governor Newsom.” 

The release came in response to Gov. Gavin Newsom’s announcement that the following morning, California would officially enter “Phase Two” of the “Safer at Home” order. Select businesses, from florists to clothing retailers to toy stores, would be able to resume operations in a limited capacity. But absent from the list of acceptable businesses: beauty salons. Newsom placed businesses like nail salons and barbershops in “Phase Three”—a stage he believes to be “months, not weeks” away. 

“This whole thing spread in the state of California—the first community spread—was in a nail salon,” Newsom said in a press conference last week, without providing details about the date or location of the case. “Many of the practices that you would otherwise expect of a modification were already in play in many of these salons, with people that had procedure masks on, were using gloves, and were advancing higher levels of sanitation.”

Read more at The Daily Beast.

Look, I’m not above finishing an entire bag of Zapp’s Voodoo Chips in one sitting, and that’s on a normal day. But these are abnormal days, which means stress eating is high on my to-do list. Rather than going to town on a box of Ritz and American cheese (don’t judge me), I’ve been trying to reeducate my palette and eat “healthier” snacks. I’m not talking nuts and seaweed here, though they are tasty. These are the snacks that are just a slight upgrade from the everyday salty/sweet sustenance. Here are the pantry snacks that are helping me stress eat better.

Scouted selects products independently and prices reflect what was available at the time of publish. Sign up for our newsletter for even more recommendations. Don’t forget to check out our coupon site to find deals from Wayfair, Target, Kohls, and more. If you buy something from our posts, we may earn a small commission.

Read more at The Daily Beast.

Thirty-three million Americans have filed for unemployment since the coronavirus lockdowns began in earnest. Many more have tried and failed thanks to an extremely creaky system running on ancient software, easily overwhelmed by a tsunami of layoffs.

But 20.5 million, the official number of jobs lost in April, according to a report released on Friday by the Bureau of Labor Statistics, is a terrifying figure in its own right. That’s the worst single month for job losses in a data set that dates back to 1939. As in, when Franklin Roosevelt was president and the Great Depression was still fading in the rearview mirror.

After weeks of mounting evidence of economic collapse, the official U.S. unemployment rate has spiked to 14.7 percent, and that number was biased down because 6 million people just gave up and dropped out of the labor market and were thus not counted in the jobless rate. That rate will almost surely go even higher from here.

Read more at The Daily Beast.

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Appearing in an Instagram live chat with soccer star Megan Rapinoe on April 30, presumptive Democratic nominee Joe Biden made a spontaneous, vague statement about how he’s been “speaking to a lot of Republicans,” including “former colleagues, who are calling and saying Joe, if you win, we’re gonna help.”

Then he showed his hand: “Matter of fact, there’s some major Republicans who are already forming ‘Republicans for Biden,’” the former vice president said. “Major officeholders.”

The comment hardly received any attention at the time. But in declaring it, Biden ended up tipping off the earliest stages of a brewing effort that’s starting to get underway in certain Republican circles behind-the-scenes. 

Read more at The Daily Beast.

Shoes continue to drop in the investigation into the Trump campaign's possible connections to Russia. Yesterday, speculation that the FBI was looking into the Trump family was confirmed by reports that Jared Kushner, the president's son-in-law and senior advisor, is under scrutiny. More details are emerging about the investigation.

Enter the Washington Post:

Jared Kushner and Russia’s ambassador to Washington discussed the possibility of setting up a secret and secure communications channel between Trump’s transition team and the Kremlin, using Russian diplomatic facilities in an apparent move to shield their pre-inauguration discussions from monitoring, according to U.S. officials briefed on intelligence reports.

Ambassador Sergei Kislyak reported to his superiors in Moscow that Kushner, then President-elect Trump’s son-in-law and confidant, made the proposal during a meeting on Dec. 1 or 2 at Trump Tower, according to intercepts of Russian communications that were reviewed by U.S. officials. Kislyak said Kushner suggested using Russian diplomatic facilities in the United States for the communications.

The meeting also was attended by Michael Flynn, Trump’s first national security adviser.

This story hasn't been confirmed by other publications, so take it with the weight of a single report based on anonymous sources, but having said that: Yikes.

Go read the whole thing.

By Ned Parker and Jonathan Landay

WASHINGTON (Reuters) - U.S. President Donald Trump’s son-in-law and close adviser, Jared Kushner, had at least three previously undisclosed contacts with the Russian ambassador to the United States during and after the 2016 presidential campaign, seven current and former U.S. officials told Reuters.

    Those contacts included two phone calls between April and November last year, two of the sources said. By early this year, Kushner had become a focus of the FBI investigation into whether there was any collusion between the Trump campaign and the Kremlin, said two other sources - one current and one former law enforcement official.

Kushner initially had come to the attention of FBI investigators last year as they began scrutinizing former national security adviser Michael Flynn’s connections with Russian officials, the two sources said.

    While the FBI is investigating Kushner’s contacts with Russia, he is not currently a target of that investigation, the current law enforcement official said.

The new information about the two calls as well as other details uncovered by Reuters shed light on when and why Kushner first attracted FBI attention and show that his contacts with Russian envoy Sergei Kislyak were more extensive than the White House has acknowledged.

    NBC News reported on Thursday that Kushner was under scrutiny by the FBI, in the first sign that the investigation, which began last July, has reached the president’s inner circle.  

    The FBI declined to comment, while the Russian embassy said it was policy not to comment on individual diplomatic contacts. The White House did not respond to a request for comment.

Multiple attempts to obtain comment from Kushner or his representatives were unsuccessful.

In March, the White House said that Kushner and Flynn had met Kislyak at Trump Tower in December to establish “a line of communication.” Kislyak also attended a Trump campaign speech in Washington in April 2016 that Kushner attended. The White House did not acknowledge any other contacts between Kushner and Russian officials.

BACK CHANNEL

Before the election, Kislyak’s undisclosed discussions with Kushner and Flynn focused on fighting terrorism and improving U.S.-Russian economic relations, six of the sources said. Former President Barack Obama imposed sanctions on Russia after it seized Crimea and started supporting separatists in eastern Ukraine in 2014.

After the Nov. 8 election, Kushner and Flynn also discussed with Kislyak the idea of creating a back channel between Trump and Russian President Vladimir Putin that could have bypassed diplomats and intelligence agencies, two of the sources said. Reuters was unable to determine how those discussions were conducted or exactly when they took place.

Reuters was first to report last week that a proposal for a back channel was discussed between Flynn and Kislyak as Trump prepared to take office. The Washington Post was first to report on Friday that Kushner participated in that conversation.

Separately, there were at least 18 undisclosed calls and emails between Trump associates and Kremlin-linked people in the seven months before the Nov. 8 presidential election, including six calls with Kislyak, sources told Reuters earlier this month. . Two people familiar with those 18 contacts said Flynn and Kushner were among the Trump associates who spoke to the ambassador by telephone. Reuters previously reported only Flynn’s involvement in those discussions.

Six of the sources said there were multiple contacts between Kushner and Kislyak but declined to give details beyond the two phone calls between April and November and the post-election conversation about setting up a back channel. It is also not clear whether Kushner engaged with Kislyak on his own or with other Trump aides.

HOW KUSHNER CAME UNDER SCRUTINY

    FBI scrutiny of Kushner began when intelligence reports of Flynn’s contacts with Russians included mentions of U.S. citizens, whose names were redacted because of U.S. privacy laws. This prompted investigators to ask U.S. intelligence agencies to reveal the names of the Americans, the current U.S. law enforcement official said.

Kushner’s was one of the names that was revealed, the official said, prompting a closer look at the president’s son-in-law’s dealings with Kislyak and other Russians.

    FBI investigators are examining whether Russians suggested to Kushner or other Trump aides that relaxing economic sanctions would allow Russian banks to offer financing to people with ties to Trump, said the current U.S. law enforcement official.

    The head of Russian state-owned Vnesheconombank, Sergei Nikolaevich Gorkov, a trained intelligence officer whom Putin appointed, met Kushner at Trump Tower in December. The bank is under U.S. sanctions and was implicated in a 2015 espionage case in which one of its New York executives pleaded guilty to spying and was jailed.

The bank said in a statement in March that it had met with Kushner along with other representatives of U.S. banks and business as part of preparing a new corporate strategy.

    Officials familiar with intelligence on contacts between the Russians and Trump advisers said that so far they have not seen evidence of any wrongdoing or collusion between the Trump camp and the Kremlin.  Moreover, they said, nothing found so far indicates that Trump authorized, or was even aware of, the contacts.

    There may not have been anything improper about the contacts, the current law enforcement official stressed.

    Kushner offered in March to be interviewed by the Senate Intelligence Committee, which is also investigating Russia’s attempts to interfere in last year’s election.

The contacts between Trump campaign associates and Russian officials during the presidential campaign coincided with what U.S. intelligence agencies concluded was a Kremlin effort through computer hacking, fake news and propaganda to boost Trump’s chances of winning the White House and damage his Democratic opponent, Hillary Clinton.

 (Reporting by Ned Parker and Jonathan Landay; Additional reporting by John Walcott, Warren Strobel and Phil Stewart in Washington; Editing by Kevin Krolicki and Ross Colvin)

The police officer who fatally shot 12-year-old Tamir Rice in a Cleveland park in November 2014 has been fired, Cleveland's police chief said at a press conference on Tuesday. The decision comes two and a half years after Rice was killed. Officer Timothy Loehmann was fired not for shooting Rice but for lying on his job application about his disciplinary record at a previous police department, according to the termination documents. (Another officer who had been on the scene of the shooting was suspended for 10 days.)

Loehmann, who started working for the Cleveland Police Department in early 2014, failed to disclose that although he voluntarily left his job at another department, he was allowed to resign after a series of incidents in which supervisors deemed him unfit for duty, according to Cleveland.com. He also did not disclose that he had failed a written exam for employment at a second police department.

Loehmann shot Rice after he and his partner responded to a 911 call about a person in a park waving a gun. His death became an early touchstone for the Black Lives Matter movement. Video of the shooting showed that Loehmann shot the child, who was holding a toy pellet gun, within two seconds of arriving on the scene. A grand jury declined to charge the officers involved.

A dispatcher who took the initial 911 call was suspended in March for failing to tell the responding officers that the caller had said the person with the gun might be a juvenile and that the gun could be fake. A June 2015 Mother Jones investigation revealed how that failure contributed to the child's  death.

Rep. Darrell Issa (R-Calif.) was seen taking refuge on the roof of his office building in Vista, California, Tuesday, taking photos of angry constituents who had gathered below to protest the congressman's voting record. The incident comes before a much-anticipated town hall meeting this Saturday at San Juan Hills High School, where the nine-term congressman is expected to face a hostile crowd because of his support for various Trump administration policies, including the Republican plan to repeal and replace Obamacare.

Democrat Mike Levin, an environmental lawyer who recently announced his bid to challenge Issa in 2018, shared an image of the congressman appearing to avoid demonstrators on social media, where it was roundly mocked.

Others saw his retreating to a rooftop as reminiscent of Michael Scott, Steve Carrell's character in The Office who memorably took to the roof in the episode titled "Safety Training."

Issa, on the other hand, described his trip to the roof a bit differently. Shortly after the criticism, he took to Twitter to offer this narrative. We recommend zooming in to take a closer look at the signs:

For more on Levin and the fight to defeat Issa, the richest man in Congress, head to our profile here.

Today, a federal appeals court judge in California rebuked the Trump administration for its zealous deportation policy and for "ripping apart a family." Judge Stephen Reinhardt of the 9th Circuit Court of Appeals found that he had no power to stop the removal of Andres Magana Ortiz, but nevertheless took the time to write a short opinion blasting his deportation as "inhumane."

"We are unable to prevent Magana Ortiz's removal, yet it is contrary to the values of this nation and its legal system," Reinhardt wrote in a six-page concurring opinion. "Indeed, the government's decision to remove Magana Ortiz diminishes not only our country but our courts, which are supposedly dedicated to the pursuit of justice…I concur as a judge, but as a citizen I do not."

As Reinhardt detailed in his opinion, Magana Ortiz came to the United States from Mexico 28 years ago, built a family and a career, and paid his taxes. His wife and three children are American citizens. His only legal transgressions were two DUIs, the last one 14 years ago. "[E]ven the government conceded during the immigration proceedings that there was no question as to Magana Ortiz's good moral character," Reinhardt noted. Nonetheless, in March the government decided to deny Magana Ortiz's application for a stay of removal while he applied for legal residency status, a process that is still underway, and moved to deport him to Mexico.

Reinhardt took particular aim at the fact, demonstrated repeatedly in the first months of Donald Trump's presidency, that the administration's immigration crackdown is not only targeting violent criminals. "President Trump has claimed that his immigration policies would target the 'bad hombres,'" he wrote. "The government's decision to remove Magana Ortiz shows that even the 'good hombres' are not safe. Magana Ortiz is by all accounts a pillar of his community and a devoted father and husband. It is difficult to see how the government's decision to expel him is consistent with the President's promise of an immigration system with 'a lot of heart.' I find no such compassion in the government's choice to deport Magana Ortiz."

Read the full opinion below.

On May 17, while delivering a graduation speech to cadets at the Coast Guard Academy in New London, Connecticut, a scandal-plagued President Donald Trump took the opportunity to complain, yet again, about the news media. No leader in history, he said, has been treated as unfairly as he has been. Shortly thereafter, when the graduates presented Trump with a ceremonial sword, a live mic picked up Homeland Security chief John F. Kelly telling the president, "Use that on the press, sir!"

Kelly was presumably joking, but the press isn't laughing. Presidents have complained bitterly about reporters since George Washington ("infamous scribblers"), but Trump has gone after the media with a venom unmatched by any modern president—including Richard Nixon. At campaign rallies, Trump herded reporters into pens, where they served as rhetorical cannon fodder, and things only got worse after the election. Prior to November 8, the media were "scum" and "disgusting." Afterward, they became the "enemy of the American people." (Even Nixon never went that far, noted reporter Carl Bernstein of Watergate fame. Nixon did refer to the press as "the enemy," but only in private and without "the American people" part—an important distinction for students of authoritarianism.) 

On April 29, the same day as this year's White House Correspondents' Dinner (which Trump boycotted), the president held a rally in Pennsylvania to commemorate his first 100 days. He spent his first 10 minutes or so attacking the media: CNN and MSNBC were "fake news." The "totally failing New York Times" was getting "smaller and smaller," now operating out of "a very ugly office building in a very crummy location." Trump went on: "If the media's job is to be honest and tell the truth, then I think we would all agree the media deserves a very, very big, fat failing grade. [Cheers.] Very dishonest people!"

Trump's animosity toward the press isn't limited to rhetoric. His administration has excluded from press briefings reporters who wrote critical stories, and it famously barred American media from his Oval Office meeting with Russia's foreign minister and ambassador to the United States while inviting in Russia's state-controlled news service.

Before firing FBI Director James Comey, Trump reportedly urged Comey to jail journalists who published classified information. As a litigious businessman, the president has expressed his desire to "open up" libel laws. In April, White House chief of staff Reince Preibus acknowledged that the administration had indeed examined its options on that front.

This behavior seems to be having a ripple effect: On May 9, a journalist was arrested in West Virginia for repeatedly asking a question that Tom Price, Trump's health secretary, refused to answer. Nine days later, a veteran reporter was manhandled and roughly escorted out of a federal building after he tried (politely) to question an FCC commissioner. Montana Republican Greg Gianforte won a seat in the House of Representatives last week, one day after he was charged with assaulting a reporter who had pressed Gianforte for his take on the House health care bill. And over the long weekend, although it could be a coincidence, someone fired a gun of some sort at the offices of the Lexington Herald-Leader, a paper singled out days earlier by Kentucky Gov. Matt Bevin, who likened journalists to "cicadas" who "don't actually seem to care about Kentucky."

Where is all of this headed? It's hard to know for sure, but as a lawyer (and former newspaper reporter) who has spent years defending press freedoms in America, I can say with some confidence that the First Amendment will soon be tested in ways we haven't seen before. Let's look at three key areas that First Amendment watchdogs are monitoring with trepidation.

Abusive Subpoenas

The First Amendment offers limited protections when a prosecutor or a civil litigant subpoenas a journalist in the hope of obtaining confidential notes and sources. In the 1972 case of Branzburg v. Hayes, a deeply divided Supreme Court ruled that the Constitution does not shield reporters from the obligation of complying with a grand jury subpoena. But the decision left room for the protection of journalists who refuse to burn a source in other contexts—in civil cases, for instance, or in criminal cases that don't involve a grand jury. Some lower courts have ruled that the First Amendment indeed provides such protections.

The Constitution, of course, is merely a baseline for civil liberties. Recognizing the gap left by the Branzburg ruling, a majority of the states have enacted shield laws that give journalists protections that Branzburg held were not granted by the Constitution. Yet Congress, despite repeated efforts, has refused to pass such a law. This gives litigants in federal court, including prosecutors, significant leverage to force journalists into compliance. (In 2005, Judith Miller, then of the New York Times, spent 85 days in jail for refusing to reveal her secret source to a federal grand jury investigating the outing of Valerie Plame as a CIA agent. The source, Miller eventually admitted, was Vice President Dick Cheney's chief of staff, I. Lewis "Scooter" Libby.)

Trump will almost certainly take advantage of his leverage. He and his innermost circle have already demonstrated that they either fail to understand or fail to respect (or both) America's long-standing tradition of restraint when it comes to a free press. During the campaign, Trump tweeted that Americans who burn the flag—a free-speech act explicitly protected by the Supreme Court—should be locked up or stripped of citizenship "perhaps." In December, after the New York Times published a portion of Trump's tax returns, former Trump campaign manager Corey Lewandowski declared that executive editor Dean Baquet "should be in jail."

Trump took over the reins from an executive branch that was arguably harder on the press than any administration in recent history. President Barack Obama oversaw more prosecutions of leakers under the vaguely worded Espionage Act of 1917 than all other presidents combined, and he was more aggressive than most in wrenching confidential information from journalists.

Over the course of two months in 2012, Obama's Justice Department secretly subpoenaed and seized phone records from more than 100 Associated Press reporters, potentially in violation of the department's own policies. Thanks to the rampant overclassification of government documents, Obama's pursuit of whistleblowers meant that even relatively mundane disclosures could have serious, even criminal, consequences for the leaker. Under Obama, McClatchy noted in 2013, "leaks to media are equated with espionage."

One can only assume Trump will up the ante. His administration's calls to find and prosecute leakers grow more strident by the day. He and his surrogates in Congress have repeatedly tried to divert public discussion away from White House-Russia connections and in the direction of the leaks that brought those connections to light. It stands to reason that Trump's Justice Department will try to obtain the sources, notes, and communication records of journalists on the receiving end of the leaks.

This could already be happening without our knowledge, and that would be a dangerous thing. Under current guidelines, the Justice Department is generally barred from deploying secret subpoenas for journalists' records—subpoenas whose existence is not revealed to those whose records are sought. But there are exceptions: The attorney general or another "senior official" may approve no-notice subpoenas when alerting the subject would "pose a clear and substantial threat to the integrity of the investigation." 

The guidelines are not legally binding, in any case, so there may be little to prevent Jeff Sessions' Justice Department from ignoring them or scrapping them entirely. Team Trump has already jettisoned the policies of its predecessors in other departments, and it's pretty clear how Trump feels about the press. 

The use of secret subpoenas against journalists is deeply problematic in a democracy. Their targets lack the knowledge to consult with a lawyer or to contest the subpoena in court. The public, also in the dark, is unable to pressure government officials to prevent them from subjecting reporters to what could be abusive fishing expeditions.

As president, Trump sets the tone for executives, lawmakers, and prosecutors at all levels. We have already seen a "Trump effect" in the abusive treatment of a reporter in the halls of the Federal Communications Commission, the arrest of the reporter in West Virginia, and the attack by Congressman-elect Gianforte.

We are also seeing the Trump effect in state legislatures, where the president's rants may have contributed to a spate of legislative proposals deeply hostile to free speech, including bills that would essentially authorize police brutality or "unintentional" civilian violence against protesters and make some forms of lawful protest a felony. A leader who normalizes the use of overly broad or abusive subpoenas against journalists could cause damage all across the land.
 

Espionage Laws

A second area of concern is the Espionage Act of 1917, a law that has been used for nearly a century to prosecute leakers of classified information—from Daniel Ellsburg and Julius and Ethel Rosenberg to Edward Snowden and Chelsea Manning. The government hasn't ever tried to use it to prosecute the journalists or media organizations that publish the offending leaks—possibly because it was seen as a bad move in a nation that enshrines press protections in its founding document. But free-speech advocates have long been wary of the possibility.

The successful prosecution of a journalist under the Espionage Act seems unlikely—a long string of Supreme Court decisions supports the notion that reporters and news outlets are immune from civil or criminal liability when they publish information of legitimate public interest that was obtained unlawfully by an outside source. "A stranger's illegal conduct," the court's majority opined in the 2001 Bartnicki v. Vopper case, "does not suffice to remove the First Amendment shield about a matter of public concern." But like any appellate decision, the Bartnicki ruling is based on a specific set of facts. So there are no guarantees here.
 

Litigious Billionaires

Very, very rich people with grievances against the press are as old as the press itself. But the number of megawealthy Americans has exploded in recent years, as has the number of small, nonprofit, or independent media outlets—many of which lack ready access to legal counsel. In short, billionaires who wish to exact vengeance for unflattering coverage enjoy a target-rich environment.

Trump did not create this environment. But from his presidential bully pulpit, he has pushed a narrative that can only fuel the fire. The Trumpian worldview holds that the media deserves to be put in its place; the press is venal, dishonest, and "fake" most of the time. It should be more subject to legal liability so that, in his words, "we can sue them and win lots of money."

Win or lose, a billionaire with an ax to grind and a fleet of expensive lawyers can cause enormous damage to a media outlet, particularly one with limited means (which, these days, is most media outlets). Some lawsuits by deep-pocketed plaintiffs, like the one filed against Mother Jones by Idaho billionaire Frank VanderSloot (a case I helped defend), are ultimately dismissed by the courts. Others, such as Hulk Hogan's lawsuit against Gawker Media—funded by Silicon Valley billionaire and Trump adviser Peter Thiel—succeed and put the media outlet out of business. Another recent suit, filed by Las Vegas casino magnate Sheldon Adelson against a Wall Street Journal reporter, ultimately settled.

Regardless of the outcome of such cases, the message to the media is clear: Don't offend people who have vast resources. Even a frivolous lawsuit can stifle free speech by hitting publishers where it hurts (the wallet) and subjecting them to legal harassment. This is especially so in the 22 states that lack anti-SLAPP statutes—laws that facilitate the rapid dismissal of libel claims without merit.

The VanderSloot lawsuit is instructive. Although a court in Idaho ultimately threw out all the billionaire's claims against Mother Jones, the process took almost two years. During that time, VanderSloot and Mother Jones engaged in a grueling regimen of coast-to-coast depositions and extensive and costly discovery and legal motions. Along the way, VanderSloot sued a former small-town newspaper reporter and subjected him to 10 hours of depositions, which resulted in the reporter breaking down in tears while VanderSloot, who had flown to Portland for the occasion, looked on. VanderSloot also deposed the journalist's ex-boyfriend and threatened to sue him until he agreed to recant statements he had made online.

Victory did not come cheap for Mother Jones: The final tab was about $2.5 million, only part of which was covered by insurance. And because Idaho lacks an anti-SLAPP statute, none of the magazine's legal costs could be recovered from VanderSloot.

Despite his threats, Trump has not brought any libel lawsuits as president—but his wife has. First lady Melania Trump sued the Daily Mail in February over a story she said portrayed her falsely "as a prostitute." The Daily Mail retracted the offending article with a statement explaining (a) that the paper did not "intend to state or suggest that Mrs. Trump ever worked as an 'escort' or in the sex business," (b) that the article "stated that there was no support for the allegations," and (c) that "the point of the article was that these allegations could impact the U.S. presidential election even if they are untrue."

So which billionaire will be next to sue, and who will the target be? The question looms over America's media organizations like a dark cloud. That is an unacceptable situation in a nation whose Constitution guarantees "robust, uninhibited and wide-open" discussion of public issues, as Supreme Court Justice William Brennan wrote in the landmark First Amendment case New York Times v. Sullivan.

Trump has yet to act on his most outrageous rhetorical attacks on the media and free speech, but it's likely only a matter of time. When he does act, it will be important to remember that constitutional protections are quite broad, and that there's only so much any White House can do to the press without the backing of Congress or the courts. Such cooperation is hardly out of the question, though. Stranger things have already happened in this strangest of political times.

The author's views do not necessarily reflect those of the First Amendment Coalition's board of directors.

A last-minute push to register voters in Georgia's 6th Congressional District before the June 20 special election has resulted in nearly 8,000 new voters in the district as of Tuesday, the Atlanta Journal-Constitution reports. That's a big enough number to swing a close election, and polls thus far show the race within the margin of error. It's also an encouraging sign for Democrat Jon Ossoff, the insurgent candidate who topped the first round of voting in the solidly Republican district and is hoping that new voters can put him on top in the June 20 runoff.

The election between Ossoff and Republican Karen Handel has been widely portrayed as a test of the Democratic resistance to President Donald Trump. In the conservative district, Ossoff is trying to peel off Republican voters disenchanted with Trump, particularly white women. But in order to win, Ossoff also needs strong support from the Democratic base and new voters. So when a federal judge reopened voter registration in the district through May 21, groups that target young, poor, and minority voters rushed into the district to register eligible voters. The 7,942 new voters include new registrants and people who moved into the district after the primary and transferred their registration.

The district has more than 521,000 registered voters, so it's unclear whether another 7,942—or about 1.5 percent of that total—will make a difference. Ossoff fell 3,700 votes short of winning an outright majority in the primary on April 18. If the runoff remains a toss-up, these new voters could determine the winner.

Rep. Dana Rohrabacher (R-Calif.) won his first election to the House of Representatives in 1988 with 64 percent of the vote. He's been reelected 13 times since then. And even though he walloped his most recent challenger by nearly 17 percentage points, some Democrats now think that this could be the final term for the Southern California conservative Politico has dubbed "Putin's favorite congressman."

Protesters, sometimes numbering in the hundreds, assemble outside Rohrabacher's office every Tuesday at 1 p.m. "He has been our congressman for a long time," laments Diana Carey, vice chair of the Democratic Party of Orange County. "But because the district was predominantly Republican, my view is he's been on cruise control." Thanks to changing demographics in Orange County and newly fired-up liberal voters, Carey doesn't think Rohrabacher's seat is safe anymore. 

Recently, Rohrabacher has been swept up in the scandal over the possible collusion between President Donald Trump's campaign and Russia. Like Trump, Rohrabacher, who claims to once have lost a drunken arm-wrestling match with Vladimir Putin in the 1990s, believes the Russian government is being unfairly demonized. (During the 1980s, Rohrabacher was a staunch anti-communist who hung out with the anti-Soviet mujahedeen in Afghanistan.) He has shrugged off allegations of Moscow's meddling in the 2016 presidential election by pointing out that the United States is guilty of similar actions. In May, the New York Times reported that in 2012 the FBI warned Rohrabacher that Russian spies were trying to recruit him. Two days earlier, the Washington Post reported on a recording from June 2016 in which House Majority Leader Kevin McCarthy said, "There's two people I think Putin pays: Rohrabacher and Trump." (McCarthy assured Rohrabacher the remarks were meant as a joke.)

But of all the issues where Rohrabacher and Trump align, Russia may be the least pressing concern for the constituents who are rallying against him. So far, Rohrabacher has voted in line with Trump's positions more than 93 percent of the time, according to FiveThirtyEight, including voting in favor of the GOP health care bill that would effectively end Obamacare. Rohrabacher pushed hard for the bill, warning his GOP colleagues that letting Trump's first major legislative effort die would stunt the president's momentum. "If this goes down," he said in March, "we're going to be neutering our President Trump. You don't cut the balls off your bull and expect that's he's going to go out and get the job done." Health care is a hot-button issue in the 48th District, Carey says. "I've had conversations with people who are absolutely beside themselves, scared that they're going to lose coverage."

While Rohrabacher won his last race in a near-landslide, his district went for Hillary Clinton in the presidential election. She won by a slim margin, but it was enough for the Democratic Congressional Campaign Committee (DCCC) to flag the district as a top target to flip in 2018. If the Democrats hope to best Rohrabacher in the midterms, they have a lot of work to do, says Justin Wallin, an Orange County-based pollster who runs an opinion research firm. "I don't think Dana has carved out a position as a fire-breathing supporter for any political personality except for Ronald Reagan," says Wallin, referring to Rohrabacher's early days working in the Reagan White House. "He tends to align quite naturally with that district in his perspectives, his persona, and his political views. His district views him as being independent, and when Dana takes a position on something that seems to be outside the mainstream, that can actually buttress his favorable regard."

Two Democrats have announced bids to run against Rohrabacher. One is first-time candidate Harley Rouda, a businessman and attorney who gave $9,200 to Republican congressional candidates and nothing to Democrats between 1993 and 2007. The other is Boyd Roberts, a Laguna Beach real estate broker who has vowed to work to impeach Trump and who finished last among five candidates running for a school board seat in Hemet, California, in 2012. Both are attacking Rohrabacher over his sympathetic stance toward Russia. "The district will vote [Rohrabacher] out because i think there is something with the Russia thing. I think I can raise money off it," Roberts told the Los Angeles Times. In an online ad, Rouda calls Rohrabacher "one of the most entrenched members of Washington's establishment" and vows to get "tough on Russia" if he is elected.

"They're both kind of waving the flag of the Russia thing, and I just don't think that's gonna get them over the line," says Wallin. Carey declined to comment on either candidate, though she says a third challenger will be announcing a bid this summer. Meanwhile, the DCCC hasn't thrown its backing behind anyone yet. "Barring something dramatic happening, I'd say he is far more safe than a number of other districts in the area," says Wallin.

Yet Carey thinks that so long as the Democrats continue organizing with the same intensity they've shown so far, they can turn the district blue. "We have a lot of folks who said they never paid attention before, a lot of no-party-preference people who are really concerned about democracy," she says. When asked whether people in the district continue to be engaged, she responds, "So far I think the energy is staying. I tell people, 'This is not a sprint, it's a marathon.' But I think as long as Trump keeps tweeting, we'll keep having interest!"

The Trump administration's argument for letting lots of employers opt out of covering birth control is…not exactly bulletproof.

Yesterday, Vox reported that the Trump administration is considering a broad exemption to Obamacare's mandate on contraceptive coverage, according to a leaked draft of the proposed rule. If passed, the rule would allow virtually any employer, not just a religious one, to remove birth control coverage from its insurance plan if contraception violates the organization's religious beliefs or "moral convictions"—a broad and murky standard.

But, in a curious twist, part of the Trump administration's justification for the move hinges on the existence of hundreds of Planned Parenthood clinics, many of which the White House is actively trying to close by "defunding" Planned Parenthood.

As the draft text explains, the administration believes the past rationale for Obamacare's contraception mandate is insufficient. The document lists several reasons why this is the case. Here's one of them:

"There are multiple Federal, state, and local programs that provide free or subsidized contraceptives for low-income women, including Medicaid (with a 90% Federal match for family planning services), Title X, health center grants, and Temporary Assistance for Needy Families. According to the Guttmacher Institute, government-subsidized family planning services are provided at 8,409 health centers overall. Various state programs supplement Federal programs, and 28 states have their own mandates of contraceptive coverage as a matter of state law. For example, the Title X program, administered by the HHS Office of Population Affairs (OPA), provides voluntary family planning information and services for clients based on their ability to pay.

...

"The availability of such programs to serve the most at-risk women identified by IOM [Institute of Medicine, now known as the National Academy of Medicine] diminishes the Government's interest in applying the Mandate to objecting employers."

The implication here is that since there are already programs like Medicaid and Title X to help low-income women afford contraception, the requirement that most employers provide no-cost birth control is less pressing.

But there are a couple of glaring contradictions here: First of all, of the 8,409 health centers that provide Medicaid and Title X family planning services, as cited in the rule, 817 of them are run by Planned Parenthood—the very group that Congress and the administration are trying to exclude from using Title X and Medicaid funds to provide health care.

Trump has already signed a bill into law allowing states to exclude Planned Parenthood and other providers who offer abortions from receiving Title X family planning funding—never mind that Title X funding is used exclusively for nonabortion services. Beyond that, there are several more proposals moving through government—including in the House's American Health Care Act and in the Trump budget proposal—to withhold Medicaid and other federal dollars, including Title X, specifically from Planned Parenthood.

The problem with the White House's logic boils down to this: As the nation's largest provider of federal Title X-funded care, in 2015 Planned Parenthood centers served more than 40 percent of women nationwide using Title X-funded family planning care—a whopping 1.58 million patients. But if Planned Parenthood can no longer receive a single federal dollar to provide contraception and other family planning care—an oft-repeated goal of the Trump administration—then these nearly 1.6 million low-income patients will suddenly lose their family planning care. And now their employers may not cover that care either.

Just hours after President Donald Trump announced that he intends to withdraw the United States from Paris Climate Agreement, three state governors announced the formation of the United States Climate Alliance, a union that will work to reduce greenhouse gas emissions, even as national leadership on climate change falters.

For now, the alliance includes California, New York and Washington State. The governors of those states, Jerry Brown, Andrew Cuomo, and Jay Inslee, respectively, released a statement on Thursday describing how the new alliance will build state-level partnerships to continue aggressive American action on climate change and uphold the goals and standards of the Paris Agreement.

"The president has already said climate change is a hoax, which is the exact opposite of virtually all scientific and worldwide opinion," said Governor Brown in the statement. "I don't believe fighting reality is a good strategy—not for America, not for anybody. If the president is going to be AWOL in this profoundly important human endeavor, then California and other states will step up."

Governor Cuomo echoed that sentiment. Trump's "reckless decision to withdraw from the Paris Climate Agreement has devastating repercussions not only for the United States, but for our planet," he said. "This administration is abdicating its leadership and taking a backseat to other countries in the global fight against climate change."

California, New York, and Washington combined are home nearly 70 million people, about 20 percent of the US population. And their governments have already begun to take action. For example, the California State Senate passed legislation on Wednesday that mandates California to develop 100 percent of its electricity from renewable resources by 2045.

So far, no other states have signed on to the alliance, though 61 American mayors also pledged on Thursday that their cities will uphold the tenets of the Paris Climate Agreement.

In response to the London terror attack, Rep. Clay Higgins (R-La.) had an extreme proposal: kill anyone suspected of being an Islamic radical.

On his campaign Faceboook page, Higgins, a former police officer, posted this message:

The free world…all of Christendom…is at war with Islamic horror. Not one penny of American treasure should be granted to any nation who harbors these heathen animals. Not a single radicalized Islamic suspect should be granted any measure of quarter. Their intended entry to the American homeland should be summarily denied. Every conceivable measure should be engaged to hunt them down. Hunt them, identity them, and kill them. Kill them all. For the sake of all that is good and righteous. Kill them all.

The post went up early on Sunday morning. On Saturday evening, suspected terrorists killed seven people during an attack on London Bridge. ISIS has claimed credit for these murders.

With his declaration that Christendom is "at war with Islamic horror," Higgins was embracing a theme of the far right: the fight against extremist jihadists is part of a fundamental clash between Christian society and Islam. And in this Facebook post, he was calling for killing not just terrorists found guilty of heinous actions, but anyone suspected of such an act. He did not explain how the United States could determine how to identify radicalized Islamists in order to deny them entry to the United States. It was unclear whether his proposal to deny any assistance to any nation that harbors "these heathen animals" would apply to England, France, Indonesia, Spain, and other nations where jihadist cells have committed horrific acts of violence.

Higgins office refused to allow a Mother Jones reporter to speak to a spokesman for the congressman. But in an email, his spokesman confirmed the Facebook post was authentic.

In late January, Higgins delivered a fiery floor speech attacking Democrats and the "liberal media" for opposing President Donald Trump's Muslim travel ban. He declared that "radical Islamic horror has gripped the world and…unbelievably…been allowed into our own nation with wanton disregard."

Shortly before running for Congress, Higgins resigned from his post as the public information officer of the St. Landry Parish Sheriff's Office, where he had earned a reputation as the "Cajun John Wayne" for his tough-talking CrimeStopper videos. Higgins abruptly quit after his boss, the sheriff, ordered him to tone down his unprofessional comments. "I repeatedly told him to stop saying things like, 'You have no brain cells,' or making comments that were totally disrespectful and demeaning," the sheriff said.

"I don't do well reined in," Higgins noted at the time. "Although I love and respect my sheriff, I must resign."

Update: Higgins' campaign spokesman, Chris Comeaux, told Mother Jones in an email: "Rep. Higgins is referring to terrorists. He's advocating for hunting down and killing all of the terrorists. This is an idea all of America & Britain should be united behind."

President Donald Trump began the week with a barrage of early-morning tweets blasting the courts for blocking his travel ban executive order. But in doing so, he may have just made it more likely that the courts will keep blocking the ban.

People, the lawyers and the courts can call it whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!

— Donald J. Trump (@realDonaldTrump) June 5, 2017

The Justice Dept. should have stayed with the original Travel Ban, not the watered down, politically correct version they submitted to S.C.

— Donald J. Trump (@realDonaldTrump) June 5, 2017

The Justice Dept. should ask for an expedited hearing of the watered down Travel Ban before the Supreme Court - & seek much tougher version!

— Donald J. Trump (@realDonaldTrump) June 5, 2017

In any event we are EXTREME VETTING people coming into the U.S. in order to help keep our country safe. The courts are slow and political!

— Donald J. Trump (@realDonaldTrump) June 5, 2017

These tweets followed upon several from over the weekend about the ban and the terrorist attack in London, including this one from Saturday evening:

We need to be smart, vigilant and tough. We need the courts to give us back our rights. We need the Travel Ban as an extra level of safety!

— Donald J. Trump (@realDonaldTrump) June 3, 2017

In January, Trump signed an executive order banning nationals from seven Muslim-majority countries from entering the United States for 90 days, as well as halting the refugee resettlement program for 120 days (and indefinitely for Syrian refugees). When the courts blocked it, rather than appeal to the Supreme Court, Trump signed a modified version of the order. The new ban repealed the old one, reduced the number of banned countries from seven to six, and added exceptions and waivers. Still, federal courts in Maryland and Hawaii blocked it, and now the Justice Department has appealed to the Supreme Court to have this second version of the ban reinstated.

The biggest question in the litigation over the ban is whether the courts should focus solely on the text of the order or also consider Trump's comments from the campaign trail, and even during his presidency, to determine whether the order uses national security as a pretext for banning Muslims from the country. The president's lawyers argue that the courts should focus on the text of the order and defer to the president's authority over national security. Trump's tweets Monday morning and over the weekend make it harder for the courts to justify doing that.

The travel ban is supposed to be a temporary remedy until the government can review its vetting procedures. But Trump's tweets make it appear that the ban itself is his goal. Trump repeatedly and defiantly uses the word "ban" when his administration has instead sought to call it a pause. 

The tweets "undermine the government's best argument—that courts ought not look beyond the four corners of the Executive Order itself," Stephen Vladeck, an expert on national security and constitutional law at the University of Texas School of Law, says via email. "Whether or not then-Candidate Trump's statements should matter (a point on which reasonable folks will likely continue to disagree), the more President Trump says while the litigation is ongoing tending to suggest that the Order is pretextual, the harder it is to convince even sympathetic judges and justices that only the text of the Order matters." And once the courts start looking at the president's statements, it's not hard to find ones that raise questions about anti-Muslim motivations.

Even the president's allies acknowledge his tweets are a problem. George Conway, the husband of top Trump adviser Kellyanne Conway, responded to Trump on Twitter by pointing out that the work of the Office of the Solicitor General—which is defending the travel ban in court—just got harder.

These tweets may make some ppl feel better, but they certainly won't help OSG get 5 votes in SCOTUS, which is what actually matters. Sad. https://t.co/zVhcyfm8Hr

— George Conway (@gtconway3d) June 5, 2017

Conway, who recently withdrew his name from consideration for a post at the Justice Department, then followed up to clarify his position.

2) ... and of course, my wonderful wife. Which is why I said what I said this morning. Every sensible lawyer in WHCO and every political ...

— George Conway (@gtconway3d) June 5, 2017

3) ... appointee at DOJ wd agree with me (as some have already told me). The pt cannot be stressed enough that tweets on legal matters ...

— George Conway (@gtconway3d) June 5, 2017

4) ... seriously undermine Admin agenda and POTUS--and those who support him, as I do, need to reinforce that pt and not be shy about it.

— George Conway (@gtconway3d) June 5, 2017

Trump may soon see his tweets used against him in court. Omar Jadwat, the ACLU attorney who argued the case before the 4th Circuit Court of Appeals, told the Washington Post this morning that the ACLU's legal team is considering adding Trump's tweets to its arguments before the Supreme Court. "The tweets really undermine the factual narrative that the president's lawyers have been trying to put forth, which is that regardless of what the president has actually said in the past, the second ban is kosher if you look at it entirely on its own terms," Jadwat told the Post.

On Monday, the Intercept published a classified internal NSA document noting that Russian military intelligence mounted an operation to hack at least one US voting software supplier—which provided software related to voter registration files—in the months prior to last year's presidential contest. It has previously been reported that Russia attempted to hack into voter registration systems, but this NSA document provides details of how one such operation occurred.

According to the Intercept:

The top-secret National Security Agency document, which was provided anonymously to The Intercept and independently authenticated, analyzes intelligence very recently acquired by the agency about a months-long Russian intelligence cyber effort against elements of the US election and voting infrastructure. The report, dated May 5, 2017, is the most detailed US government account of Russian interference in the election that has yet come to light.

While the document provides a rare window into the NSA's understanding of the mechanics of Russian hacking, it does not show the underlying "raw" intelligence on which the analysis is based. A US intelligence officer who declined to be identified cautioned against drawing too big a conclusion from the document because a single analysis is not necessarily definitive.

The report indicates that Russian hacking may have penetrated further into US voting systems than was previously understood. It states unequivocally in its summary statement that it was Russian military intelligence, specifically the Russian General Staff Main Intelligence Directorate, or GRU, that conducted the cyber attacks described in the document:

Russian General Staff Main Intelligence Directorate actors … executed cyber espionage operations against a named U.S. company in August 2016, evidently to obtain information on elections-related software and hardware solutions. … The actors likely used data obtained from that operation to … launch a voter registration-themed spear-phishing campaign targeting U.S. local government organizations.

Go read the whole thing.

There were nine new cases and one death related to COVID-19 reported Saturday by the Windsor Essex County Health Unit. The health unit update said a female in her 90s died Friday. She was a resident of a long-term care facility. As of Saturday, there have been 694 confirmed cases of coronavirus, 263 cases are […]

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