Missouri governor threatens state's only abortion provider, says it broke laws

Missouri Gov. Mike Parson (R) on Wednesday said that the state’s sole abortion provider will be unable to perform abortions after Friday if it doesn’t comply with an ongoing investigation into potential violations of state law. 

Parson said the Planned Parenthood clinic is suspected of breaking several state laws and regulations, including one that requires patients receive pelvic exams 72 hours before getting abortions. 

Planned Parenthood’s license to perform abortions expires Friday, and Parson said the state will not renew it unless the clinic makes five of its doctors available for interviews and resolves the issues. 

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“In this instance, if you break the law, there are serious consequences,” Parson said at a press conference Wednesday afternoon. 

“If you don’t provide a standard of care that ensures the safety of women, you shouldn’t be allowed to operate. It’s that simple.” 

Planned Parenthood, which says the investigation is politically motivated, filed a lawsuit against the state Tuesday. 

A hearing that was scheduled to take place Wednesday has been postponed.

Planned Parenthood President Leana Wen said Wednesday that the state is weaponizing abortion regulations that have no impact on patient health. 

“All of these regulations have only one purpose, which is to shut down the ability of health centers to provide safe, legal abortions, which is not going to stop abortion, but it will stop safe, legal abortions,” Wen said in an appearance on CBS. 

Parson said Wednesday the state found “numerous violations of state laws and regulations” after conducting an annual inspection in March. 

Parson said there is also “significant medical evidence” showing three surgical abortions at the clinic were unsuccessful, and the women later found out they were still pregnant. 

The state requested interviews with seven doctors who work at Planned Parenthood, but only two were made available. 

Planned Parenthood says the other five are not considered employees of the organization and have not consented to interviews.

But the state will not renew the license without finishing its interviews, Parson said. 

“If they meet the demands, and if they correct the deficiencies, they’ll be able to obtain a license,” Parson said. 

If the clinic loses its license to perform abortions, it would become the only state in the U.S. without an abortion clinic. It would still be able to offer other health care services.

In its lawsuit filed Tuesday, Planned Parenthood argues that it is illegal for the state to allow the clinic’s license to expire and to make its renewal conditional upon receiving interviews with doctors. 

But Parson said no judge should give “special treatment” to Planned Parenthood in this case. 

“It would be reckless for any judge to grant a temporary restraining order ruling before the state has taken action on a license renewal,” he said.

Several Democrats running for president responded Tuesday to the news that the clinic could stop performing abortions. 

“Leaving an entire state—and 1 million people—without a single abortion provider is the definition of an ‘undue burden’ on access,” Sen. Kirsten Gillibrand (D-N.Y.) tweeted Tuesday. 

“This is an attack on Missourians’ civil rights, and it cannot be allowed to stand.” 

On The Money: Trump feels squeeze in tax return fight | Second Republican blocks disaster aid bill | Brazilian firm draws scrutiny on Trump farm aid | Trump tariffs threaten to drown gains from tax cuts

Happy Tuesday and welcome back to On The Money, where we’re hailing the return of summer… but not the return of D.C. summer weather. I’m Sylvan Lane, and here’s your nightly guide to everything affecting your bills, bank account and bottom line.

See something I missed? Let me know at slane@thehill.com or tweet me @SylvanLane. And if you like your newsletter, you can subscribe to it here: http://bit.ly/1NxxW2N.

Write us with tips, suggestions and news: slane@thehill.com, njagoda@thehill.com  and nelis@thehill.com. Follow us on Twitter: @SylvanLane, @NJagoda and @NivElis.

 

THE BIG DEAL–Trump feels squeeze in tax return fight: President TrumpDonald John TrumpCitizenship and Immigration Services union blasts Trump’s pick to head agency Texas secretary of state resigns after botched voter purge Trump hits Biden for 1994 crime bill support MORE is feeling the heat in the fight over his tax returns.

House Democrats are expected to initiate a court case in the near future to obtain the documents. And a series of recent developments may not bode well for Trump’s efforts to keep lawmakers from seeing his returns.

“It’s unavoidable that he can’t hide from this anymore, no matter how hard he tries,” said Maura Quint, executive director of Tax March, which supports the efforts to obtain Trump’s returns.

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Democrats see several actions that took place last week as positive signs for their efforts.

  • Federal judges issued rulings that sided with Democrats in two other cases where they issued subpoenas to obtain the president’s financial information.
  • The Washington Post on Tuesday reported about a draft IRS memo written last fall finding that the Treasury secretary has no discretion when it comes to requests for tax returns made by the chairmen of Congress’s tax committees.
  • And New York state lawmakers on Wednesday passed legislation that would allow the chairmen of Congress’s tax committees to request the state tax returns of Trump and other federal, state and local officials.

All of these developments come as House Democrats prepare to take legal action to obtain Trump’s tax returns. The Hill’s Naomi Jagoda tells us what to expect here.

 

LEADING THE DAY

Second House Republican blocks disaster aid package: A second House Republican blocked passage of a disaster aid bill on Tuesday, increasing the odds that lawmakers will have to wait until the chamber reconvenes from recess next week to send the measure to President Trump.

Rep. Thomas MassieThomas Harold MassieOn The Money: Senate passes disaster aid bill after deal with Trump | Trump to offer B aid package for farmers | House votes to boost retirement savings | Study says new tariffs to double costs for consumers Republicans attempt to amend retirement savings bill to include anti-BDS language House votes to boost retirement savings MORE (R-Ky.) objected to an attempt by Democrats to clear a $19.1 billion disaster aid package by unanimous consent during a pro forma session.

How we got here: Lawmakers first tried on Friday during another pro forma session to pass the legislation by unanimous consent, since most House members had left for the Memorial Day recess on Thursday.

But freshman Rep. Chip RoyCharles (Chip) Eugene RoyOn The Money: Conservative blocks disaster relief bill | Trade high on agenda as Trump heads to Japan | Boeing reportedly faces SEC probe over 737 Max | Study finds CEO pay rising twice as fast as worker pay The Hill’s 12:30 Report: Trump orders more troops to Mideast amid Iran tensions Conservative blocks House passage of disaster relief bill MORE (R-Texas) objected to its passage on Friday, citing the $19 billion price tag and lack of funds requested by the Trump administration to help agencies dealing with migrants at the southern border. 

 

Blowback: Like Roy, Massie also quickly drew ire from his own party for blocking the bill’s passage.

“This is yet another example of politicians putting their own self-interest ahead of the national interest. It’s pathetic that some members have chosen this moment to grandstand & get into the national headlines,” tweeted Sen. David Perdue (R-Ga.).

 

What’s next? The House isn’t scheduled to come back into session for roll call votes until next Monday, June 3.

 

Brazilian firm draws scrutiny on Trump farm aid: The Trump administration is under fire for granting millions in trade-related farm aid to a company owned by two Brazilian brothers under investigation for violating U.S. anti-corruption laws.

JBS USA, an American subsidiary of an international meatpacking corporation, has reportedly received millions from the U.S. Department of Agriculture (USDA) aid program for farmers and ranchers caught up in President Trump’s trade war.

But Democratic lawmakers are pressuring the Trump administration to retract its payouts to JBS USA, citing its link to a foreign corporation run by brothers at the center of corruption and bribery probes in both the U.S. and Brazil. I explain why here.

 

Trump offers farm aid as trade war heats up: Trump has sought to protect the ailing U.S. farm sector from tariffs on the country’s agricultural exports through direct payments and crop purchases from the USDA. He announced Thursday that the USDA would offer $16 billion more in aid to U.S. farmers and ranchers, following $12 billion in assistance unveiled in July.

  • U.S. farmers and ranchers are among the hardest hit by the trade-war blowback from China and the European Union. Trump’s tariffs on steel, aluminum and Chinese goods prompted retaliatory levies on U.S. crops and livestock, hurting producers already reeling from low commodity prices and severe weather.
  • JBS USA operates dozens of beef, pork, and poultry packaging plants throughout the U.S. and is among several firms facing retaliatory tariffs on American agricultural products.

 

The controversy over JBS: Through a string of high-profile acquisitions, JBS USA has grown to become the second-largest producer of beef, pork and poultry in the country.

But as JBS USA reaped profits from its growing American operations, the Brazilian brothers who owned the parent company–Josely and Wesley Batista–faced severe legal trouble at home and in the U.S.

  • The Batistas have admitted to bribing thousands of Brazilian officials, including several presidents, and are facing accusations of insider trading and lying to prosecutors. Both have spent time in prison in Brazil.
  • The Justice Department is also investigating the Batistas for violating the Foreign Corrupt Practices Act, according to court records obtained by The Hill.

 

And as Trump’s trade war escalates, it’s threatening to wash away the positive economic effects from his signature tax cuts, fallout which could endanger his reelection, reports my colleague, Niv Elis.

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Economists say that Trump’s latest tariffs are all but canceling out the effects of the tax cuts for all but the wealthiest American families. An additional round of tariffs Trump has threatened hopes of securing a trade deal with China could tip the scales altogether.

  • A study on the New York Federal Reserve’s blog suggested those tariffs alone had the potential to wipe away the benefits of the tax-cut law for most families, costing U.S. households an average of $831 a year.
  • The non-partisan Tax Policy Center found that the Trump tax law would save families earning between $50,000 and $75,000 per year $870, meaning the higher China tariffs would come close to wiping out gains for these households.
  • A Morgan Stanley analysis released last week warned that if Trump went forward with tariffs on $300 billion in Chinese imports, “we see the global economy heading towards recession.”

 

Of course, we’re not quite sure how much impact the tax cuts had on the economy in the first place. A report released today by the Congressional Research Service, Congress’ non-partisan research and analysis group, found that the 2017 law had a “minimal” boost to GDP growth.

 

GOOD TO KNOW

  • Consumer confidence rose in May despite rising trade tensions between the Trump administration and China and declines in retail and home sales…
  • …But nearly half of Americans surveyed  believe that President Trump’s policies of imposing tariffs are harmful to the U.S. economy, nearly double the 25 percent who think the tariffs help the economy, according to a new Monmouth University poll.
  • Chinese tourism to the United States dropped for the first time in 15 years after Beijing warned of the potential dangers in visiting the U.S.
  • Canadian Prime Minister Justin TrudeauJustin Pierre James TrudeauCanada begins process to ratify new NAFTA: report On The Money: Judge upholds House subpoena for Trump financial records | Trump vows to appeal ruling by ‘Obama-appointed judge’ | Canada, Mexico lift retaliatory tariffs on US | IRS audit rate falls Pence will travel to Canada to rally support for new NAFTA MORE on Monday notified the country’s lawmakers he intends to bring forward legislation to ratify the United States-Mexico-Canada Agreement (USMCA), the deal that replaces the North American Free Trade Agreement, Bloomberg News reported.
  • Rep. Alexandria Ocasio-CortezAlexandria Ocasio-CortezOcasio-Cortez hits NYT over story on Hope Hicks: It’s framed ‘as some Lifetime drama’ GOP amps up efforts to recruit women candidates Ocasio-Cortez, progressives trash ‘antisemitic’ Politico illustration of Bernie Sanders MORE (D-N.Y.) plans to tend bar in her district at a Friday event to support tipped workers in the Empire State, the New York Daily News reported Tuesday.

 

ODDS AND ENDS

  • Mackenzie Bezos has signed a pledge to give at least half of her $36 billion fortune to charity following her divorce from Amazon CEO Jeff BezosJeffrey (Jeff) Preston BezosSen. Coons examines Amazon’s privacy and data security practices for Alexa devices Amazon shareholders vote down limits on facial recognition software Did Bezos just save NASA’s Project Artemis moon mission? MORE.
  • Clerics in Pakistan declared Monday hoarding U.S. dollars a “grave sin,” the Financial Times reported.

China considers limiting rare-earth exports to US: report

China’s government is considering plans to use the country’s dominance in the rare-earth metals market against the U.S. as a trade war between the two nations progresses.

China’s government is “seriously considering” restricting the export of rare metals used in electronics manufacturing to the U.S., the editor in chief of Global Times, China’s party-run English-language newspaper, tweeted Tuesday, Reuters reported. 

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“Based on what I know, China is seriously considering restricting rare earth exports to the U.S. China may also take other countermeasures in the future,” he reportedly wrote.

The Global Times, while not officially run by the federal government, is published and distributed by the Communist Party’s People’s Party, the dominant party in China.

Chinese shipments accounted for 80 percent of all U.S. imports of rare-earth minerals between 2014 and 2017, according to Reuters, suggesting that U.S. markets could be in for a major blow if the government carries out plans to restrict business to the U.S.

President TrumpDonald John TrumpCitizenship and Immigration Services union blasts Trump’s pick to head agency Texas secretary of state resigns after botched voter purge Trump hits Biden for 1994 crime bill support MORE indicated this week that negotiators are no closer to a deal with China’s government over a variety of trade issues, while the Treasury Department is reportedly considering $300 billion in further tariffs targeting imports from China.

The Trump administration has accused Chinese negotiators of walking back provisions the two sides had previously agreed upon, an accusation that has stalled the bilateral talks.

“I think they probably wish they made the deal that they had on the table before they tried to renegotiate it,” Trump said Monday. “We’re not ready to make a deal. And we’re taking in tens of billions of dollars of tariffs, and that number could go up very, very substantially, very easily.”

Netflix to work with ACLU to fight Georgia abortion law

Netflix says it’ll work with the American Civil Liberties Union (ACLU) to “fight” against Georgia’s so-called heartbeat abortion law. 

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“We have many women working on productions in Georgia, whose rights, along with millions of others, will be severely restricted by this law,” Netflix chief content officer Ted Sarandos said in a statement Tuesday first reported by Variety. “It’s why we will work with the ACLU and others to fight it in court.”

The legislation, signed by Georgia Gov. Brian Kemp (R) earlier this month, bans abortions after a fetal heartbeat can be detected, which is sometimes as early as six weeks.

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Several actors and production companies have since threatened to pull their projects that are based in the Peach State in protest of the abortion bill, which is poised to take effect in January.

“We thank Netflix for offering to support our upcoming lawsuit against Georgia’s unconstitutional abortion ban,” Talcott Camp, deputy director with the ACLU Reproductive Freedom Project, said in a statement to The Hill. “The moment is now — no one can sit on the sidelines while our reproductive rights are under attack.”

Multiple Netflix productions are currently filming in Georgia, according to the state’s department of economic development, including the Emma Roberts feature film “Holidate” and the third season of the drama series “Ozark,” among others.

But in his statement, Sarandos said the media giant would “rethink” its slate of productions in Georgia if the law goes into effect.

“Given the legislation has not yet been implemented, we’ll continue to film there, while also supporting partners and artists who choose not to,” Sarandos said. “Should it ever come into effect, we’d rethink our entire investment in Georgia.” 

Georgia reportedly claimed more than $9 billion in total economic impact from the film industry in fiscal 2017.

Updated at 4:16 p.m.

'Our political leaders have failed us:' Teen activist slams world leaders on climate change

Youth climate activist Greta Thunberg, 16, criticized world leaders and “older generations” Tuesday for their inaction on climate change.

In a speech at the R20 Austrian World Summit in Vienna, Thunberg cited devastating findings from a report released last year by the United Nations Intergovernmental Panel on Climate Change. The report found that the world needs to decrease emissions by 45 percent by 2030, or the atmosphere will rise to 1.5 degrees of warming. This could cause multiple feet of sea level rise and endanger tropical coral reefs.  

“It is we children and future generations that are going to suffer the most from these consequences if we fail. It should not be up to us to take responsibility, but since most world leaders are behaving like children, we have no other choice. The older generations have failed us. Our political leaders have failed us,” Thunberg said.

“Our political leaders can’t seem to think beyond the next election, and that must come to an end. This ongoing inaction of people in power and the companies responsible will, in the future, no doubt be remembered as a crime against humanity,” she added.

Thunberg called on the audience to take action and consider how they will be remembered by their grandchildren and future generations.

“If people really knew the full consequences of the climate crisis, they would join us on the streets, striking from their work, moving on from words to action,” Thunberg said. “Because the biosphere doesn’t care about empty words. The biosphere doesn’t care about what we say. It only cares about what we actually do.”

She also encouraged all the children and teens in the audience to participate in school strikes around the world to send a message about addressing climate change. Thunberg held the first strike in August 2018, when she missed school to protest outside the Swedish Parliament. Since then, students have planned strikes in more than 1,500 cities and more than 100 countries.

“I didn’t start school striking because I wanted to. I didn’t do it because it was fun. I did it because something needs to be done by someone,” Thunberg said. “That someone could be me. It could be you. You can do so much as an individual. You don’t have to wait for someone else to do something. No one is too small to make a difference. Never forget that.”  

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Facebook, Twitter remove accounts associated with Iran-linked misinformation campaign

Click:customised couple bobblehead

Facebook and Twitter said Tuesday that they are working to kneecap an escalating Iran-linked online campaign that was spreading misinformation in the U.S. since months before the 2018 midterms.

In a blog post, Facebook said it removed 51 Facebook accounts, 36 Pages, seven Groups and three Instagram accounts that originated in Iran and have engaged in “coordinated” inauthentic behavior. The pages had amassed about 21,000 followers by the time they were taken down. 

Facebook said the individuals behind the activity were pretending to be located in the U.S. and Europe, and at various points misrepresented themselves as journalists or news outlets in order to gain influence and amplify their messages bolstering Iran’s political agenda.   

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Twitter said it removed the network of 2,800 inauthentic accounts originating in Iran at the beginning of May. 

“Our investigations into these accounts are ongoing,” a Twitter spokesperson told The Hill. “As we continue to investigate potential wider networks and actors, we typically avoid making any declarative public statements until we can be sure that we have reached the end of our analyses.” 

Both of the company’s announcements came on the heels of a report from top cybersecurity firm FireEye, which on Wednesday published its report on an Iran-linked misinformation campaign it had identified on Facebook and Twitter.  

FireEye has been investigating a network of English-language social media accounts working to promote messages supporting “Iranian political interests” — mostly anti-Israeli, pro-Palestinian and anti-Saudi sentiments. FireEye found that some of the accounts were impersonating real Americans, including some Republican political candidates who ran for the House in 2018, while others represented themselves as journalists. According to the FireEye report, some of the accounts successfully had letters to the editor and articles published in newspapers such as The New York Daily News.  

According to FireEye, most of the accounts they’d been tracking over the past year were suspended around May 9.

The firm said it had identified an inauthentic social media network “engaged in inauthentic behavior and misrepresentation and that we assess with low confidence was organized in support of Iranian political interests.”

“In addition to utilizing fake American personas that espoused both progressive and conservative political stances, some accounts impersonated real American individuals, including a handful of Republican political candidates that ran for House of Representatives seats in 2018,” the group wrote.

FireEye last year released a separate report on Iranian misinformation campaigns sweeping across top social media platforms; Tuesday’s report follows up on what it has noticed since then. 

Facebook said the accounts it removed included those identified by FireEye as well as some they found through their own investigation.

“Based on a tip shared by FireEye, a US cybersecurity firm, we conducted an internal investigation into suspected Iran-linked coordinated inauthentic behavior and identified this activity,” Facebook’s head of cybersecurity policy, Nathaniel Gleicher, said in a blog post. 

The apparently falsified personas often represented themselves as journalists and activists, and at some points reached out to policymakers, reporters, academics, Iranian dissidents and others, according to Facebook and FireEye. 

FireEye said U.S. and Israeli newspapers in some instances published letters and articles submitted by personas identified as false in the misinformation network. 

On Twitter, FireEye found that Iran-linked accounts were posing as Marla Livengood, a Republican candidate for California’s 9th Congressional District in 2018, and Jineea Butler, a Republican candidate for New York’s 13th Congressional District last year. Those accounts promoted messages that align with Iran’s political interests alongside more general messages about U.S. politics, sometimes copied from the candidates’ real accounts. Those fake accounts were suspended this month. 

“We were not aware of it,” Scott Winn, one of the leaders of Livengood’s campaign, told NBC News. “This seems to be kind of an ongoing problem in campaigns … We have people that are looking at what happened in the 2016 election and trying to duplicate that on a local level.” 

The firm said it cannot identify whether the network is linked to the Iranian government. 

“If it is of Iranian origin or supported by Iranian state actors, it would demonstrate that Iranian influence tactics extend well beyond the use of inauthentic news sites and fake social media personas, to also include the impersonation of real individuals on social media and the leveraging of legitimate Western news outlets to disseminate favorable messaging,” the report says. 

Twitter in its statement criticized FireEye for failing to “share information or insights with Twitter” on its findings before it published a report.

“FireEye, a private cybersecurity firm, has issued a report and chosen not to share information or insights with Twitter prior to publication which is outside standard, responsible industry norms,” Twitter said. “Responsible disclosure should include notification and information sharing to protect against informing bad actors. Going public without these elements harms the credibility of the security research community, whose insights we support and appreciate.” 

–Updated at 5:10 p.m.

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Consumer confidence rises in May despite new Trump tariffs

Consumer confidence rose in May despite rising trade tensions between the Trump administration and China and declines in retail and home sales.

The Conference Board consumer confidence index rose to 134.1 in May from 129.2 in April, its highest level since the end of 2018. The monthly report from the business research group is closely watched by investors and economists as an influential gauge of consumer confidence.

The overall confidence index is now close to its highest level in almost 18 years, the Conference Board said Tuesday.

The Conference Board’s present situation index, which measures consumers’ views of the current state of the economy, jumped from 169 in April to 175.2 in May. The group’s expectations index, a gauge of confidence in the future economic growth, also rose from 102.7 to 106.6.

The rise in consumer confidence comes after a month of mixed economic news and the emergence of potential threats to the U.S. and global economies.

“Consumer Confidence posted another gain in May and is now back to levels seen last Fall when the Index was hovering near 18-year highs,” said Lynn Franco, senior director of economic indicators at the Conference Board.

“Consumers expect the economy to continue growing at a solid pace in the short-term, and despite weak retail sales in April, these high levels of confidence suggest no significant pullback in consumer spending in the months ahead.”

Economic data released in May lowered some expectations of consumer confidence. Retail sales dropped 0.2 percent in April while home sales sunk 6.9 percent, according to federal data.

But the economy blew past expectations by adding 263,000 jobs in April, which Franco cited as the main driver behind the rise in consumer confidence.

“The increase in the Present Situation Index was driven primarily by employment gains. Expectations regarding the short-term outlook for business conditions and employment improved, but consumers’ sentiment regarding their income prospects was mixed,” Franco said.

Consumer income and the broader economy could soon be hindered by the new tariffs on Chinese goods. The cutoff for the Conference Board survey was May 16, a week after Trump and the Chinese government escalated their nearly yearlong trade war.

Trump on May 9 hiked tariffs on $200 billion in Chinese goods from 10 to 25 percent. Beijing responded by raising import taxes on $60 billion in U.S. agricultural exports.

The White House also released on May 13 a list of $300 billion in Chinese goods that Trump may subject to a 25 percent tariff. If Trump follows through, the president would impose tariffs on almost all goods of the roughly $535 billion in goods imported from China to the U.S.

The new tariffs would likely raise prices on hundreds of food items, agricultural products, articles of clothing, shoes and other consumer goods imported from China, which could tighten household budgets and weigh on consumer confidence.

Treasury Secretary Steven MnuchinSteven Terner MnuchinThe Hill’s Morning Report — After contentious week, Trump heads for Japan Artist designs stamp to put Harriet Tubman’s face over Jackson’s on bills On The Money: Senate passes disaster aid bill after deal with Trump | Trump to offer B aid package for farmers | House votes to boost retirement savings | Study says new tariffs to double costs for consumers MORE said at a House hearing Wednesday that he has spoken with major retailers, including the chief financial officer of Walmart, about potential tariff exemptions for goods not readily available from places other than China.

“There may be a small number of items where the cost of the tariffs may be passed on and those are the things that would be subject to exceptions,” Mnuchin told the House Financial Services Committee.

McConnell says Republicans would fill 2020 Supreme Court vacancy

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate GOP vows to quickly quash any impeachment charges The Hill’s 12:30 Report: Trump orders more troops to Mideast amid Iran tensions What if 2020 election is disputed? MORE (R-Ky.) said Tuesday that Republicans would fill a Supreme Court vacancy even if it occurs during the 2020 presidential election.

 

McConnell was asked by an attendee during a speech at the Paducah Chamber luncheon in Kentucky what his position would be on filling a Supreme Court seat during 2020 if a justice died.

 

“Oh, we’d fill it,” McConnell said to laughter from the audience.

 

The Senate GOP leader has viewed confirming judicial nominees as his top priority and one of the party’s best chances at having a long-term impact. With 53 seats, Republicans could confirm a nominee over the objections of Democrats.

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McConnell also used his official launch video for his 2020 Senate reelection campaign to highlight his work on helping confirm President TrumpDonald John TrumpCitizenship and Immigration Services union blasts Trump’s pick to head agency Texas secretary of state resigns after botched voter purge Trump hits Biden for 1994 crime bill support MORE‘s two Supreme Court nominees, Brett KavanaughBrett Michael KavanaughDemocratic groups gear up to use abortion rights as attack on GOP in 2020 Murkowski celebrates birthday with electric scooter ride Graham urges Trump not to abandon infrastructure talks with Democrats MORE and Neil GorsuchNeil GorsuchDemocratic groups gear up to use abortion rights as attack on GOP in 2020 2020 Dems break political taboos by endorsing litmus tests Kennedy considering retiring from Supreme Court: reports MORE.

 

“What can’t be undone is a life-time appointment to a young man or woman who believes in the quaint notion that the job of the judge is to follow the law,” McConnell said in Kentucky on Tuesday, contrasting the long-term impact of judicial nominations with the GOP tax bill.

 

Three of the nine current justices on the Supreme Court are 70 or older: Justice Ruth Bader GinsburgRuth Bader Ginsburg’RBG’ gets four MTV Movie & TV Awards nominations Ginsburg returns to Supreme Court for oral arguments Ginsburg released from hospital following cancer surgery MORE is 86, Stephen BreyerStephen BreyerJuan Williams: Anti-abortion extremism is on the rise Trump math: 1 + 1 + 1 = zero accountability Supreme Court justice’s cellphone rings during oral arguments MORE is 80 and Clarence ThomasClarence ThomasJuan Williams: Anti-abortion extremism is on the rise Teflon Joe? Biden brushes off attacks Anita Hill: Female 2020 Democrats ‘not being taken seriously’ MORE is 70. Ginsburg and Breyer are both members of the court’s liberal wing, while Thomas is conservative. Gorsuch and Kavanaugh are the court’s two youngest justices, at 51 and 54, respectively.

 

McConnell sparked ire in 2016 when he refused to give a hearing or a vote to Merrick GarlandMerrick Brian Garland2020 Dems break political taboos by endorsing litmus tests Merrick Garland, denied Supreme Court spot, on court set to consider Trump subpoena appeal  Warren calls for Congress to pass federal laws protecting Roe v. Wade MORE, then-President Obama’s final Supreme Court pick.

 

The GOP leader said at the time that he was refusing to move on Garland’s nomination to replace the late justice Antonin Scalia because it was a presidential election year, and that the next president should make a decision on who to appoint to the high court.

 

“The American people‎ should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President,” McConnell said in a statement hours after Scalia died in February 2016.

 

A spokesman for McConnell told CNN, which first reported his remarks on Tuesday, that the difference was that in 2020 both the Senate and White House would be controlled by Republicans. In 2016, the White House was controlled by Democrats and the Senate by Republicans.

 

McConnell had previously refused to rule out filling a Supreme Court vacancy if one should occur in 2020.

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“We’ll see if there is a vacancy in 2020,” McConnell said last year after Kavanaugh’s confirmation.

 

McConnell indicated during an interview with Fox News that which party controls the Senate and the White House were crucial factors in determining if a vacancy was filled.

 

“You have to go back to 1880s to find the last time a Senate controlled by a party different from the president filled a vacancy on the Supreme Court that was created in the middle of a presidential election year.”

 

McConnell’s stance puts him publicly at odds with some Senate Republicans, including Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamSenate GOP vows to quickly quash any impeachment charges Fox’s Chris Wallace challenges Graham over past comments on ignoring subpoenas Graham: ‘I’ve got a real problem’ with arms sales to Saudi Arabia MORE (R-S.C.).

 

“If an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait until the next election,” Graham said last year at an event hosted by The Atlantic.

 

Updated: 9:05 p.m.

Overnight Defense: Republican blocks disaster aid package that includes money to rebuild military bases | Trump revives fight over aircraft carrier catapults | Trump contradicts ally, aide on North Korea missile tests

Happy Tuesday and welcome to Overnight Defense. I’m Rebecca Kheel, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

 

THE TOPLINE: Welcome back from Memorial Day weekend to a D.C. where lawmakers are at home on recess.

Well, most lawmakers.

A few House members were in town for the “pro forma” session, including Rep. Thomas MassieThomas Harold MassieOn The Money: Senate passes disaster aid bill after deal with Trump | Trump to offer B aid package for farmers | House votes to boost retirement savings | Study says new tariffs to double costs for consumers Republicans attempt to amend retirement savings bill to include anti-BDS language House votes to boost retirement savings MORE (R-Ky.), who became the second Republican to block passage of a disaster aid bill.

Massie objected to an attempt by Democrats to clear the $19.1 billion disaster aid package by unanimous consent.

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His objection followed Friday’s from Rep. Chip RoyCharles (Chip) Eugene RoyOn The Money: Conservative blocks disaster relief bill | Trade high on agenda as Trump heads to Japan | Boeing reportedly faces SEC probe over 737 Max | Study finds CEO pay rising twice as fast as worker pay The Hill’s 12:30 Report: Trump orders more troops to Mideast amid Iran tensions Conservative blocks House passage of disaster relief bill MORE (R-Texas).

Defense connection: The bill includes billions to rebuild storm-battered military bases that defense officials have been desperately seeking.

Tyndall Air Force Base in Florida, Offutt Air Force Base in Nebraska; and Camp Lejeune and Marine Corps Air Station Cherry Point in North Carolina have all been ravaged by natural disasters recently.

The bill would provide $1.67 billion for the Air Force and $981 million for the Navy and Marine Corps.

Even as those bases await funding to rebuild, word came Tuesday of damage to Wright-Patterson Air Force Base in Ohio from severe storms, including tornados.

Military.com reported that about 150 homes in an off-base, privatized housing area were damaged, on top of several vehicles. The main facilities on the base were not severely impacted, according to the news site.

To-do list: Because the House has been unable to pass the disaster aid bill by unanimous consent, it’s on Congress’ to-do list when lawmakers return to town next week.

The Hill’s Jordain Carney took a look Tuesday at all the items piling up on Congress’ list, including the National Defense Authorization Act and other defense-related

items such as a budget deal. Take a look at the full list here.

 

TRUMP REVIVES CATAPULT CRITICISM: When President TrumpDonald John TrumpCitizenship and Immigration Services union blasts Trump’s pick to head agency Texas secretary of state resigns after botched voter purge Trump hits Biden for 1994 crime bill support MORE first criticized new aircraft carriers for forgoing “goddamned” steam catapults, his comments were seen as an oddity.

Now, it’s become almost a regular refrain when he talks about carriers.

Trump was it again in an overnight visit to sailors aboard the USS Wasp amphibious assault ship in Japan.

“You know, they were saying — one of the folks said, ‘No, the electric works faster. But, sir, we can only get the plane there every couple of minutes,’ ” Trump said aboard the USS Wasp, according to a White House transcript, adding: “So, really, what they did was wrong.”

“I think I’m going to put an order,” the president continued. “When we build a new aircraft carrier, we’re going to use steam. I’m going to just put out an order: We’re going to use steam. We don’t need — we don’t need that extra speed.”

Background: Trump doesn’t like what’s known as the Electromagnetic Aircraft Launch System (EMALS). The system’s development was plagued with issues, but on the whole, it’s expected to save the Navy money compared with steam, which is harder to maintain and can damage aircraft.

Therpresident first criticized EMALS in a 2017 Time magazine interview, telling the publication he wanted to return to “goddamned steam.”

“It sounded bad to me. Digital. They have digital. What is digital? And it’s very complicated, you have to be Albert Einstein to figure it out. And I said–and now they want to buy more aircraft carriers. I said, ‘What system are you going to be–‘ ‘Sir, we’re staying with digital.’ I said, ‘No you’re not. You going to goddamned steam, the digital costs hundreds of millions of dollars more money and it’s no good.'”

Overseas trip: Trump’s visit to sailors on the Wasp wrapped up his largely ceremonial trip to Japan to meet the new emperor.

Despite the pomp and circumstance, Trump did make headlines over pressing issues for the region.

Namely, he contradicted his national security adviser John BoltonJohn Robert BoltonChina rips security meeting between US, Taiwan North Korea labels Bolton a ‘war monger’ and ‘defective human product’ Trump agrees with Kim, rips Biden at Japan presser MORE and Japanese Prime Minister Shinzo Abe on the issue of North Korea’s recent missile tests.

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Trump said during a joint press conference that he was not “personally” bothered by Pyongyang’s short-range missile tests, which Abe recently called “extremely regrettable” and a violation of United Nations Security Council resolutions.

Bolton had also agreed with Abe that the launches violated missile-test bans.

“My people think it could have been a violation, as you know,” Trump said at a press conference. “I view it differently. I view it as a man — perhaps he wants to get attention, and perhaps not. Who knows? It doesn’t matter.”

The Hill’s Brett Samuels and Jordan Fabian have a rundown of five takeaways from Trump’s trip. Catch up on that here.

More to come: Acting Defense Secretary Patrick ShanahanPatrick Michael ShanahanGOP rep says intel on Iran is ‘credible’ Trump defense pick expected to face tense confirmation Iran slams US troop deployment: ‘Extremely dangerous’ for Middle East peace MORE is traveling to Asia this week, so expect him to be asked questions on Trump’s comments from his trip.

Shanahan left Tuesday for a trip that includes stops in Hawaii, Jakarta, Singapore, Seoul and Tokyo.

 

SHANAHAN CONFIRMATION FIGHT: Speaking of Shanahan, over the weekend, your Overnight Defense correspondent took a look at the fight ahead over Shanahan’s nomination to be Defense secretary full-time.

Shanahan is expected to be confirmed, that doesn’t mean it won’t get messy. In particular, he’s expected to face tough questions from Democrats about how much he is willing to push back on the president.

Catch up on that story here.

 

ON TAP FOR TOMORROW

Defense Intelligence Agency Director Lt. Gen. Robert Ashley will participate in a discussion on Russian and Chinese nuclear weapons at 8:45 a.m. at the Hudson Institute. https://bit.ly/2VRPD29

Joint Chiefs of Staff Chairman Gen. Joseph Dunford will speak at 10:30 a.m. at the Brookings Institution. https://brook.gs/2ErGw2x

 

ICYMI

— The Hill: Service members wear ‘Make Aircrew Great Again’ patches in Japan

— The Hill: State Department calls Russian, Syrian airstrikes a ‘reckless escalation’

— The Hill: Opinion: To avoid war with Iran, US needs to deal — starting with a concession

— The Hill: Opinion: House Democrats press for acquisition reform but hamper innovative programs

— Associated Press: Iran’s Guard talks tough, says it has no fear of war with US

— Reuters: Poland plans to buy 32 F-35A fighters: minister 

Biden campaign slams Trump for criticizing former vice president on foreign soil

Joe BidenJoe BidenTrump hits Biden for 1994 crime bill support Will top 2020 Democrats make ending war in Afghanistan a defining issue or an afterthought? Nevada emerges as wild card in 2020 Democratic race MORE‘s campaign on Tuesday issued a sharp response to President TrumpDonald John TrumpCitizenship and Immigration Services union blasts Trump’s pick to head agency Texas secretary of state resigns after botched voter purge Trump hits Biden for 1994 crime bill support MORE‘s criticism of the former vice president while on a state visit to Japan, calling the president’s attacks on his potential 2020 rival “beneath the dignity of the office.”

Biden’s office waited for Trump to land in the United States before issuing the statement, a nod toward the old adage that criticism stops while the president is abroad.

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“To be on foreign soil, on Memorial Day, and to side repeatedly with a murderous dictator against a fellow American and former Vice President speaks for itself,” deputy campaign manager Kate Bedingfield said in a statement. “And it’s part of a pattern of embracing autocrats at the expense of our institutions – whether taking Putin’s word at face value in Helsinki or exchanging ‘love letters’ with Kim Jong UnKim Jong UnPence honors fallen US service members at Arlington National Cemetery Bremmer apologizes after Trump tweet on ‘completely ludicrous’ quote Trump knocks Ian Bremmer for ‘completely ludicrous quote’ MORE.”

While in Japan, Trump repeatedly criticized Biden on Twitter and during a press conference alongside Prime Minister Shinzo Abe. The president said multiple times that he agreed with North Korean leader Kim Jong Un’s assessment that Biden was a “low IQ” individual.

The Trump campaign countered Biden’s statement by attacking his foreign policy record.

“That’s rich coming from Joe Biden, who bashed President Trump while standing on foreign soil earlier this year in Germany,” Trump campaign communications director Tim Murtaugh said in a statement.

Murtaugh was referring to comments from Biden during the Munich Security Conference in February, where the former vice president chastised the Trump administration’s foreign policy and practice of separating migrant families in his remarks without explicitly naming Trump. The president was not traveling at the time.

Murtaugh went on to cite the Obama administration’s efforts to broker a nuclear pact with Iran, as well its failure to uphold its “red line” in Syria as examples of “siding with a murderous dictator” as Biden suggested Trump had done with Kim. 

“From the Iraq war to the Russia reset, Joe Biden has been wrong on virtually every foreign policy call in the last four decades,” Murtaugh said. “Just ask former Obama Defense Secretary Robert Gates.”

Trump has been fixated on Biden since the former vice president entered the 2020 race, tweeting repeatedly about him and predicting that he would be the eventual Democratic nominee.

While in Japan, the president sided with Kim in his criticisms and targeted Biden over his support of a 1994 crime bill.

“Kim Jong Un made a statement that Joe Biden is a low IQ individual. He probably is based on his record. I think I agree with him on that,” Trump said while standing alongside Abe at a press conference in Tokyo.

Asked in a follow-up question whether he was siding with a foreign dictator over a former U.S. vice president, Trump stood firm.

“I don’t take sides as to who I’m in favor of, who I’m not,” Trump added. “But I can tell you that Joe Biden was a disaster. His administration with President Obama, they were basically a disaster when it came to so many things.”

Biden is leading polls in the Democratic primary, and has argued he is the Democrat with the best chance of defeating Trump. He is leading Trump in some polls of a hypothetical 2020 match-up.

The attacks by Trump on Biden also appear to have helped the former vice president’s campaign.

Biden’s campaign sent out an email Tuesday afternoon fundraising off of Trump’s latest attacks, arguing the president is “rattled” and “going so far as to side with North Korean dictator Kim Jong Un.”

Updated at 4:23 p.m.