Supreme Court Chief Justice John Roberts has rejected a request for an investigation into the retirement of an appeals court judge that created a coveted vacancy for President TrumpDonald John TrumpGeorge Conway pens op-ed predicting Trump will lose Supreme Court case over tax disclosures Top intel official leaving post Eleven Secret Service agents test positive for COVID-19: report MORE to fill months before the 2020 election.

The chief judge for the D.C. Circuit Court of Appeals had asked Roberts to assign another court to conduct a judicial misconduct inquiry into Judge Thomas B. Griffith’s retirement after a progressive group submitted a complaint.

However, Roberts “has determined that a transfer of the matter is not appropriate at this juncture of the proceeding” because the complaint did not provide probable cause for an inquiry, Jeffrey Minear, a counselor for Roberts, wrote in a letter on Friday.

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The progressive group Demand Justice had asked D.C. Circuit Chief Judge Sri Srinivasan for the investigation following Griffith’s retirement announcement and a story in The New York Times that reported that Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellWhite House adviser says new COVID stimulus talks on pause Roberts rejects request for inquiry into appellate judge’s retirement Trump says he’d help Biden get access to rapid COVID-19 tests MORE (R-Ky.) was urging veteran conservative judges to retire this year so that Trump could replace them with ideological allies before the election.

“John Roberts is officially covering up Mitch McConnell’s court-packing project. The highly respected chief judge of the nation’s second-highest court thought this matter should be referred for further investigation, and now Roberts is ignoring that recommendation and blocking any further look into McConnell’s campaign to pressure federal judges to retire,” Brian Fallon, Demand Justice’s executive director, said in a statement Friday. “After bragging about those efforts as recently as two months ago, McConnell ducked every question this week about what conversations he had. Judge Srinivasan was right to forward this matter along, and Roberts’ decision to turn a blind eye to McConnell’s conduct shows how deeply politicized the courts have become.”

Trump last month nominated Justin Walker, a 38-year-old McConnell protégé who has served as a federal judge in Kentucky for the past six months, to fill Griffith’s seat.

Walker told the Senate Judiciary Committee in a questionnaire that he met with McConnell and Trump in the months before Griffith’s retirement announcement in March.

The D.C. Circuit is considered the second most important court in the country because of its jurisdiction over many government agencies and is something of a proving ground for potential Supreme Court nominees. 

Updated: 5:30 p.m.

The House Intelligence Committee on Thursday released the long-delayed transcripts related to the GOP-led investigation by the panel into Russian interference in the 2016 presidential election.

The committee released 57 transcript interviews from 2017-2018 that reveal what was said behind closed doors as lawmakers sought to determine whether members of the Trump campaign and Russia coordinated to tip the scales of the election. While the committee has already released a report on its findings from the investigation, the transcripts have since been tied up in a classification review.

While former special counsel Robert MuellerRobert (Bob) MuellerCNN’s Toobin warns McCabe is in ‘perilous condition’ with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill’s 12:30 Report: New Hampshire fallout MORE ultimately did not find evidence over the course of his own investigation of a conspiracy between the Trump campaign and Russia, Democrats and Republicans on the committee were divided over the testimonies they received.

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House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffHouse panel releases long-awaited transcripts from Russia probe Top Democrat demands ‘immediate explanation’ from Barr after Flynn case dropped Trump cheers DOJ move to drop Flynn case MORE (D-Calif.) asserted that the transcripts proved that Russia sought to hurt then-candidate Hillary ClintonHillary Diane Rodham ClintonHouse panel releases long-awaited transcripts from Russia probe The good, the bad and the ugly of in-person presidential campaigns Fox’s Stirewalt: ‘You could not fathom a worse running mate’ for Biden than Hillary Clinton MORE’s campaign and help candidate Donald Trump — a point GOP lawmakers on the panel contested.

“Despite the many barriers put in our way by the then-Republican Majority, and attempts by some key witnesses to lie to us and obstruct our investigation, the transcripts that we are releasing today show precisely what Special Counsel Robert Mueller also revealed: That the Trump campaign, and Donald Trump himself, invited illicit Russian help, made full use of that help, and then lied and obstructed the investigations in order to cover up this misconduct,” Schiff said in a statement.

The transcripts detail interviews with a number of current and former Trump administration officials and Trump allies, including former chief strategist Steve BannonStephen (Steve) Kevin BannonHouse panel releases long-awaited transcripts from Russia probe Sunday shows preview: America braces for next month of pandemic Sunday shows preview: Lawmakers weigh in as US eyes phased reopening of economy MORE, Trump’s son-in-law and senior adviser Jared KushnerJared Corey KushnerHouse panel releases long-awaited transcripts from Russia probe Trump volunteers kept ‘VIP’ list of leads for medical supplies: report April’s dumbest and most dangerous coronavirus declarations MORE, former campaign aide Corey LewandowskiCorey R. LewandowskiHouse panel releases long-awaited transcripts from Russia probe Hillicon Valley — Presented by Facebook — FCC fines mobile carriers 0M for selling user data | Twitter verified fake 2020 candidate | Dems press DHS to complete election security report | Reddit chief calls TikTok spyware Rod Blagojevich joins app where people can pay for personalized video message MORE, and former Director of National Intelligence Dan CoatsDaniel (Dan) Ray CoatsHouse panel releases long-awaited transcripts from Russia probe Susan Collins says she will vote for Trump’s intelligence chief nominee Senate Intelligence gets its chance to grill John Ratcliffe MORE. 

The interviews also include those with top law enforcement and intelligence officials from the Obama administration, including former Director of National Intelligence James ClapperJames Robert ClapperHouse panel releases long-awaited transcripts from Russia probe Former intelligence chiefs slam Trump for removing officials Think this coronavirus crisis is bad? The next could be worse — if we don’t act now MORE and former deputy Attorney General Sally YatesSally Caroline YatesHouse panel releases long-awaited transcripts from Russia probe GOP lawmakers rush to defend Flynn, attack FBI Who should be the Democratic vice presidential candidate? MORE. 

Longtime Trump adviser Roger StoneRoger Jason StoneDemocrats renew calls for Barr to resign after DOJ drops Flynn case House panel releases long-awaited transcripts from Russia probe Trump cheers DOJ move to drop Flynn case MORE’s transcript had already become public as a result of his criminal case. He was convicted of lying to Congress, witness tampering and other charges last year in connection with Mueller’s investigation. 

The release of the transcripts comes roughly two years after the GOP-controlled House Intelligence Committee concluded its investigation into Russian interference, a probe that was marked by partisanship. Republicans on the committee notably broke with the intelligence community’s assessment that Russia interfered in the election in part to help Trump win — an opinion that goes against Democrats on the panel, the bipartisan findings of the Senate Intelligence Committee’s Russia probe and the intelligence community assessment.

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Schiff eventually revived and expanded the committee’s investigation after Democrats won control of the House at the end of 2018. 

Mueller concluded his investigation in March 2019, finding that the Russian government interfered in the 2016 election in “sweeping and systematic fashion.” While Mueller found that Trump’s campaign welcomed Russia’s release of hacked information, the special counsel did not find evidence to charge a conspiracy between the Kremlin and the campaign. Mueller also did not reach a conclusion on whether Trump obstructed the investigation.

The Senate Intelligence Committee’s investigation into Russian interference was markedly bipartisan, with the committee concluding that Russia interfered with the goal of assisting the Trump campaign. The Senate panel has released four volumes of its investigation, with a fifth on counterintelligence measures still to come. 

The transcripts show that Coats spoke frankly about his conversations with Trump during his June 2017 interview. He said the president on a number of occasions raised the fact that he believed his job had been “compromised” by the assertion he colluded with the Russians. 

“He has each time said: I haven’t colluded with the Russians, but it is really hampering what I am trying to do. lt is saturating the news,” Coats told the panel. 

Coats at one point described a conversation he had with Trump, who vowed against the allegations that he slept with Russian prostitutes as laid out in the so-called Steele dossier — a compilation of memos detailing allegations about Trump’s contacts with Russia.

“I swear to you on the soul of my son, I had nothing to do with that prostitution. And for them to take me aside and raise that issue and then have it leaked,” Coats recalled the president telling him. 

“He said, ‘how would you like it if — how do you go home and talk to your wife when it is plastered all over the place that you were using prostitutes in Russia and you are having your family hear that and having your son hear that?’ … He was just really, really impacted,” he added.

Coats also told the committee that Trump asked him if he could publicly state that there was no collusion, and that he didn’t believe it was appropriate. 

“I guess he was thinking: Look, you are the Director of DNl. He was probably in his mind thinking: Hey, you are — if anybody knows what is going on in intelligence, from an intelligence standpoint, you must be, you say it. I did not think it was appropriate to do that,” Coats said. 

Coats went on to say that he did not feel influenced in his conversations with Trump but said that he was “uncomfortable at times because I didn’t think he should be asking me could I say something publicly.” He said he later expressed frustration with his staff at Trump’s request that he make a public statement about there being no collusion.

Clapper told the committee he never saw any “direct empirical evidence” that the Trump campaign or someone part of it was plotting or conspiring with the Russians to meddle in the election.

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Clapper also said he believed Russian President Vladimir PutinVladimir Vladimirovich PutinHouse panel releases long-awaited transcripts from Russia probe When it comes to the pandemic, the US is not unlike Russia   Trump offers Russia assistance as its coronavirus cases soar MORE was “absolutely” successful in his effort to undermine the credibility of the U.S. election process.

Clapper described the Russian objectives as evolving from sowing discord to harming Clinton and said their approach shifted once they saw Trump to be a serious candidate.

“Their objectives evolved. First, sow discord. Tremendous animus towards Mrs. Clinton. And as things evolved, and when it became evident that President TrumpDonald John TrumpGuidelines drafted by CDC were rejected by Trump administration citing religious freedom, economic concerns: report Tara Reade represented by well-known lawyer, Trump campaign donor Barr says it was ‘duty’ to drop Flynn case: ‘It upheld the rule of law’ MORE was a serious candidate, then I think their approach evolved as well,” Clapper said in his July 2017 interview. 

Much of the news in the transcripts had either been leaked or previously revealed, whether in interviews or court hearings. 

Both Democrats and Republicans on the Intelligence panel voted unanimously in 2018 to make the transcripts available to the public, but they were delayed during a classification review.

“[I]t is long past time that these are released,” acting Director of National Intelligence Richard Grenell said in a statement, following their release.

Updated at 7:50 p.m.

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Happy Friday and welcome back to On The Money. 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.

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.

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THE BIG DEAL — US unemployment rate soars to 14.7 percent as economy loses 20.5 million jobs: The U.S. lost 20.5 million jobs in April amid the economic devastation of the coronavirus pandemic as the steepest recorded surge in American unemployment nearly wiped out a decade of job gains, according to data released Friday by the Bureau of Labor Statistics (BLS).

The unemployment rate spiked from 4.4 percent in March, according to the April jobs report, as thousands of businesses closed and laid off or furloughed workers they could no longer afford to employ. 

• The one-month rise in the unemployment rate between March and April is the largest ever recorded by the BLS.
• April’s staggering job losses also shattered records for both the largest one-month decline in jobs — roughly 2 million in September 1945 — and the highest level of unemployment ever recorded by the BLS, 10.8 percent in November 1982.
• The jobs lost in April alone are almost 2.5 times the 8.7 million jobs lost during the Great Recession, and nearly equal to the 22.4 million jobs gained in the decade of recovery that followed.

Between March’s revised loss of 870,000 jobs and April’s record-breaking plunge, the U.S. has lost roughly 21.4 million jobs since the spread of COVID-19 upended American life and derailed a resilient economy. I’ll walk you through the worst jobs report in modern American history here.

A small glimmer of hope meets a harsh reality: While 18.1 million of the 20.5 million jobs lost in April were due to temporary layoffs, according to the BLS, the steep economic toll of the pandemic may force many of those employers to close for good.

“Unfortunately, for many of those in the job market, the question becomes whether these jobs will return and these businesses reopen, which could have devastating and far-reaching economic effects,”  Beth Ann Bovino, chief U.S. economist at S&P Global Ratings, wrote in a Thursday research note. 

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Widespread job losses: 

• The leisure and hospitality sector took the brunt of April’s damage, losing 7.7 million jobs as employment in the industry dropped 47 percent. A 5.5 million decline in restaurant and bar jobs also made up much of the April plunge.
• The pandemic wiped out 2.5 million education and health services jobs in April, including 503,000 losses in dental offices, 243,000 losses in physicians’ offices and 651,000 social assistance jobs.
• Government employment also sunk by 980,000 jobs, including the loss of 801,000 jobs in local government that reflects widespread school closures. The sharp decline in government jobs come as states and municipalities face severe budget shortfalls driven by rising unemployment claims and falling tax revenue.
• While the U.S. lost 2.1 million retail jobs in April, warehouse clubs and supercenters gained 93,000 workers. Professional and business services (2.1 million), manufacturing (1.3 million) and other services (1.3 million) also suffered seven-figure job losses. 

 

LEADING THE DAY

White House adviser says new COVID stimulus talks on pause: White House economic adviser Larry KudlowLawrence (Larry) Alan KudlowMORE signaled Friday that formal negotiations on the next coronavirus stimulus package would be paused until early June.

“We’re in a lot of conversations right now. We’ve kind of paused as far as formal negotiations go,” Kudlow told reporters at the White House. “Let’s have a look at what the latest round produces. You need a month or so to evaluate that.”

Kudlow also noted that he and White House economic adviser Kevin Hassett continue to hold discussions with lawmakers, including a phone call Thursday with about 50 bipartisan members of the House.

Step back vs. push ahead:

• Kudlow emphasized that it was important to evaluate the impact of the last round of stimulus and the effect of states’ loosening coronavirus restrictions before enacting legislation providing further relief.
• President TrumpDonald John TrumpGeorge Conway pens op-ed predicting Trump will lose Supreme Court case over tax disclosures Top intel official leaving post Eleven Secret Service agents test positive for COVID-19: report MORE also told reporters later Friday that the administration was not in a rush to reach a deal on a new measure to stem the economic fallout of the pandemic.
• But Democrats are pushing ahead with another $2-trillion proposal with New Deal aspirations as the country continues to suffer from the economic damage of the pandemic.

A trio of senators are also introducing legislation to provide $2,000 in monthly payments during, and in the immediate aftermath of, the coronavirus pandemic.

But Republicans have shown resistance to even one more round of stimulus checks.

• “Well people in hell want ice water, too,” said Sen. John KennedyJohn Neely KennedyMORE (R-La.) when asked about another round of checks. “I mean, everybody has an idea and a bill, usually to spend more money. It’s like a Labor Day mattress sale around here.”
• “I wasn’t a real big supporter of that in the first round,” said Sen. Ron JohnsonRonald (Ron) Harold JohnsonOn The Money: Unemployment rate spikes to 14.7 percent as 20.5 million lose jobs | Trump, White House pumps brakes on next relief bill | Senate GOP resistant to new round of stimulus checks The Hill’s 12:30 Report: Trump calls into ‘Fox & Friends’ Republicans not sold on new round of relief checks MORE (R-Wis.). “This isn’t your classic recession.”
• “The real stimulus that’s going to change the trajectory that we’re on is going to be the economy, not government checks,” said Sen. Lindsey GrahamLindsey Olin GrahamOn The Money: Unemployment rate spikes to 14.7 percent as 20.5 million lose jobs | Trump, White House pumps brakes on next relief bill | Senate GOP resistant to new round of stimulus checks The Hill’s 12:30 Report: Trump calls into ‘Fox & Friends’ Republicans not sold on new round of relief checks MORE (R-S.C.). “So I doubt there will be another payment.”

The Hill’s Jordain Carney tells us why here.

 

Tech firms emerge as big winners in new COVID-19 economy: Tech stocks are defying gravity in the midst of what may be the worst economic downturn in a century. 

On Thursday, the tech-heavy Nasdaq composite turned positive for the year after plunging more than 20 percent at one point in March from a record high a month earlier, even as indexes such as the Dow Jones Industrial Average remained down about 15 percent from 2019.

To some extent, the relative strength of tech stocks is the result of people increasingly turning to technology during a time of social isolation. But analysts say it’s also a sign of what’s to come as COVID-19 reshapes the economy.

“Investors now are looking forward to those kinds of business models and companies that will not only survive this environment, but thrive as a result of it,” said Scott Clemons, chief investment strategist at Brown Brothers Harriman.

The Hill’s Niv Elis explains why here.

 

GOOD TO KNOW

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• Communities reliant on the oil and gas industry say it may take years, not months, to bounce back from the coronavirus pandemic that’s ravaging local economies.
• The U.S. budget deficit has soared to $1.48 trillion for the first seven months of the current fiscal year, according to a new estimate from the Congressional Budget Office (CBO).
• A bipartisan group of lawmakers is urging the Trump administration to take action to prevent additional payments of coronavirus relief checks to dead people.
• The IRS said Friday that people should use the agency’s “Get My Payment” web tool by noon on Wednesday, May 13, in order to receive their coronavirus relief payment more promptly.
• A majority of U.S. Olympic sports organizations have applied for federal loans through the Paycheck Protection Program (PPP) due to financial strains caused by the coronavirus outbreak, according to a new report.
• Democratic Reps. Maxine WatersMaxine Moore WatersOn The Money: Unemployment rate spikes to 14.7 percent as 20.5 million lose jobs | Trump, White House pumps brakes on next relief bill | Senate GOP resistant to new round of stimulus checks Pelosi seeks to wrangle caucus behind next COVID-19 bill Trump won’t allow Fauci to testify before House because it’s ‘a bunch of Trump haters’ MORE (Calif.), Denny HeckDennis (Denny) Lynn HeckExclusive: Guccifer 2.0 hacked memos expand on Pennsylvania House races Heck enjoys second political wind Incoming lawmaker feeling a bit overwhelmed MORE (Wash.) and Sen. Sherrod BrownSherrod Campbell BrownOn The Money: Unemployment rate spikes to 14.7 percent as 20.5 million lose jobs | Trump, White House pumps brakes on next relief bill | Senate GOP resistant to new round of stimulus checks An evidence-based response to rising child poverty — reform and expand the Child Tax Credit Hillicon Valley: Uber to lay off thousands of employees | Facebook content moderation board announces members | Lawmakers introduce bill to cut down online child exploitation MORE (Ohio) on Friday proposed a $100-billion rental assistance program to help stave off evictions amid the economic downturn.

 

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ODDS AND ENDS

• Google said Friday it has asked its workers to take off on May 22 in an attempt to address burnout from the coronavirus pandemic.
• The Senate Appropriations Committee is likely to skip two of the most controversial annual funding bills, signaling it will save those fights for a larger spending deal or floor votes.

Speaker Nancy PelosiNancy PelosiOn The Money: 3.2 million more Americans file new jobless claims | Schumer, Pelosi set to unveil ‘Rooseveltian’ relief package | Pelosi pushes back on Trump’s call for capital gains tax cuts Pelosi slams move to drop Flynn case: ‘Barr’s politicization of justice knows no bounds’ Overnight Health Care: Schumer, Pelosi set to unveil ‘Rooseveltian’ relief package | GOP chairman says nation needs ‘millions’ more tests to safely reopen | Harvard study says only nine states ready to reopen safely MORE (D-Calif.) on Thursday accused Attorney General William BarrWilliam Pelham BarrBarr says it was ‘duty’ to drop Flynn case: ‘It upheld the rule of law’ Democrats renew calls for Barr to resign after DOJ drops Flynn case Pelosi slams move to drop Flynn case: ‘Barr’s politicization of justice knows no bounds’ MORE of trying to “cover up” for President TrumpDonald John TrumpGuidelines drafted by CDC were rejected by Trump administration citing religious freedom, economic concerns: report Tara Reade represented by well-known lawyer, Trump campaign donor Barr says it was ‘duty’ to drop Flynn case: ‘It upheld the rule of law’ MORE in dropping the case against his former national security adviser Michael Flynn for charges of lying to the FBI about his contacts with Russia.

“Attorney General Barr’s politicization of justice knows no bounds,” Pelosi said in a statement.

“Michael Flynn pleaded guilty to lying to federal investigators in the face of overwhelming evidence – but now, Attorney General Barr’s Justice Department is dropping the case to continue to cover up for the President,” she added.  

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Flynn had previously pleaded guilty to lying to the FBI about his contacts with Russia during the presidential transition in 2016. Flynn later moved to withdraw his guilty plea and has been fighting the charges.

In a court filing on Thursday, the Department of Justice (DOJ) said it was moving to drop its case against Flynn, saying it was no longer sure it could make its case.

Former FBI Deputy Director Andrew McCabeAndrew George McCabeDemocrats renew calls for Barr to resign after DOJ drops Flynn case Pelosi slams move to drop Flynn case: ‘Barr’s politicization of justice knows no bounds’ Comey, McCabe slams Justice for dropping Flynn case: ‘Pure politics designed to please’ Trump MORE noted in a statement that the DOJ’s new position contradicts the findings by both former special counsel Robert MuellerRobert (Bob) MuellerCNN’s Toobin warns McCabe is in ‘perilous condition’ with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill’s 12:30 Report: New Hampshire fallout MORE and the Office of the Inspector General.

“Overruling the Special Counsel is without precedent and without respect for the rule of law,” Pelosi said.

House Judiciary Committee Chairman Jerrold NadlerJerrold (Jerry) Lewis NadlerTop Democrat demands ‘immediate explanation’ from Barr after Flynn case dropped Yang sues over New York canceling Democratic presidential primary Nadler presses Barr over Trump using emergency powers during pandemic MORE (D-N.Y.) called the move “outrageous” and demanded an “immediate explanation,” pledging to summon Barr to the Capitol.

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“Rest assured, we are going to reschedule that hearing, ASAP, and demand answers!” Nadler tweeted.

On Thursday, Trump told reporters that he was pleased to hear the DOJ’s decision and wanted people “to pay a big price” for prosecuting his former adviser.

“He was an innocent man,” Trump told reporters in the Oval Office on Thursday afternoon. “He is a great gentleman. He was targeted by the Obama administration and he was targeted in order to try and take down a president, and what they’ve done is a disgrace, and I hope a big price is going to be paid.”

President TrumpDonald John TrumpTrump ally named next postmaster general Biden says he’ll reverse DeVos rule bolstering protections for those accused of campus sexual assault Reopen America — and repeal the SALT limitation MORE said Wednesday his administration is sticking with Republican state attorneys general who are suing to overturn the Affordable Care Act (ACA) after reports indicated U.S. Attorney General William Barr wanted to modify the Justice Department’s stance on the lawsuit. 

“We’re staying with Texas and the group,” Trump told reporters, referring to the coalition of GOP attorneys general, led by Texas, who argue the law is now unconstitutional because Congress repealed the penalty on individuals who don’t have health insurance in 2017.

“ObamaCare is a disaster but we’ve made it barely acceptable,” Trump added. 

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CNN reported this week that Barr had pushed to modify the administration’s stance on the lawsuit to preserve parts of the law rather than fully repealing it. Filings are due Wednesday for the Supreme Court case, which is expected to be heard in the next term. 

The administration’s position on the lawsuit has changed several times since it was filed in 2018. The Justice Department said last year the entire law should be struck down after initially saying some protections should be preserved. 

Trump’s comments about standing by the lawsuit come as Democrats again seek to mobilize voters on the issue of health care ahead of the November elections by arguing the president is trying to rip away coverage from millions of Americans. That strategy helped Democrats win back the House majority in 2018, but is arguably more damaging to Trump now as the U.S. deals with a deadly pandemic. 

“The protections of the Affordable Care Act are more important than ever,” Speaker Nancy PelosiNancy PelosiOn The Money: House hits gas, Senate pumps brakes on T more in relief | Battle brewing over how to get more relief money to Americans | Private sector lost 20.2 million jobs in April: ADP Former Surgeon General Vivek Murthy says public health threat of loneliness compounded by COVID-19; Trump says task force will ‘evolve’ White House sticks with Republican attorneys general fighting to overturn ObamaCare MORE (D-Calif.) told reporters on a call Wednesday. 

“Yet, in an act of staggering cruelty and senselessness, the president is still in court suing to tear down the ACA and dismantle every one of its protections and benefits.” 

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Because the Trump administration declined to defend the law against legal challenges in a break from standard protocol, Democratic attorneys general, led by California, have mounted the defense of the ACA. 

California Attorney General Xavier BecerraXavier BecerraWhite House sticks with Republican attorneys general fighting to overturn ObamaCare Uber to lay off 3,700 employees amid coronavirus pandemic Hillicon Valley: Uber, Lyft sued in California | Ratcliffe refuses to say whether Russian interference favored Trump | Facebook takes down QAnon conspiracy accounts | Airbnb cuts workforce MORE (D) said the coalition of 20 states and Washington, D.C., filed their briefs Wednesday with the Supreme Court, setting up the next phase in the battle over the 10-year-old health care law. 

“In defending the ACA before the Supreme Court, our goal is simple: save affordable healthcare and with it, American lives,” Becerra said in a statement. 

“The Trump Administration is choosing to walk away from its obligation to defend our nation’s laws. This is not a moment to abandon Americans who need to know they have the health coverage to protect their families from the coronavirus.”

The Supreme Court in March agreed to hear the case after the Democrats challenged a federal appeals court ruling that the mandate was unconstitutional. The appeals court punted the case back down to a lower court, which ruled in 2018 that the law is unconstitutional because it can’t stand without the mandate penalty. 

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In the Democratic brief filed Wednesday, Becerra and the other attorneys general argued the benefits of the ACA have “proven indispensable in the context of the current pandemic.”

The Democrats argue the law should stand because even if the mandate is now unconstitutional, it is severable from the rest of the ACA. 

Updated at 2:52 pm.

Welcome to Friday’s Overnight Health Care.

Vice President Mike PenceMichael (Mike) Richard PenceTed Cruz and Joe Scarborough get into Twitter feud over viral video of Pence shared by Kimmel Overnight Health Care: Pence press secretary tests positive for coronavirus | Watchdog recommends ousted vaccine expert be temporarily reinstated | Health care industry loses 1.4 million jobs Pence press secretary Katie Miller tests positive for coronavirus MORE‘s press secretary tested positive for COVID-19, 

An independent government watchdog called for Health and Human Services (HHS) to reinstate Rick Bright, the former director of the Biomedical Advanced Research and Development Authority (BARDA), and the health industry suffered major job losses. 

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Pence press secretary Katie Miller tests positive for coronavirus 

The coronavirus hit a bit closer to home for White House staffers on Friday. 

Vice President Mike Pence’s press secretary Katie Miller tested positive, President TrumpDonald John TrumpGeorge Conway pens op-ed predicting Trump will lose Supreme Court case over tax disclosures Top intel official leaving post Eleven Secret Service agents test positive for COVID-19: report MORE said. Miller was the second person working at the White House to test positive in the past two days. 

Miller is one of Pence’s closest aides and is married to Stephen MillerStephen MillerEleven Secret Service agents test positive for COVID-19: report Overnight Health Care: Pence press secretary tests positive for coronavirus | Watchdog recommends ousted vaccine expert be temporarily reinstated | Health care industry loses 1.4 million jobs Positive coronavirus cases shake White House MORE, one of Trump’s senior advisers.

“She is a wonderful young woman, Katie, she tested very good for a long period of time and then all of a sudden today she tested positive,” Trump told reporters during a roundtable with GOP lawmakers, noting that she is “the press person.”

Trump added that Pence has since tested negative for the coronavirus.

Testing strategy questioned: Miller has since said she is asymptomatic. But she had previously tested negative, and her case was caught after the White House significantly increased the testing of staff from weekly to daily. Meanwhile, Trump has resisted efforts to develop a national strategy to ramp up testing nationwide, and has largely downplayed the significance of frequent tests. Public health experts say the country is nowhere close to conducting enough tests needed before lifting coronavirus-related restrictions. 

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Read more here.

Watchdog recommends ousted vaccine expert be temporarily reinstated: lawyers

A federal watchdog has found “reasonable grounds” to believe that the administration retaliated against a top public health official who says he was ousted after raising alarms about an unverified coronavirus treatment.

Attorneys for Rick Bright, former head of BARDA, said the Office of Special Counsel (OSC) determined that the HHS “violated the Whistleblower Protection Act by removing Dr. Bright from his position because he made protected disclosures in the best interest of the American public.”

What’s next: Likely nothing. Bright’s attorneys said OSC recommended Bright should be reinstated for 45 days while the agency investigates. But the OSC recommendation is not binding. HHS would not comment about whether it would abide by the recommendation. Spokeswoman Caitlin Oakley said the agency “strongly disagrees with the allegations and characterizations in the complaint from Dr. Bright.”

Read more here

NIH launching study into coronavirus impacts on children 

Children have been escaping the worst effects of the coronavirus, but there is no understanding of why that is. Now the National Institutes of Health is trying to find out. 

The National Institutes of Health (NIH) is launching a major study into the coronavirus impacts on children. 

Warning sign: At least some children suffer severe symptoms, and in recent weeks hospitals around the world have described a condition they call pediatric inflammatory multisystem syndrome in dozens or hundreds of children.

Understanding how children contract the disease is also important to understand whether they can pass it on to family members, something experts want to understand as local governments decide whether to reopen schools in the late summer or early fall and how to do so.

Read more here. 

Health care industry decimated by coronavirus, loses 1.4 million jobs

Among the staggering job loss figures: The health care industry lost 1.4 million jobs in April. 

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Overall, the economy lost 20.5 million jobs and the unemployment rate jumped to 14.7 percent. 

The number of people without jobs is shocking, especially for a sector that has historically been largely resilient during recessions. 

The April numbers follow a loss of 43,000 health care jobs in March.

According to figures from the Labor Department, the hardest-hit areas have been outpatient facilities. More than half a million dental office employees alone lost a job in April, as offices shut down due to physical distancing measures. Physicians’ offices lost more than 240,000 jobs. 

Part of the reason: Health facilities across the country paused almost all nonessential services in the last month, shutting off a key source of revenue.

Read more here. 

Key House committee chairmen ask leadership to include coronavirus commission in next relief bill

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The chairmen of two key committees on Friday urged House leadership to include a provision in the next coronavirus relief package that would create an independent bipartisan commission to review the federal government’s handling of the pandemic.

House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffOvernight Health Care: Pence press secretary tests positive for coronavirus | Watchdog recommends ousted vaccine expert be temporarily reinstated | Health care industry loses 1.4 million jobs Grenell announces creation of intelligence community ‘cyber executive’ Key House committee chairmen ask leadership to include coronavirus commission in next relief bill MORE (D-Calif.), Homeland Security Committee Chairman Bennie ThompsonBennie Gordon ThompsonOvernight Health Care: Pence press secretary tests positive for coronavirus | Watchdog recommends ousted vaccine expert be temporarily reinstated | Health care industry loses 1.4 million jobs House lawmakers lead efforts to include IT modernization funds in next stimulus bill Key House committee chairmen ask leadership to include coronavirus commission in next relief bill MORE (D-Miss.) and Rep. Stephanie MurphyStephanie MurphyOvernight Health Care: Pence press secretary tests positive for coronavirus | Watchdog recommends ousted vaccine expert be temporarily reinstated | Health care industry loses 1.4 million jobs It’s time to strengthen protections for government watchdogs in order to protect our taxpayer dollars Lawmakers offer bill to expand employee retention tax credit MORE (D-Fla.), the co-chairwoman of the moderate Blue Dog Coalition, have each introduced their own bills in recent weeks to create a commission dedicated to examining the coronavirus response. Their joint letter to House leadership marked a push to consolidate their individual efforts.

Their proposals would all establish a commission that would include members of both parties to study the government’s preparations for the coronavirus outbreak and make recommendations for how to improve the response to any future pandemics.

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Republicans not sold on new round of relief checks

Senate Republicans are pouring cold water on including another round of stimulus checks in the next coronavirus relief bill. 

The record $2.2 trillion pandemic bill signed into law March 27 mandated one-time payments of $1,200 for people making up to $75,000 a year, but most of the checks have already been distributed.

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The White House and Democrats are signaling support for doing at least one more round of checks. GOP senators, however, say they aren’t sold yet on the need for a second round, and several said they are strongly opposed to the idea. Instead of government money, many have said the restarted economy will be enough.

Key quote: “Well people in hell want ice water too,” said Sen. John KennedyJohn Neely KennedyMORE (R-La.), when asked about another round of checks. “I mean, everybody has an idea and a bill, usually to spend more money. It’s like a Labor Day mattress sale around here.”

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What we’re reading 

‘It’s too early to go back’: Workers fear for their health and finances as states rush to reopen (Washington Post)

Routine vaccinations for U.S. children have plummeted during the COVID-19 pandemic (Stat News)

F.D.A. clears first home saliva test for coronavirus (New York Times) 

State by state

The reopening of California has begun (New York Times)

Gov. Baker says Mass. continues to see signs coronavirus surge is slowing (NBC 10 Boston)

As coronavirus shutdowns sink city budgets, Dallas furloughs almost 500 employees (Texas Tribune)  

President TrumpDonald John TrumpTrump volunteers kept ‘VIP’ list of leads for medical supplies: report Over half of workforce at Tyson plant in Iowa tests positive for coronavirus Trump offers support for those who have lost family due to coronavirus MORE confirmed that Anthony FauciAnthony FauciFauci was model for hero in romance novel by Sally Quinn Trump, officials don’t wear masks on trip to mask-making facility Trump says Fauci, Birx will still be involved in COVID-19 efforts MORE and Deborah Birx will still be involved in the administration’s efforts to combat the coronavirus as the White House winds down its task force to fight the disease.

“They will be, and so will other doctors, and so will other experts in the field,” the president said Tuesday when asked if Fauci and Birx, who both serve on the task force, would continue advising the White House on its COVID-19 efforts. “We are bringing our country back.”

Fauci is the nation’s leading infectious disease expert, while Birx is the head of the White House coronavirus task force. Fauci in particular has garnered heavy praise in the media for his work throughout the crisis.

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Vice President Pence, who oversees the task force, confirmed Tuesday that the White House is exploring winding the panel down. The move comes as most states are preparing to loosen restrictions meant to slow the spread of the virus even as several areas still face rising COVID-19 cases and deaths. 

“I think we’re having conversations about that and about what the proper time is for the task force to complete its work and for the ongoing efforts to take place on an agency-by-agency level,” Pence said at a briefing. “And we’ve already begun to talk about a transition plan with [the Federal Emergency Management Agency].”

“It really is all a reflection of the tremendous progress we’ve made as a country,” he added. 

Pence’s office confirmed that Birx, who was brought in from the State Department, will “continue to review and analyze data and work with the departments in agencies to help that data inform their decision making processes.” 

Members of the task force are expected to return to their respective departments and work on the government’s coronavirus response from there once they disband.

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COVID-19 has infected more than 1.2 million people in the U.S. and killed more than 70,000. Cases have continued to rise across the country, though numbers of cases and deaths have fallen in New York, which has been the epicenter of the U.S. crisis. 

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States have begun to reopen their economies, leading to worries about an increase in cases. 

The White House has shifted its focus to the economy, which has been devastated by the lockdowns used to control the spread of the disease. Trump on Tuesday emphasized the importance of reopening the country even as he said it could lead to new cases.

Food and Drug Administration (FDA) Commissioner Stephen Hahn will be in self-quarantine for the next two weeks after learning that he came in contact with someone who had tested positive for COVID-19, the agency says.

“Per CDC guidelines, he is now in self-quarantine for the next two weeks,” FDA spokeswoman Stephanie Caccomo told The Hill on Saturday. “He immediately took a diagnostic test and tested negative for the virus.”

The agency did not say who the commissioner came in contact with that required the self-quarantine. Politico reported citing administration officials that Hahn had come in contact with Katie Miller, a spokeswoman for Vice President Pence, who tested positive for the virus Friday.

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The FDA commissioner was tested on Friday when he tested negative. The White House will continue to determine who should self-isolate on a case-by-case basis using contract tracing.

“We have put in place the guidelines that our experts have put forward to keep this building safe, which means contact tracing,” press secretary Kayleigh McEnany told reporters at the White House on Friday.

“All of the recommended guidelines we have for businesses that have essential workers, we’re now putting in place here in the White House. So as America reopens safely, the White House is continuing to operate safely,” she added.

 

Miller is a top spokesperson for Pence and is married to White House senior adviser Stephen MillerStephen MillerEleven Secret Service agents test positive for COVID-19: report Overnight Health Care: Pence press secretary tests positive for coronavirus | Watchdog recommends ousted vaccine expert be temporarily reinstated | Health care industry loses 1.4 million jobs Positive coronavirus cases shake White House MORE, who writes many of President TrumpDonald John TrumpGeorge Conway pens op-ed predicting Trump will lose Supreme Court case over tax disclosures Top intel official leaving post Eleven Secret Service agents test positive for COVID-19: report MORE‘s speeches and is often in close proximity with the president and other White House advisers, including Jared KushnerJared Corey Kushner12 things to know for today about coronavirus The Memo: White House pushes back on Kushner critics House panel releases long-awaited transcripts from Russia probe MORE and Ivanka TrumpIvana (Ivanka) Marie TrumpTrump volunteers kept ‘VIP’ list of leads for medical supplies: report Don’t neglect preparing our workers for a post-pandemic economy Insiders describe Kushner as ‘de facto president’ who played key role in delaying coronavirus closures: report MORE.

Hahn is reportedly asymptomatic and is expected to still perform his full duties as FDA commissioner while in self-quarantine.

HAPPY THURSDAY! Welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news. Please send tips and comments to Rebecca Beitsch at rbeitsch@thehill.com. Follow her on Twitter: @rebeccabeitsch. Reach Rachel Frazin at rfrazin@thehill.com or follow her on Twitter: @RachelFrazin.

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YOU’VE GOT MAIL: Nearly a quarter of the Senate signed a letter sent to the White House Thursday asking the president to rebuff requests to lift requirements that oil companies add ethanol to their products.

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The bipartisan letter, signed by a mix of senators from blue states as well as those from the corn belt, comes as five governors from oil-heavy states have pressured the Environmental Protection Agency (EPA) to lift its ethanol requirement.

“Waiving the RFS [Renewable Fuel Standard] would cause further harm to the U.S. economy, especially our most vulnerable rural communities. It would also exacerbate the effects experienced by the biofuel sector as a result of COVID-19, causing far-reaching detrimental impacts on employment, farmers, food security, fuel prices and the environment,” the lawmakers wrote in a letter spearheaded by Sens. Joni ErnstJoni Kay ErnstOVERNIGHT ENERGY: Senators urge White House to keep ethanol requirement | Warren opposes oil industry ‘bailout’ | New group launched to monitor major electric company Senators urge White House to keep ethanol requirements as oil industry struggles The Hill’s Campaign Report: Senate map shows signs of expanding MORE (R-Iowa) and Tina SmithTina Flint SmithOVERNIGHT ENERGY: Senators urge White House to keep ethanol requirement | Warren opposes oil industry ‘bailout’ | New group launched to monitor major electric company Senators urge White House to keep ethanol requirements as oil industry struggles Senate steps into ‘strange’ new era MORE (D-Minn.).

In a letter sent to the EPA earlier in April, the governors from oil-producing states said their refineries should be off the hook from ethanol requirements, arguing the oil industry is in too dire of financial straits to do so. 

“The macroeconomic impacts of COVID-19 have resulted in suppressed international demand for refined products, like motor fuels and diesel,” wrote Texas Gov. Greg Abbott (R), Oklahoma Gov. Kevin Stitt (R), Utah Gov. Gary Herbert (R), Wyoming Gov. Mark Gordon (R) and Louisiana Gov. John Bel Edwards (D).

The White House has repeatedly been caught between ethanol farmers and the oil industry, both of which he considers part of his base.

Read more about the letter here.

 

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Meanwhile…Sen. Elizabeth WarrenElizabeth WarrenBarr says it was ‘duty’ to drop Flynn case: ‘It upheld the rule of law’ OVENIGHT DEFENSE: Navy secretary nominee: Service in ‘rough waters’ after ‘failure of leadership’| Senate fails to override Trump’s Iran war powers veto| Top Armed Services Republican expects to address Pentagon border wall funds in defense policy bill On The Money: 3.2 million more Americans file new jobless claims | Schumer, Pelosi set to unveil ‘Rooseveltian’ relief package | Pelosi pushes back on Trump’s call for capital gains tax cuts MORE (D-Mass.) is fighting against an oil industry ‘bailout’

Warren is pressuring the Treasury Department to nix consideration of any aid to the oil and gas industry as lawmakers set aside funds to battle the economic impact of the coronavirus.

“These companies have contributed to the deterioration of the environment through their emissions, and their lobbying and political expenditure efforts have undermined efforts to identify and address the risks of the climate crisis,” Warren wrote to Treasury Secretary Steven MnuchinSteven Terner MnuchinOVERNIGHT ENERGY: Senators urge White House to keep ethanol requirement | Warren opposes oil industry ‘bailout’ | New group launched to monitor major electric company Warren says oil industry should not receive coronavirus ‘bailout’ Axl Rose, Steven Mnuchin exchange insults in COVID Twitter feud MORE.

“The fossil fuel industry already receives billions of dollars in taxpayer subsidies annually. These companies do not deserve special access to taxpayer-financed bailout funds at a time when millions of Americans are struggling to make ends meet,” she added.

Warren’s letter comes as the Federal Reserve Board expanded the Main Street Lending Program to open the funding to smaller oil companies shortly after receiving requests for such actions from Sen. Ted CruzRafael (Ted) Edward CruzOVERNIGHT ENERGY: Senators urge White House to keep ethanol requirement | Warren opposes oil industry ‘bailout’ | New group launched to monitor major electric company Warren says oil industry should not receive coronavirus ‘bailout’ For the Democratic Party — there’s a chance to win out West MORE (R-Texas) and an industry group for small and mid-sized oil producers. 

Warren is just the latest in a string of Democrats who have pressured the department to keep coronavirus stimulus funds from oil companies.

“Giving that money to the fossil fuel industry will do nothing to stop the spread of the deadly virus or provide relief to those in need. It will only artificially inflate the fossil fuel industry’s balance sheets,” lawmakers wrote in an April letter spearheaded by Sen. Ed MarkeyEdward (Ed) John MarkeyOVERNIGHT ENERGY: Senators urge White House to keep ethanol requirement | Warren opposes oil industry ‘bailout’ | New group launched to monitor major electric company The Hill’s Coronavirus Report: Chef José Andrés says most political leaders today are not acting with urgency; Dems crafting ‘Rooseveltian’ relief package Warren says oil industry should not receive coronavirus ‘bailout’ MORE (D-Mass.) and Rep. Nanette Diaz Barragán (D-Calif.) and signed by more than 40 others. 

The department has been under tremendous pressure from the president and Republicans to do more to save the industry after an uptick in production before global stay-at-home orders sent prices plummeting. What that assistance might be remains unclear.

Read more about her letter here.

 

Ten states and D.C. also want a moratorium on fossil fuel infrastructure approvals…

Ten states and Washington, D.C., are asking the Federal Energy Regulatory Commission (FERC) to postpone its approvals of any new fossil fuel infrastructure including natural gas pipelines amid the coronavirus pandemic. 

In a letter to FERC Chairman Neil ChatterjeeIndranil (Neil) ChatterjeeOVERNIGHT ENERGY: Senators urge White House to keep ethanol requirement | Warren opposes oil industry ‘bailout’ | New group launched to monitor major electric company 10 states ask energy regulators to postpone pipeline approvals amid pandemic OVERNIGHT ENERGY: EPA’s independent science board says ‘secret science’ proposal may ‘reduce scientific integrity’ | Court blocks funding to corporations vying for tribal stimulus | House probe: Energy regulators almost always side with gas pipelines MORE on Thursday, attorneys general from the states and district argued that waiting to approve new and pending infrastructure is necessary to preserve the due process rights of those who might be affected. 

“The COVID-19 pandemic has imposed even greater burdens on communities attempting to organize their interests and participate in Commission proceedings,” they wrote.  

“The Commission should account for the unprecedented hardships the pandemic has imposed on citizens and postpone any approvals of permanent gas infrastructure until those affected by its decisions can once again focus on these matters,” they added. 

Chatterjee said in a statement to The Hill that “we will be responding in due course” to the correspondence. 

It follows a similar ask last month from nearly 30 House Democrats, who argued that a pause was necessary “to protect the public health, our environment, and the American people’s confidence in the integrity of governmental administrative and legal proceedings.”

In a statement at the time, Chatterjee said that the country’s infrastructure should try to be prepared for a return to normalcy.

Read more about the correspondence here.

 

SPOOKED BY DUKE? A group devoted to monitoring major electric company Duke Energy has been launched following a recent announcement that the company plans to shift away from using some fossil fuels.

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The new group, called the Duke Energy Accountability Coalition, says it will fact-check documents released by the company and highlight customer concerns. 

“The coalition will work to improve Duke Energy’s greenhouse gas emission reductions, transition from fossil fuels to renewables, ratepayer affordability and equity, coal ash cleanup and health impacts, influence spending and more,” the coalition said in a statement.

The organization is comprised of green groups including the Environmental Working Group and Friends of the Earth. 

“For too long, Duke Energy has been able to call the shots that lock consumers into rates that are too high and energy sources that are too dirty,” Donna Chavis, a senior fossil fuels campaigner with Friends of the Earth, said in a statement. 

Duke Energy is the electric provider for 7.7 million customers in six states. It criticized the group’s formation in a statement to The Hill. 

“The more progress we make, the more extreme the activist community becomes,” the company said. “The people and organizations who fund these groups should ask themselves if they want to be associated with this kind of cynical stunt.”

Late last month, the company laid out plans detailing its goal of reaching net-zero carbon emissions by 2050. The goal includes shifting away from usage of some fossil fuels, particularly coal and increasing its use of renewables. 

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Read more about the new group here.

 

OUTSIDE THE BELTWAY:

ProPublica examines How Climate Change Is Contributing to Skyrocketing Rates of Infectious Disease

Supercharged by climate change, ‘megadrought’ points to drier future in the West, The Arizona Republic reports

In oil shock Texas banks face test, The Houston Chronicle reports

Coronavirus Makes Cooling Centers Risky, Just as Scorching Weather Hits, The New York Times reports

Wildfires burning Florida’s Panhandle, and Miami, Broward and Keys all under warning, the Miami Herald reports

ICYMI: Stories from Thursday…

10 states ask energy regulators to postpone pipeline approvals amid pandemic

Warren says oil industry should not receive coronavirus ‘bailout’

Senators urge White House to keep ethanol requirements as oil industry struggles

New group positions itself as watchdog over major electric company

Google said Friday it has asked its workers to take off on May 22 in an attempt to address burnout from the coronavirus pandemic.

Google CEO Sundar Pichai announced the move in a memo to employees, as first reported by CNBC.

The tech giant also said in June it would begin reopening more offices that have been closed, but that many of its employees will have the option of working from home for the rest of the year.

Google also announced it will display a public service announcement with tips to cope with stress whenever people search for information about coping with the coronavirus. That PSA will also be highlighted on Google’s homepage Saturday.

The company, which owns YouTube, will also be making videos on mindfulness and wellbeing more widely available.

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