MSNBC's Brian Williams: Bloomberg 'not having the night he thought he paid for'

MSNBC’s Brian Williams said Tuesday that Democratic presidential candidate Mike Bloomberg was not having the “night he thought he paid for,” as results from Super Tuesday rolled in. 

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Williams, speaking as the network aired portions of Bloomberg’s Florida rally, said it’s “fair to say he [Bloomberg] is not having the night he thought he paid for, not having the night he was hoping for.” 

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Most of the races across the country had yet to be called, and in some states in the West polls were still open during Williams’s broadcast. 

Tuesday marked Bloomberg’s ballot box debut in the Democratic nomination contest. The billionaire candidate outspent his rivals on ad buys in markets across the country in his bid for the nomination. 

Bloomberg, the former mayor of New York City, is self-funding his campaign. 

As of 9 p.m. ET, Bloomberg had only been projected to win one race: American Samoa. The U.S territory has six pledged delegates to award. Hawaii Rep. Tulsi GabbardTulsi GabbardGabbard drops defamation lawsuit against Clinton It’s as if a Trump operative infiltrated the Democratic primary process 125 lawmakers urge Trump administration to support National Guard troops amid pandemic MORE’s (D) campaign said it was informed that she would win two of the six. 

Biden pledges to reinstate Obama-era protections in LGBTQ plan

Former Vice President Joe BidenJoe BidenHillicon Valley: Biden calls on Facebook to change political speech rules | Dems demand hearings after Georgia election chaos | Microsoft stops selling facial recognition tech to police Trump finalizing executive order calling on police to use ‘force with compassion’ The Hill’s Campaign Report: Biden campaign goes on offensive against Facebook MORE pledged to reinstate Obama-era LGBTQ protections in his equality plan released Thursday. 

“Hate and discrimination against LGBTQ+ people started long before [President] Trump and [Vice President Mike] Pence took office. Defeating them will not solve the problem, but it is an essential first step in order to resume our march toward equality,” the Biden campaign said in the plan. 

Biden’s proposal calls for undoing several actions Trump has taken in his first term in office, including Trump’s ban on allowing transgender individuals from serving openly in the military. Biden’s campaign called the policy “discriminatory and detrimental to our national security.” 

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Biden also pledged to ensure federally funded homeless shelters provide housing to individuals according to their gender identity. 

Biden promised to enact the Equality Act during his first 100 days in office and ensure “immediate and full enforcement” of the act across all federal departments and agencies. 

The plan would also protect LGBTQ individuals from employment discrimination by reaffirming that the Civil Rights Act prohibits employment discrimination based on sexual orientation and gender identity and by ending employment discrimination in the federal government. 

Biden’s release of his LGBTQ plan comes as he enters what’s becoming a two-person race, with him and Sen. Bernie SandersBernie SandersThe Hill’s 12:30 Report: Milley apologizes for church photo-op Harris grapples with defund the police movement amid veep talk Biden courts younger voters — who have been a weakness MORE (I-Vt.). Biden has a slight lead in delegates after Super Tuesday wins. 

Biden was boosted in Super Tuesday races after moderate candidates Sen. Amy KlobucharAmy KlobucharHillicon Valley: Biden calls on Facebook to change political speech rules | Dems demand hearings after Georgia election chaos | Microsoft stops selling facial recognition tech to police Democrats demand Republican leaders examine election challenges after Georgia voting chaos Harris grapples with defund the police movement amid veep talk MORE (D-Minn.) and former South Bend, Ind., Mayor Pete ButtigiegPete ButtigiegScaled-back Pride Month poses challenges for fundraising, outreach Biden hopes to pick VP by Aug. 1 It’s as if a Trump operative infiltrated the Democratic primary process MORE dropped out and endorsed him. 

Sen. Elizabeth WarrenElizabeth WarrenWarren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases OVERNIGHT DEFENSE: Joint Chiefs chairman says he regrets participating in Trump photo-op | GOP senators back Joint Chiefs chairman who voiced regret over Trump photo-op | Senate panel approves 0B defense policy bill Trump on collision course with Congress over bases with Confederate names MORE (D-Mass.), one of the most progressive elected Democrats, dropped out of the race Thursday after disappointing finishes in early primary states. Warren said she will not immediately endorse a candidate.

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Andrew Yang endorses Biden in 2020 race

Andrew YangAndrew YangGeorge Floyd protests show corporations must support racial and economic equality Andrew Yang discusses his universal basic income pilot program Andrew Yang on the George Floyd protests in Minneapolis MORE has endorsed Joe BidenJoe BidenHillicon Valley: Biden calls on Facebook to change political speech rules | Dems demand hearings after Georgia election chaos | Microsoft stops selling facial recognition tech to police Trump finalizing executive order calling on police to use ‘force with compassion’ The Hill’s Campaign Report: Biden campaign goes on offensive against Facebook MORE, becoming the latest former 2020 Democratic presidential candidate to throw their support behind Biden’s White House bid.

Yang announced his endorsement on CNN on Tuesday night, just one day after Sen. Cory BookerCory Anthony BookerRand Paul introduces bill to end no-knock warrants Black lawmakers unveil bill to remove Confederate statues from Capitol Harris grapples with defund the police movement amid veep talk MORE (D-N.J.) endorsed the former vice president.

“The math says Joe is our prohibitive nominee. We need to bring the party together. We need to start working on defeating Donald TrumpDonald John TrumpSenate advances public lands bill in late-night vote Warren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Esper orders ‘After Action Review’ of National Guard’s role in protests MORE in the fall,” Yang said.

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The tech entrepreneur, who joined CNN as a political commentator last month, announced his endorsement after Biden won several states on Tuesday, including the top prize of Michigan.

Yang’s endorsement makes him one of a growing list of former 2020 rivals to endorse the former vice president in the primary race – including Booker, Sen. Kamala HarrisKamala Devi HarrisRand Paul introduces bill to end no-knock warrants The Hill’s Campaign Report: Biden campaign goes on offensive against Facebook McEnany says Juneteenth is a very ‘meaningful’ day to Trump MORE (D-Calif.), Sen. Amy KlobucharAmy KlobucharHillicon Valley: Biden calls on Facebook to change political speech rules | Dems demand hearings after Georgia election chaos | Microsoft stops selling facial recognition tech to police Democrats demand Republican leaders examine election challenges after Georgia voting chaos Harris grapples with defund the police movement amid veep talk MORE (D-Minn.), former South Ben, Ind. Mayor Pete ButtigiegPete ButtigiegScaled-back Pride Month poses challenges for fundraising, outreach Biden hopes to pick VP by Aug. 1 It’s as if a Trump operative infiltrated the Democratic primary process MORE (D), former Rep. Beto O’Rourke (D-Texas) and former Massachusetts Gov. Deval PatrickDeval PatrickIt’s as if a Trump operative infiltrated the Democratic primary process Top Democratic super PACs team up to boost Biden Andrew Yang endorses Biden in 2020 race MORE (D).

Though Sen. Elizabeth WarrenElizabeth WarrenWarren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases OVERNIGHT DEFENSE: Joint Chiefs chairman says he regrets participating in Trump photo-op | GOP senators back Joint Chiefs chairman who voiced regret over Trump photo-op | Senate panel approves 0B defense policy bill Trump on collision course with Congress over bases with Confederate names MORE (D-Mass.) has faced calls to endorse Sanders, a fellow progressive, following her exit from the race last week after Super Tuesday, she declined to make an immediate endorsement.

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“Let’s take a deep breath and spend a little time on that. We don’t have to decide that this minute,” Warren said last week.

Still, 50 former campaign staffers for Warren announced their support for Sanders in an open letter on Tuesday, calling him the “best option for Warren Democrats right now” as polls opened across six states.

New York City Mayor Bill de BlasioBill de BlasioProtesters splash red paint on NYC streets to symbolize blood De Blasio: Robert E Lee’s ‘name should be taken off everything in America, period’ House Democratic whip pushes back on calls to defund police: We need to focus on reform MORE (D), a former 2020 presidential candidate who also has endorsed Sanders in the primary race, has also called on Warren to do the same, saying Sanders would have “already endorsed” Warren if the roles were reversed.

“I deeply respect @ewarren. Our nation + our party is better + more progressive because of her leadership. Now our progressive movement needs her more than ever,” de Blasio tweeted last week. “Senator, if the shoe were on the other foot @BernieSanders would have already endorsed you. We have.”

Rep. Kennedy uses campaign email list to raise money to combat coronavirus

Rep. Joe KennedyJoseph (Joe) Patrick KennedyMassachusetts Rep. Joe Kennedy says Patriots ‘should sign’ Kaepernick Markey touts past praise from Kennedy: ‘He does an incredible job’ Progressive Caucus co-chair endorses Kennedy in Massachusetts Senate primary MORE (D-Mass.) will use the email list for his Senate campaign to raise funds to help those impacted by the coronavirus outbreak, according to an email sent to his supporters on Monday. 

The email included a list of organizations in Massachusetts and at the national level, to which individuals can donate, such as Meals on Wheels, the United Way Central Mass, and United Way Mass Bay. 

“Donate to the frontline organizations doing the hard work of protecting the most vulnerable in the face of this crisis,” Kennedy said in an email to supporters.

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The move comes after Kennedy’s campaign announced last week he was suspending his campaign activities for at least a week, and would instead focus his digital resources to relaying information to the public on the coronavirus. 

Kennedy held a virtual town hall on Sunday, in which he and Massachusetts State Rep. Jon Santiago (D), who is also a physician, took questions on the issue. 

The congressman’s primary opponent, Sen. Ed MarkeyEdward (Ed) John MarkeyEngel scrambles to fend off primary challenge from left Markey touts past praise from Kennedy: ‘He does an incredible job’ Progressive Caucus co-chair endorses Kennedy in Massachusetts Senate primary MORE (D-Mass.), has also put a focus on combatting the virus. 

“My campaign is committed to building, supporting, and strengthening connections to help people continue to feel a sense of community during this crisis,” Markey said in a statement. “We are providing maximum accommodation for staff, volunteers, and supporters to take care of themselves, their families, and their loved ones as we have since the coronavirus became apparent. We face a new reality, and the campaign will continue to operate because an engaged democracy is important.” Additionally, Markey said in a press conference that the U.S. was at war with the virus, pushing for increased manufacturing for medical equipment.  “We are at war with coronavirus and we need a mass, wartime manufacturing mobilization for coronavirus in order to make the testing kits and the personal protective equipment for medical personnel,” Markey said at a press conference.  The senator has pushed the Trump administration to use the Defense Production Act to launch wartime manufacturing for medical equipment and the development of coronavirus tests.  As of Monday, there were 197 confirmed cases of coronavirus in Massachusetts. 

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The Hill's Campaign Report: Debate over mail-in voting heats up

Welcome to The Hill’s Campaign Report, your daily rundown on all the latest news in the 2020 presidential, Senate and House races. Did someone forward this to you? Click here to subscribe.

We’re Julia Manchester, Max Greenwood and Jonathan Easley. Here’s what we’re watching today on the campaign trail. 

 

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LEADING THE DAY:  

Republican Maryland Gov. Larry Hogan ordered that most voting in the state’s June 2nd primary be done by mail due to the coronavirus pandemic, with only some in-person polling places for voters who cannot vote by mail.

The development comes after President TrumpDonald John TrumpSenate advances public lands bill in late-night vote Warren, Democrats urge Trump to back down from veto threat over changing Confederate-named bases Esper orders ‘After Action Review’ of National Guard’s role in protests MORE claimed earlier this week that mail-in-voting poses a “tremendous potential for fraud,” along with a major disadvantage to the GOP. Trump was asked about the measure after Wisconsin held its primary despite the ongoing crisis. 

Trump’s claim has raised questions as to how widespread voter fraud actually is. Voting rights and election experts say that mail-in-voting is more susceptible to fraud than in-person voting, but that voter fraud is rare, and any potential risks can be prevented if the proper precautions are taken. 

“Where we see fraud, we tend to see it in absentee voting,” said Lonna Atkeson, a political science professor at the University of New Mexico, pointing to the 2018 election in North Carolina’s 9th congressional district. In that election, a contractor working for Republican candidate Mark HarrisMark HarrisTrump sparks debate over merits of voting by mail The Hill’s Campaign Report: Debate over mail-in voting heats up Bevin says he lost because liberals are ‘good at harvesting votes’ in urban areas MORE was charged with elections fraud in connection to an absentee ballot collection scheme.

State officials later overturned the results of that election and called a special election. 

Experts have recommended a number of efforts to prevent fraud, including holding mock elections. 

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“Let’s pretend, we got these ballots in the mail. Let’s scan them? How long does it take to scan a ballot? What is our error defect rate?” said Theresa Payton, CEO of Fortalice Solutions and author of the forthcoming book “Manipulated: Inside the Cyberwar to Hijack Elections and Distort the Truth.” “How we will audit an all absentee ballot, or maybe as high as 40-percent-absentee-ballot election because they’re not used to that yet.”

Democratic lawmakers, led by Sens. Amy KlobucharAmy KlobucharHillicon Valley: Biden calls on Facebook to change political speech rules | Dems demand hearings after Georgia election chaos | Microsoft stops selling facial recognition tech to police Democrats demand Republican leaders examine election challenges after Georgia voting chaos Harris grapples with defund the police movement amid veep talk MORE (Minn.) and Ron WydenRonald (Ron) Lee WydenNursing homes under scrutiny after warnings of seized stimulus checks Hillicon Valley: Senators raise concerns over government surveillance of protests | Amazon pauses police use of its facial recognition tech | FBI warns hackers are targeting mobile banking apps Democratic senators raise concerns over government surveillance of protests MORE (Ore.), called on the federal government to send at least $1.6 billion to the states as part of the next coronavirus spending package and for Congress to impose requirements to ensure states permit vote-by-mail.

However, it is not yet clear whether GOP lawmakers will back the move. Republicans have continued to voice skepticism about vote-by-mail measures.

Don’t expect this issue to go away if the pandemic continues into the summer and early fall. The more the crisis cuts into the fall, the more likely we will hear calls for expanded mail-in-voting for the general election in November. 

 

FROM THE TRAIL:

 

Biden is facing an uphill battle in unifying the progressive and moderate wings of the Democratic Party as Americans deal with the coronavirus crisis, The Hill’s Julia Manchester and Max Greenwood report. Sen. Bernie SandersBernie SandersThe Hill’s 12:30 Report: Milley apologizes for church photo-op Harris grapples with defund the police movement amid veep talk Biden courts younger voters — who have been a weakness MORE’s (I-Vt.) exit from the race on Wednesday left Biden as the presumptive Democratic presidential nominee. However, Sanders is not going quietly, pledging to stay on the ballot in the remaining primaries to amass enough delegates to inflict pressure on the Democratic establishment to adopt progressive ideas, like “Medicare for All.” Biden, in turn, will have to contend with pushing his own centrist agenda while uniting a fractured party on a virtual basis for the time being.

 

An ad released by the Trump campaign on Friday was met with anger from Democrats, who accused the campaign of singling out former Washington Gov. Gary Locke (D) because of his ethnicity, The Hill’s Jonathan Easley reports. The ad was intended to cast Biden as soft on China, but it also features Locke, who is Chinese American, standing next to a Chinese flag. Democrats said the image is indistinguishable from the other images of Chinese officials and was included either because Locke looks Chinese or in an effort to stoke suspicion around him because of his ethnicity.

 

Stacey Abrams, the 2018 Democratic nominee for Georgia governor, said on Thursday that she would be “honored” to be tapped as Biden’s running mate, The Hill’s Justine Coleman reports. “I would be honored to be on the campaign trail as a running mate,” she said on the podcast “Pod Save America.” “But that is a process that you can’t campaign for, and I’m not campaigning for. I’m just being straight-forward.” Biden has already committed to choosing a woman as his running mate, though some in the party have urged him to choose a woman of color.

 

PERSPECTIVES:

Tim Alberta: ‘The woman in Michigan’ goes national

Thomas Frank: How the anti-populists stopped Sanders

Andrew Sullivan: It’s time to break up with China

Garrett Epps: Supreme Court’s Wisconsin decision was reckless partisanship

 

FROM CONGRESS & THE STATES:

With some policymakers scrambling to expand alternatives to in-person voting amid the coronavirus pandemic, legal experts say that a new round of court fights could be on the horizon, The Hill’s John Kruzel reports.

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MONEY WATCH:

The Republican National Committee (RNC) is spending upwards of $1 million on a digital ad blitz praising Trump’s response to the coronavirus outbreak, Max reports. Trump has faced an onslaught of negative advertising from liberal groups in recent weeks, and the new investment from the RNC is intended to push back against the narrative that the president initially downplayed the pandemic and was slow to respond as the disease spread.

 

POLL WATCH:

 

FOX NEWS – NATIONAL

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Biden: 42 percent

Trump: 42 percent

 

MARK YOUR CALENDARS:

(Keep in mind these dates could change because of the outbreak.)

April 10:

Alaska

 

April 17:

Wyoming

 

April 26:

Puerto Rico Democratic primary

 

April 28:

Ohio

 

ONE HOPEFUL THING

HAPPY EASTER: We’re in the midst of a global pandemic, but that’s not stopping folks across the world from taking part in Easter celebrations. 

One doctor in South Carolina, who has been working tirelessly on the frontlines, dressed up as the Easter Bunny to bring some joy to kids from their front lawns and doorsteps. 

 

 

Meanwhile, others are still taking part in traditions, like coloring Easter eggs

 

 

One thing is for certain though, Easter egg hunts will not be the same this year.

 

 

Whether you’re celebrating Easter or Passover, we hope you and your loved ones have a great weekend. 

We’ll see you next week with all of the latest campaign news! 

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DOJ charges former Uber executive with attempting to conceal 2016 hack

The Justice Department (DOJ) has filed charges against Uber’s former security chief for allegedly attempting to conceal a 2016 hack that exposed the email addresses and phone numbers of 57 million drivers and passengers.

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Prosecutors accuse Joseph Sullivan, who was Uber’s chief security officer from April 2015-November 2017, of not disclosing the 2016 hacking incident to federal investigators who were looking into another data breach that had occurred two years earlier.

In 2016 hackers obtained access to Uber’s user data and asked for a six-figure ransom. Sullivan and other Uber executives allegedly negotiated a $100,000 bitcoin payment in December 2016 and asked the hackers to sign nondisclosure agreements.

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The complaint claims Sullivan took deliberate steps to conceal, deflect and mislead the Federal Trade Commission (FTC) about the breach while they were investigating the earlier data breach. He allegedly lied to prosecutors and other top Uber employees tasked with communicating with the FTC as well. 

“Silicon Valley is not the Wild West,” said U.S. Attorney David Anderson in a statement. “We expect good corporate citizenship. We expect prompt reporting of criminal conduct. We expect cooperation with our investigations. We will not tolerate corporate cover-ups. We will not tolerate illegal hush money payments.”

If found guilty, Sullivan faces up to eight years in prison, as well as potential fines of up to $500,000.

In a statement to The Hill, Sullivan’s attorney, Bradford Williams, denied any wrongdoing.

“From the outset, Mr. Sullivan and his team collaborated closely with legal, communications and other relevant teams at Uber, in accordance with the company’s written policies,” Williams said. “Those policies made clear that Uber’s legal department — and not Mr. Sullivan or his group — was responsible for deciding whether, and to whom, the matter should be disclosed.”

Uber sought to handle the issue through a so-called bug bounty program, in which a third-party intermediary arranges payment to hackers who point out security issues but have not actually compromised data.

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The ride-share company did not disclose the breach until November 2017 while under new management. Dara Khosrowshahi, Uber’s current chief, ousted Sullivan and Uber’s legal director of security and law enforcement, Craig Clark.

Uber settled with the FTC and agreed to audits of its privacy and security systems every two years for the next two decades. The company also paid $148 million penalty to settle lawsuits brought by all 50 states and the District of Columbia.

In October, Brandon Glover, a Florida resident, and Vasile Mereacre, a Canadian national, pleaded guilty to the hack.

Trump administration cracks down further against Huawei chip production, affiliate groups

The Commerce Department’s Bureau of Industry and Security on Monday announced further steps to push back against Chinese telecommunications company Huawei and blacklisted 38 Huawei affiliate groups.

The moves on Monday expanded a previous decision by the Commerce Department in May to restrict Huawei’s ability to use American software and technology to manufacture semiconductors or chips.

The new announcement is intended to limit Huawei’s access to chips by restricting its ability to purchase chips created by a foreign company with the use of American software or technology. 

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In addition, 38 Huawei affiliate groups were all added to the Commerce Department’s “entity list” on Monday, with U.S. companies banned from doing business with groups on the list. 

Huawei was added to the entity list last year, though the full addition had been delayed several times by a temporary general license that expired last week, with the delay intended to help rural telecom groups that had previously relied on Huawei equipment.

The Commerce Department announced Monday that the license would not be extended any further, but created an exception for users sending information on cybersecurity vulnerabilities in Huawei equipment to the Chinese group. 

The 38 Huawei affiliate companies added to the entity list are based in 21 countries, including Huawei Cloud groups in France, Peru, Argentina, Chile, the Netherlands, Russia and Singapore. 

Secretary of Commerce Wilbur RossWilbur Louis RossBipartisan senators ask congressional leadership to extend census deadline NOAA hurricane forecast predicts record number of storms in 2020 33K laptops meant for Alabama distance learning are stuck in customs, could be held until October MORE said in a statement Monday that “Huawei and its foreign affiliates have extended their efforts to obtain advanced semiconductors developed or produced from U.S. software and technology in order to fulfill the policy objectives of the Chinese Communist Party.”

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“As we have restricted its access to U.S. technology, Huawei and its affiliates have worked through third parties to harness U.S. technology in a manner that undermines U.S. national security and foreign policy interests,” Ross added. “This multi-pronged action demonstrates our continuing commitment to impede Huawei’s ability to do so.”

A spokesperson for Huawei did not immediately have a comment on the Commerce Department announcement. The company is one of the largest 5G telecommunications equipment groups in the world and has consistently pushed back against concerns that it could pose an espionage or national security threat. 

President TrumpDonald John TrumpBiden’s lead over Trump narrows in new national poll Biden faces hurdles in bid to mend ties with US allies Cheney calls pardoning Snowden ‘unconscionable’ after Trump says he’s considering it MORE said during a phone interview with “Fox & Friends” on Monday that Huawei was able to “spy on us” through the use of their equipment in telecommunications systems, describing the company as “a disaster.”

“They used to have free reign over our country,” Trump said. “They knew everything we were doing. Huawei is really, I call it the ‘Spy-wei.’ What happens is Huawei comes out and they spy on our country. This is very intricate stuff. You have microchips, you have things that you can’t even see. They spy.”

Trump pointed to recent reversals by the United Kingdom on using Huawei equipment in sensitive networks, with the United Kingdom moving to rip out and replace Huawei equipment from its 5G networks by 2027. France announced last month it would advise its telecommunications operators to avoid using Huawei equipment, but skirted an outright ban on the company.  

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“With the U.K., we said, we love Scotland Yard very much but we’re not going to do business with you because if you use the Huawei system, that means they’re spying on you, that would mean they’re spying on us,” Trump said. “And I’ve gotten just about every country to drop it.” 

Secretary of State Mike PompeoMichael (Mike) Richard PompeoNational security adviser: White House ‘hopeful’ more nations will follow UAE on Israel Pressure builds on US to respond to brutal crackdown in Belarus Graham: UN Security Council rejection of Iran arms embargo extension a ‘major mistake’ MORE applauded the further actions to limit Huawei, describing the company in a statement as an “arm of the Chinese Communist Party’s surveillance state.”

“We will not tolerate efforts by the CCP to undermine the privacy of our citizens, our businesses’ intellectual property, or the integrity of next-generation networks worldwide,” Pompeo said. 

White House trade adviser Peter Navarro tied the moves against Huawei on Monday to overall tensions between the U.S. and China over the COVID-19 crisis and past Chinese intellectual property theft. 

“In America, down to the general public, we’re all China hawks now, and for good reason,” Navarro said during an appearance on CNBC’s “Squawk Box.” “In the middle of this last decade, they stole all our jobs using things like massive subsidies, intellectual property theft, hacking our computers.”

He added that “now what they have done to us is basically infect this country with a deadly China virus that’s killed over 160,000 Americans, cost us trillions of dollars of our wealth, and really created some headwind, so we are all China hawks now.”

The new moves Monday come after multiple other actions against Huawei over the past year.

The Federal Communications Commission (FCC) formally designated Huawei and Chinese telecom group ZTE as national security threats, blocking use of FCC funds to purchase equipment from the groups, while President Trump signed into law legislation in March that bans the use of federal funds to purchase equipment from telecom companies deemed a threat, such as Huawei.  

The moves against Huawei come as the Trump administration has increasingly cracked down on Chinese groups in the United States. Trump issued an executive order last week ordering Chinese group ByteDance to divest itself of U.S. stakes of popular social media app TikTok within 90 days, making similar moves in regards to the Chinese owner of WeChat. 

Overnight Energy: Michigan agrees to $600M Flint settlement | Sierra Club knocks DNC over dropped fossil fuel subsidies language

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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MARK YOUR CALENDARS: ENERGY & NATIONAL SECURITY VIRTUAL EVENT — MONDAY, AUGUST 24TH AT 1PM EDT

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Today, the United States is the world’s leading oil and natural gas producer. The transition, from an importer of oil to that of a net exporter has pushed the country toward energy independence. A position that not only has the capacity to power economic growth but can also play a key role in strengthening national security. On the sidelines of the 2020 Republican Convention, The Hill will host a discussion with Rep. Bill FloresWilliam (Bill) Hose FloresOvernight Energy: Michigan agrees to 0M Flint settlement | Sierra Club knocks DNC over dropped fossil fuel subsidies language Pete Sessions wins GOP runoff in comeback bid The Hill’s Campaign Report: Key races take shape in Alabama, Texas, Maine MORE (R-TX) and energy experts about the strategic importance of America’s energy independence. RSVP today!

A SETTLEMENT FOR FLINT: The state of Michigan has reached a preliminary $600 million agreement with Flint residents after lead levels in their drinking water spiked following a switch in water sources.

Nearly 80 percent of the funds will be given to children in Flint, the majority being routed to those under 6 at first exposure — the highest risk group for the damaging effects of lead poisoning. Another nearly 20 percent will go to the city’s adult residents.

The agreement, one of many legal battles fought by residents since lead-tainted water began flowing through their pipes in 2014, follows 18 months of negotiations.

“The residents of Flint were victims of horrendous decisions by the state, its employees, and other defendants that have resulted in tragic and devastating consequences,” Ted Leopold, one of the court-appointed interim co-lead counsels for city residents, said in a statement.

“This public health disaster was the product of a complete disregard for the health and well-being of ordinary citizens. While we can never undo the damage that occurred to the citizens and community of Flint, we are pleased that today we were able to secure a measure of justice for the proposed class and the Flint community, and will continue to seek justice against the remaining defendants.”

Michigan Gov. Gretchen WhitmerGretchen WhitmerOn the Trail: Joe Biden, party man Overnight Energy: Michigan agrees to 0M Flint settlement | Sierra Club knocks DNC over dropped fossil fuel subsidies language Michigan agrees to 0M settlement with Flint residents MORE (D) acknowledged that the settlement “may not completely provide all that Flint needs.”

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“Many will still feel justifiable frustration with a system and structure that at times is not adequate to fully address what has happened to people in Flint over the last six years. We hear and respect those voices and understand that healing Flint will take a long time, but our ongoing efforts and today’s settlement announcement are important steps in helping all of us move forward,” she said in a statement.

Flint residents began complaining about water quality issues shortly after the city switched its water source in April 2014, but city and state officials denied any problems until studies from Virginia Tech University researchers and Hurley Medical Center in Flint showed high lead levels in both water and children’s blood. Lead exposure has been tied to brain damage.

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Criminal and civil cases have accused Michigan and Flint officials of being responsible for the crisis, but broader suits against other officials and agencies have been slowly proceeding.

The new settlement, which still must be approved by the court, is open to any Flint resident who consumed the tainted water for at least 21 days of the month any time after April of 2014. There were roughly 100,000 city residents during the time of exposure, including about 30,000 minors.

“Because the amount to be paid to each claimant will in part depend upon how many filed claims are verified, the precise amount to be paid to each claimant will not be known until the claims process is completed,” a summary of the settlement said, noting that those who can show they had elevated blood lead levels may receive larger payments. 

Residents who accept compensation will waive their right to sue the state, its agencies and current and former employees, but residents may also opt out if they prefer to pursue their own litigation.

The settlement includes special set asides, including $12 million for the city’s schools to provide extra assistance for students struggling after lead exposure.

It also sets aside $35 million in a trust for children whose parents don’t apply for the settlement now to do so on their own behalf once they reach adulthood.

“We’re very proud of that feature and it’s going to be very beneficial to many of the children,” Michael Pitt, another one of the plaintiff’s lawyers, said on a call with reporters.

Read more about the settlement here. 

DNC FACES PUSHBACK ON FOSSIL SUBSIDIES: The Sierra Club, one of the country’s most prominent environmental groups, is pushing back against the Democratic National Committee for dropping language from its platform that would have called for eliminating fossil fuel subsidies. 

“We demand that the Democratic National Committee (DNC) immediately reinstate the language … calling for the end of tax breaks and subsidies for fossil fuel companies,” the green group’s president and vice president said in a letter to DNC Chair Tom PerezThomas Edward PerezClinton’s top five vice presidential picks Government social programs: Triumph of hope over evidence Labor’s ‘wasteful spending and mismanagement” at Workers’ Comp MORE.

“Instead of reassuring the American people that the Democratic Party is committed to putting public health over corporate polluters, the DNC has quietly endorsed [President] Trump’s recklessness,” they added. 

HuffPost had reported this week that party officials added an amendment to the platform in July saying that “Democrats support eliminating tax breaks and subsidies for fossil fuels, and will fight to defend and extend tax incentives for energy efficiency and clean energy.” 

However, that language does not appear in the final version of the party’s platform. 

A DNC spokesperson told The Hill that the amendment was incorrectly included in a group of provisions during the platform’s development.

The Biden and Sanders campaigns and the amendment’s submitters agreed to withdraw it, the spokesperson said. 

However, the amendment’s sponsor, John Laesch, pushed back on that assertion, telling Politico that he gave “no consent” to remove the approved language. 

Democratic presidential nominee Joe BidenJoe BidenFive takeaways from the Democratic National Convention What we’ll remember from the 2020 Biden convention Chris Wallace labels Biden’s acceptance speech ‘enormously effective’ MORE has said he wants to eliminate fossil fuel subsidies.

Read more on the pushback the DNC is receiving here. 

CLIMATE AT THE CONVENTION:

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New Mexico Gov. Michelle Lujan GrishamMichelle Lynn Lujan GrishamOvernight Energy: Michigan agrees to 0M Flint settlement | Sierra Club knocks DNC over dropped fossil fuel subsidies language The Hill’s Morning Report – Obama paints Trump as incapable leader; Harris accepts VP nod Overnight Energy: Lawyers question public lands chief move leaving himself in power | DNC removes measure calling for end of fossil fuel subsidies from platform | Louisiana aims for net-zero emissions by 2050 MORE (D) made an environmental case for electing Joe Biden during the Democratic National Convention on Wednesday night. 

“We have the chance this November to end two crises: the Trump presidency and the environmental annihilation he represents,” she said.

“We have the chance this November to attack the climate crisis, invest in green 21st century jobs and embrace the clean energy revolution our country, our young people are crying out for and the leadership the rest of the world is waiting for,” Lujan Grisham added. 

The party’s climate segment also featured activists and an electrical union worker endorsing Biden on climate and clean energy. 

And other speakers, like the party’s 2016 nominee Hillary ClintonHillary Diane Rodham ClintonFive takeaways from the Democratic National Convention What we’ll remember from the 2020 Biden convention Overnight Energy: Michigan agrees to 0M Flint settlement | Sierra Club knocks DNC over dropped fossil fuel subsidies language MORE, also gave Biden climate nods. 

“Let’s vote for the jobs that Joe’s plan will create, clean energy jobs to fight climate change,” Clinton said.

PENDLEY LITIGATION UPDATE: The office of Montana Gov. Steve BullockSteve BullockOvernight Energy: Michigan agrees to 0M Flint settlement | Sierra Club knocks DNC over dropped fossil fuel subsidies language Montana Supreme Court, federal court rule against GOP-backed effort to qualify Green Party candidates Overnight Energy: Lawyers question public lands chief move leaving himself in power | DNC removes measure calling for end of fossil fuel subsidies from platform | Louisiana aims for net-zero emissions by 2050 MORE (D), who has challenged the continued tenure of William Perry Pendley as the head of the Bureau of Land Management (BLM) without Senate confirmation, on Thursday asked the court for an expedited review of the case. 

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His office argued in court that Pendley’s “continued service has and continues to cause the State of Montana ongoing harm.”

In a support briefing, the governor’s office discusses succession orders signed that was May and obtained recently by The Hill in which Pendley essentially gave himself the authority to lead the agency. The briefing objects to the fact that the order has no time limit. 

RIGHT OF WAY FOR THE RIGHT WHALE: A U.S. District Court has ordered the Department of Commerce to outline protections for the North Atlantic right whales no later than May 31, 2021.

The endangered whale, once a large source of whale oil, has seen its numbers dwindle to about 400 as they continue to be killed in shipstrikes and entanglements in lobster gear.

While the decision forces Commerce’s National Marine Fisheries Service to enact protections, James E. Boasberg stopped short of ordering lobstermen to withdraw their rope, as requested by environmentalists.

“Vertical lines are what lobster fishermen use, so plaintiffs’ proposed injunction would effectively … institute a year-round closure,” of fishing areas, he wrote.

“The judge has given the agency clear marching orders, and there’s no more time to waste. The National Marine Fisheries Service must respond quickly with strong new regulations that prevent right whale entanglements,” Kristen Monsell, the Center for Biological Diversity attorney who argued the case in court earlier this month, said in a release. 

“This amazing species can’t withstand more harmful entanglements in lobster gear.”

Lobster industry groups have argued against protections that would require removing fishing gear and have pushed the U.S. to work harder to protect the whale alongside the Canadian government, as many whales have died on the northern side of the border.

OUTSIDE THE BELTWAY:

Revealed: how the gas industry is waging war against climate action, The Guardian reports

Lawsuit targets federal plan that would allow more drilling on public lands in southwest Colorado, The Denver Post reports

Can California handle this many wildfires at once? Crews and equipment already ‘depleted,’ the Sacramento Bee reports

Dams played key role in limiting sea level rise, The BCC reports

ICYMI: Stories from Wednesday (and Tuesday night)…

Analysis: Greenland ice sheet lost a record amount of ice in 2019

Sierra Club knocks DNC over dropped fossil fuel subsidies language

Michigan agrees to $600M settlement with Flint residents

Pompeo triggers snapback sanctions on Iran at UN

Secretary of State Mike PompeoMichael (Mike) Richard PompeoOVERNIGHT DEFENSE: GOP national security officials back Biden | Trump says troops in Iraq will come home ‘shortly’ White House officials voted by show of hands on 2018 family separations: report Trump vows to bring all US troops home from Iraq ‘shortly’ MORE on Thursday notified the United Nations that the U.S. is initiating the process to reinstate all U.N. sanctions on Iran that were previously lifted under the Obama-era nuclear deal.

The snapback sanctions will extend an arms embargo on Iran that was set to expire in October and further restrict the country from conducting ballistic missile testing, the secretary said.

“The United States will never allow the world’s largest state sponsor of terrorism to freely buy and sell planes, tanks, missiles and other kinds of conventional weapons,” Pompeo said in New York.

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President TrumpDonald John TrumpFive takeaways from the Democratic National Convention What we’ll remember from the 2020 Biden convention Chris Wallace labels Biden’s acceptance speech ‘enormously effective’ MORE in 2018 withdrew the U.S. from the nuclear deal with Iran, known as the Joint Comprehensive Plan of Action, but has argued the U.N. retains authority under the resolution enshrining the deal — U.N. Security Council Resolution 2231 — and the ability to reinstate sanctions.

The snapback sanctions are likely to take effect within 30 days and sets up a series of confrontations between the U.S. and other U.N. Security Council members opposed to the move.

Security Council members have an opportunity to put forth a resolution calling to extend sanctions relief on Iran. That resolution can be vetoed by any permanent member of the group — likely the U.S. — and the sanctions are expected to go into effect within 30 days.

The move by the Trump administration to reimpose sanctions on Iran comes after a failed attempt to renew an arms embargo on Iran that is set to expire in October and would allow the country to buy and sell conventional weapons.

The resolution garnered only two “yes” votes, from the U.S. and the Dominican Republic, while 11 countries abstained and two voted “no.”

Pompeo on Thursday thanked the Dominican Republic for voting for the extension of the arms embargo and said that Germany, France and the United Kingdom expressed privately to U.S. officials their desire to see the arms embargo extended as well.

“Our friends in Germany, France and the United Kingdom, they all told me privately that they don’t want the arms embargo lifted, either,” Pompeo said.

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Michigan to pay $600M to victims of Flint water crisis

The state of Michigan will pay out about $600 million to victims of the contamination of Flint’s tap water, The New York Times reported Wednesday.

The bulk of the money will be designated for children poisoned by the lead-contaminated water supply, according to the Times, citing two people with knowledge of the settlement. While further details of the settlement were not released, tens of thousands of Flint residents are expected to be eligible to receive part of it. The amount of individual payouts will hinge on the degree of injury to residents, according to the Times.

Officials and lawyers representing the victims have negotiated for more than 18 months. The water crisis began in 2014 after city officials, under the leadership of a state-appointed emergency manager, changed the source of the city’s water supply from Lake Huron to the Flint River. Lack of safety precautions led to chemicals and lead leaching into the water through corroded pipes.

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While the water source has since been switched back to Lake Huron, residents of the city continue to cook with and drink bottled water in many cases, and the necessary pipe repairs are still incomplete. The line replacement was initially projected to be completed by January, but was paused in the spring due to the coronavirus pandemic. Mayor Sheldon Neeley (D) said last week the replacement process was nearly complete.

Thousands of residents have sued the state. Former Sen. Carl LevinCarl Milton LevinMichigan to pay 0M to victims of Flint water crisis Unintended consequences of killing the filibuster Inspector general independence must be a bipartisan priority in 2020 MORE (D-Mich.) and retired Judge Pamela Harwood of the Wayne County Circuit Court have mediated the ongoing battle over the crisis. Under the final settlement, which must still be approved by a judge, anyone who lived in Flint would be eligible for a payout. The state is expected to begin paying out the settlement beginning next spring, according to the Times.