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

THE TOPLINE: The chairman of the House Foreign Affairs Committee will launch contempt proceedings against Secretary of State Mike PompeoMichael (Mike) Richard PompeoOvernight Defense: House chair announces contempt proceeding against Pompeo | Top general says military has no role in election disputes | Appeal court rejects due process rights for Gitmo detainees European Union sets stage for sanctions on Turkey Meadows dismisses criticism of Trump using White House for acceptance speech MORE, the lawmaker said Friday.

Chairman Eliot EngelEliot Lance EngelOvernight Defense: House chair announces contempt proceeding against Pompeo | Top general says military has no role in election disputes | Appeal court rejects due process rights for Gitmo detainees Engel announces contempt proceedings against Pompeo Progressives look to unseat top Democrat in Massachusetts primary MORE (D-N.Y.) announced the committee will begin drafting a resolution to hold the secretary in contempt following his refusal to provide subpoenaed documents related to an investigation into whether he has misused government resources for political reasons.

Engel said Pompeo’s refusal to comply with the subpoenas left him no choice but to initiate contempt proceedings.

“The Secretary’s ongoing defiance of two duly authorized subpoenas on matters directly linked to American foreign policy toward Ukraine has left the committee no further option but to begin drafting a resolution finding Secretary Pompeo in contempt of Congress,” Engel said in a statement.

“He seems to think the office he holds, the department he runs, the personnel he oversees, and the taxpayer dollars that pay for all of it are there for his personal and political benefit,” he added.

Background: The accusations of contempt are related to two subpoenas. The first stretches back to a September request to the State Department for documents related to the House impeachment investigation into President Trump’s withholding of military assistance to Ukraine.

The second subpoena is related to tens of thousands of documents that the State Department has provided to two Republican-controlled Senate committees related to their investigation of former Vice President Joe Biden’s diplomacy in Ukraine during the Obama administration.

House vs. Senate: Engel said Pompeo was willing to work with the GOP-led investigations in the Senate as Republicans seek to “amplify [Russian President Vladimir] Putin’s debunked conspiracy theories” about President TrumpDonald John TrumpKanye West sues to get on Wisconsin ballot after being rejected Mary Trump reveals recordings of Trump’s sister swiping at Ivanka, Eric Leonard Cohen lawyer considers legal action after RNC uses song after Trump acceptance speech MORE’s political foes, while refusing to provide the same information to his panel.

Engel argued that Pompeo is helping both the Republican-led Senate and Russia’s agenda to sow discord in the 2020 election by spreading unsubstantiated claims about the Bidens.

In a 45-page letter to the House committee last week rejecting the subpoena, the State Department maintained it is not obligated to produce the documents because the panel is investigating Pompeo, not allegations against Biden.

Engel called the response an attempt to get his committee to support a conspiracy theory against the Democratic presidential nominee.

“Mr. Pompeo’s final response makes it clear where he stands: the Department would turn over the documents if the Committee announced that we, too, were pursuing an investigation into the same conspiracy theory that’s been debunked again and again,” he said.

NO ROLE FOR MILITARY IN ELECTION, MILLEY SAYS: The U.S. military will play no role in resolving any dispute about the election, the country’s top general said in written testimony released Friday.

“In the event of a dispute over some aspect of the elections, by law U.S. courts and the U.S. Congress are required to resolve any disputes, not the U.S. military,” Joint Chiefs of Staff Chairman Gen. Mark Milley wrote. “I foresee no role for the U.S. Armed Forces in this process.

“I and every member of the Armed Forces take an oath to support and defend the Constitution of the United States, and to follow the lawful orders of the chain of command,” he continued. “We will not turn our backs on the Constitution of the United States.”

Milley’s comments came in response to questions for the record from Reps. Elissa SlotkinElissa SlotkinOvernight Defense: House chair announces contempt proceeding against Pompeo | Top general says military has no role in election disputes | Appeal court rejects due process rights for Gitmo detainees Top general: Military will play no role in resolving any electoral dispute Pelosi weighing bringing House back from August recess early over USPS issues: reports MORE (D-Mich.) and Mikie SherrillRebecca (Mikie) Michelle SherrillOvernight Health Care: Trump pressure on health agencies risks undermining public trust | Top FDA spokeswoman ousted after 11 days Overnight Defense: House chair announces contempt proceeding against Pompeo | Top general says military has no role in election disputes | Appeal court rejects due process rights for Gitmo detainees OVERNIGHT ENERGY: 21 states sue White House over rollback of bedrock environmental law | Administration faces rough week in court | Trump hits Biden on climate at convention MORE (D-N.J.) that the pair had submitted to him after a House Armed Services Committee hearing last month.

The same questions were sent to Defense Secretary Mark EsperMark EsperOvernight Defense: House chair announces contempt proceeding against Pompeo | Top general says military has no role in election disputes | Appeal court rejects due process rights for Gitmo detainees Top general: Military will play no role in resolving any electoral dispute Overnight Defense: US, Russia trade blame over Syria incident | Pentagon calls out China’s ‘counterproductive’ military exercises, missile test | Democrats press Esper on COVID-19 response MORE, but the lawmakers said he has not responded yet.

Context: Milley’s answers do not depart from long-standing views in the military about remaining apolitical. Earlier this month, the Pentagon’s top spokesman dismissed debate about military involvement in the election as “unserious thought.”

But the answers come as the candidates in the 2020 president election themselves stoke questions about military involvement.

President Trump has raised the prospect that he won’t accept the results in November, claiming that mail-in voting could lead to widespread voter fraud despite offering no supporting evidence.

“I have to see,” Trump told Fox News’ Chris WallaceChristopher (Chris) WallaceOvernight Defense: House chair announces contempt proceeding against Pompeo | Top general says military has no role in election disputes | Appeal court rejects due process rights for Gitmo detainees Top general: Military will play no role in resolving any electoral dispute Chris Wallace: Trump acceptance speech ‘surprisingly flat’ MORE last month when asked if he would accept the election results. “No, I’m not just going to say yes, I’m not going to say no, and I didn’t last time either.”

Democratic presidential nominee Joe BidenJoe BidenKanye West sues to get on Wisconsin ballot after being rejected Trump: I want to see first woman president, but not Harris Trump decries DC protesters as ‘thugs’ MORE said in June that he’s “absolutely convinced” the military would step in if Trump rejected the results.

“I promise, I am absolutely convinced they will escort him from the White House with great dispatch,” Biden said on “The Daily Show with Trevor NoahTrevor NoahOvernight Defense: House chair announces contempt proceeding against Pompeo | Top general says military has no role in election disputes | Appeal court rejects due process rights for Gitmo detainees Top general: Military will play no role in resolving any electoral dispute ‘The Daily Show’ taunts Trump with full-page ad directed at ‘soon-to-be ex-president’ MORE.”

NO DUE PROCESS RIGHTS FOR GITMO DETAINEES, APPEAL COURT RULES: A federal appeals court ruled Friday that foreign detainees at Guantanamo Bay do not have the right to make due process claims in court.

The decision from the three-judge panel on the D.C. Circuit Court of Appeals ruled that the Due Process Clause of the Constitution does not apply to those held at the military base.

Judge Neomi Rao, who was appointed to the court by Trump, wrote in the decision that “the Due Process Clause may not be invoked by aliens without property or presence in the sovereign territory of the United States.”

The decision rejects the appeal of Abdulsalam Ali Abdulrahman al Hela, a Yemeni citizen who has been detained at the U.S. military base in Cuba since 2004. A district judge last year denied al Hela’s habeas corpus petition challenging his detention at the facility.

“We think the decision is incorrect and we’re considering our options,” David Remes, al Hela’s attorney, told The Hill on Friday. “The fundamental injustice at Guantanamo is holding individuals indefinitely without a charge. That’s the ultimate problem that needs to be addressed.”

What it means: Friday’s decision would likely be the most categorical denial of legal rights for Guantanamo detainees in nearly two decades of court battles over the military prison.

Tung Yin, a law professor at Lewis & Clark College in Oregon who studies legal issues concerning national security and terrorism, said the significance of the ruling may largely be symbolic given the alternative administrative procedures outside of the court system for reviewing detainees’ cases that were set up by Congress.

“In one sense, it’s pretty significant in terms of the boldness of the holding,” Yin said. “But in another sense, the practical effect of it is probably not really that strong because President Obama whittled down pretty greatly the number of detainees who are left in Guantanamo.”

Still, the ruling is likely to intensify criticism of the controversial prison, where 40 detainees are still being held despite not being charged with a crime.

“The decision is a misguided attempt to resurrect Guantanamo as a prison outside the law,” Jonathan Hafetz, a senior staff attorney with the American Civil Liberties Union, said in a statement. “The fundamental guarantees of due process unquestionably apply to individuals the U.S. has imprisoned for nearly two decades at an island prison, and it is an affront to the Constitution to suggest otherwise.”

ON TAP FOR TOMORROW

Democratic presidential nominee Joe Biden will speak at the virtual National Guard Association of the United States General Conference at 1:45 p.m. Other speakers at the conference include National Guard Bureau chief Gen. Daniel Hokanson, Air Force Chief of Staff Gen. Charles Brown and Chief of Space Operations Gen. John Raymond. https://bit.ly/3lAMaDt

ICYMI

— The Hill: US military intercepts 6 Russian jets off Alaska

— The Hill: Family lawyer: Fort Hood soldier found dead was ‘humiliated’ after reporting sexual abuse

— The Hill: Japanese Prime Minister Shinzo Abe resigns, cites health

— The Hill: Tom CottonTom Bryant CottonOvernight Defense: House chair announces contempt proceeding against Pompeo | Top general says military has no role in election disputes | Appeal court rejects due process rights for Gitmo detainees The Hill’s 12:30 Report: Trump heads to New Hampshire after renomination speech The Hill’s Morning Report – Presented by Facebook – Trump accepts GOP nomination: ‘Best is yet to come’ MORE rips Biden on foreign policy in convention speech

— Wall Street Journal: U.S. to cut troop presence in Iraq by about one-third, officials say

— Washington Post: Pentagon poised to award Medal of Honor to Alwyn Cashe, who died after saving fellow soldiers in Iraq

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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.) said late Wednesday that she didn’t think too much about fellow 2020 presidential hopeful 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’s message to her just before the last Democratic primary debate in Detroit.

Biden was heard saying, “Go easy on me kid,” as the top-tier candidates walked on stage. 

“I’m wondering how you interpreted that,” CNN’s Anderson Cooper asked Harris in a post-debate interview. ADVERTISEMENT

“That’s what he wanted me to do, I didn’t really think much about it to be honest with you,” she responded. 

When asked if she had an issue with the use of the word “kid,” Harris said no. 

“But I’ll tell you what, because we’re both on that stage running for president I’m pretty clear about who I am, so nobody’s going to define me on that stage,” she said.

“I didn’t really think much about it,” Sen. Kamala Harris says about Joe Biden’s “go easy on me, kid” comment to her.
Click Here: cheap INTERNATIONAL jersey“We’re both on that stage running for president…nobody’s going to define me on that stage.” https://t.co/ohunHcBgPb #DemDebate pic.twitter.com/ONMOEwi7q1

— CNN Newsroom (@CNNnewsroom) August 1, 2019

Harris and Biden faced off during the first round of debates last month in an interaction that gave momentum to the senator’s campaign.

She sparred with Biden over his civil rights record, pushing him on his voting record on busing and pointing out that as a black girl she was part of the first integrated class in her Berkley, Calif., school district. 

Harris and Biden did not have as contentious of a moment in Wednesday night’s debate. As a top-tier candidate herself, some lesser-known candidates took direct shots at Harris and her record as a lawmaker and prosecutor.

Democratic presidential hopeful Montana Gov. Steve BullockSteve BullockKoch-backed group launches ad campaign to support four vulnerable GOP senators Overnight Energy: US Park Police say ‘tear gas’ statements were ‘mistake’ | Trump to reopen area off New England coast for fishing | Vulnerable Republicans embrace green issues Vulnerable Republicans embrace green issues in battle to save seats MORE (D) slammed the Democratic National Committee’s (DNC) debate qualification rules on Tuesday after billionaire Tom SteyerTom SteyerBloomberg wages war on COVID-19, but will he abandon his war on coal? Overnight Energy: 600K clean energy jobs lost during pandemic, report finds | Democrats target diseases spread by wildlife | Energy Dept. to buy 1M barrels of oil Ocasio-Cortez, Schiff team up to boost youth voter turnout MORE reached the donor threshold for the party’s fall primary debates. 

“The DNC donor requirement may have been added with the right intentions, but there’s no doubt that it’s created a situation in which billionaires can buy their way onto the debate stage, and campaigns are forced to spend millions on digital ads chasing one dollar donors — not talking directly to voters,” Bullock said in a statement. His presidential campaign has made a tentpole issue out of working to get big money out of politics. 

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“We’re kidding ourselves if we’re calling a $10 million purchase of 130,000 donors a demonstration of grassroots support,” he continued. 

Steyer’s campaign announced on Tuesday that he had reached the required number of donors needed to qualify for the third and fourth Democratic primary debates. 

Bullock participated in last month’s primary debates but did not make the first round in June. 

Steyer’s campaign manager hit back at Bullock in a tweet, writing that Bullock was “writing off” the support of Democratic voters in suggesting Steyer reached the threshold mostly through digital advertisement. 

“Fewer than half of Tom’s donations came from advertising. Writing off the support of thousands of Democratic voters who are responding to Tom’s message isn’t the way to beat Trump in 2020, no matter what you think about the DNC’s criteria,” Heather Hargreaves wrote.

Fewer than half of Tom’s donations came from advertising. Writing off the support of thousands of Democratic voters who are responding to Tom’s message isn’t the way to beat Trump in 2020, no matter what you think about the DNC’s criteria. https://t.co/7hhkoj2H0D

— Heather Hargreaves (@hmhargreaves) August 13, 2019

Steyer garnered more than 48,000 donors over the past week alone, which propelled him to hit the 130,000 donor mark before the Aug. 28 deadline to qualify.

Candidates must bring in at least 130,000 donors and register at least 2 percent in four surveys from DNC-approved pollsters. 

While Steyer only launched his campaign over a month ago, he has acquired donor support through aggressive ad spending on Facebook, Google and cable news.

Updated 1:36 p.m.

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’s physician said in a new interview that the former vice president has shown no mental deficits since suffering two brain aneurysms in 1988, challenging concerns surrounding the Democratic White House hopeful’s mental fitness.

“Vice President Biden is in excellent physical condition,” Dr. Kevin O’Connor told Politico in a statement. “He is more than capable of handling the rigors of the campaign and the office for which he is running.”

The aneurysms were fully treated, Dr. Neal Kassell, who performed the surgery, told Politico, adding that Biden, now 76, showed no change and no damage in the years afterward.

“He is every bit as sharp as he was 31 years ago. I haven’t seen any change,” Kassell said. “I can tell you with absolute certainty that he had no brain damage, either from the hemorrhage or from the operations that he had. There was no damage whatsoever.”

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Kassell added that he is “going to vote for the candidate who I am absolutely certain has a brain that is functioning.”

“And that narrows it down exactly to one,” he said.

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Biden has faced skepticism and criticism over his performance in the first round of Democratic primary debates, as well as limited public appearances on the campaign trail, which made some question whether he was able to keep up with his younger competitors.

But after a stronger second debate performance, Democratic lawmakers have since said they feel better about Biden as their party’s White House front-runner, despite lingering questions about his age.

The former vice president is one of a group of older 2020 presidential candidates including 77-year-old 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.), 70-year-old 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.) and former Massachusetts Gov. Bill WeldWilliam (Bill) WeldVermont governor, running for reelection, won’t campaign or raise money The Hill’s Campaign Report: Amash moves toward Libertarian presidential bid Libertarians view Amash as potential 2020 game changer for party MORE, a 74-year-old Republican.

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, who has mocked Biden for “not playing with a full deck” and has nicknamed the former vice president “Sleepy Joe,” is 73 years old.

Hackers have been increasingly targeting websites of the reelection campaign of President TrumpDonald John TrumpMelania Trump used private email account while in White House, ex-friend says Trump reiterates call for drug test before debates, claims Biden ‘is on some kind of an enhancement’ How Markey took down a Kennedy MORE ahead of the November election, Reuters reported Tuesday.

According to July emails between senior company managers at security group Cloudflare obtained by Reuters, the attacks successfully disrupted two websites targeted by hackers on March 15 and June 6. Cloudflare was hired by the Trump campaign to defend websites against cyberattacks. 

“As we get closer to the election, attacks are increasing in both numbers [and] sophistication,” the emails read, according to Reuters, with the emails noting that the attacks were becoming increasingly sophisticated and were recorded at high levels in June. 

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A spokesperson for the Trump campaign did not respond to The Hill’s request for comment on the report. 

A spokesperson for Cloudflare declined to comment on the reported increased targeting of Trump campaign websites but pointed to the company’s work to protect campaigns and other organizations from attacks. 

“Cloudflare blocks an average of 72 billion cyber threats each day for the more than 25 million Internet properties that rely on us,” the spokesperson told The Hill in a statement. “As a policy, we do not discuss specific users of our service without their permission — that includes the majority of presidential campaigns from both parties this cycle.”

The spokesperson highlighted the company’s Cloudflare for Campaigns program, which offers U.S. political candidates free security services, as well as its Athenian Project, which provides free support for state and local election websites.

“Providing support to help ensure elections are not impacted by cyber attacks directly aligns with Cloudflare’s mission to help build a better Internet,” the Cloudflare spokesperson said. 

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The Reuters report was published as concerns around election interference have ramped up. 

Earlier this month, a senior official in the Office of the Director of National Intelligence warned that Russian actors were interfering in U.S. elections in favor of Trump, while Chinese and Iranian actors were interfering in favor of former Vice President Joe BidenJoe BidenTrump reiterates call for drug test before debates, claims Biden ‘is on some kind of an enhancement’ Pro-Trump group poll: Voters prioritizing economy, have shifting views on protests Twitter removes video from Trump tweet after ‘Electric Avenue’ copyright complaint MORE. 

A Google threat researcher announced in June that a Chinese hacking group had targeted Biden campaign staff through the use of phishing emails, while an Iranian hacking group had used the same tactic to target Trump campaign staff.

Multiple top state election officials on Friday pushed back against recent concerns that the increase of mail-in voting could lead to a spike in voter fraud.

Officials from both sides of the aisle testified in front of the House Homeland Security Committee during a hearing about protecting the upcoming elections. 

“We actually have now conducted three elections this year alone with a full right to vote-by-mail with more citizens voting by mail than ever before and with zero reports or evidence of fraud,” Michigan Secretary of State Jocelyn Benson (D) testified during the hearing. 

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Benson testified alongside Kentucky Secretary of State Michael Adams (R), who said that mail-in voting in his state had jumped during the primaries. 

“I am very pleased to say that our election this year was clean, I did have some concerns about going from about 2 percent absentee balloting to what we ended up with, which was about 75 percent,” Adams said. 

He noted that while there had been “isolated incidents” of voter fraud in Kentucky over the past several decades, the state had implemented a series of best practices that ensured officials were “vigilant” for fraud during the elections. He also pointed to concerns over his elderly grandparents voting in-person and risking COVID-19 transmission. 

“I think all these things being equal, I think voting in person is the gold standard, but we are in unique times and we have got to acclimate to them,” Adams testified. 

Benson and Adams’s comments came on the heels of weeks of concerns that mail-in voting could lead to a spike in voter fraud. President TrumpDonald John TrumpKanye West sues to get on Wisconsin ballot after being rejected Mary Trump reveals recordings of Trump’s sister swiping at Ivanka, Eric Leonard Cohen lawyer considers legal action after RNC uses song after Trump acceptance speech MORE also suggested delaying the election over these concerns.  

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“With Universal Mail-In Voting (not Absentee Voting, which is good), 2020 will be the most INACCURATE & FRAUDULENT Election in history,” Trump tweeted last month. “It will be a great embarrassment to the USA. Delay the Election until people can properly, securely and safely vote???”

There has been strong pushback against this claim, including a comment earlier this week from a senior FBI official who told reporters that despite the concerns, the FBI had “not seen to date a coordinated national voter fraud effort.”

Trump has also raised questions around the security of ballot drop boxes, tweeting earlier this week the boxes “make it possible to vote multiple times” and calling them “a big fraud.” The tweet was later flagged by Twitter for violating its civics and ethics rules.

But Adams testified Friday that despite Trump’s concerns, he had seen an increased interest in ballot drop boxes — which often weigh several hundred pounds and are subject to multiple security controls — from Republicans during Kentucky’s primary election.

“A lot of Republicans are comfortable applying for an absentee ballot, getting it, voting at home safely, and then they don’t want to mail it back, they want to bring it back, they want the personal satisfaction of dropping a vote into a bin, and knowing it’s in the bin,” Adams said. “We actually found there was greater like of the drop boxes on the GOP side than on the Democratic side in our June primary.”

California Secretary of State Alex Padilla (D) emphasized the safety of mail-in voting while testifying before the House Administration during a separate hearing on Friday, criticizing Trump for promoting “misinformation” around the process. 

”Widespread attacks, fueled by President Trump, on the integrity of vote-by-mail and ballot drop boxes seek to undermine public confidence in our elections,” Padilla said. “This misinformation is baseless and is easily disproved by numerous reports and studies that voter fraud and vote-by-mail fraud is rare and isolated.”

California was already moving toward a system with an emphasis on voting by mail prior to this year, with the state instituting a “no-excuse” vote-by-mail system in 1979. Padilla said that during the state’s recent primary, voting by mail shot up from 27 percent of votes cast to 72 percent. 

Washington, Oregon, Utah and Colorado had used majority mail-in voting for elections prior to 2020. 

Julie Wise, the director of elections for King County in Washington, which includes Seattle, testified to the House Administration Committee that during the 2016 election the county saw only 17 suspected cases of voter fraud out of more than 1 million ballots cast, while there were only 29 suspected cases during the 2018 midterm elections. 

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“Voter fraud is almost non-existent,” Wise said. 

All officials emphasized their focus of ensuring a safe and secure election could go forward in November, despite partisan divisions about the voting process. 

“If we can put partisanship aside, and just work together to succeed in holding elections that are secure, accessible and on schedule, if we fight back against misinformation and speak the truth to our voters, it’s possible, it’s doable to hold these elections safely in November, and our voters of course should demand no less of us,” Benson said.

Teachers unions are waging court fights across the country aimed at unwinding what they say are unsafe and politically motivated timetables for reopening schools that risk exposing personnel to the coronavirus pandemic.

State officials eager to ramp up brick-and-mortar operations are facing lawsuits from Florida to Texas to Iowa over reopening plans as well as access to the COVID-19 infection data needed to monitor the rate of spread within school communities. 

At the same time, lawsuits are flying from the opposition direction: Parents in several states, including New York, Massachusetts and Oregon, dissatisfied with web-based teaching alternatives, are suing to force state officials to reopen physical schools sooner as courts are increasingly called upon to referee the fight over education in the age of coronavirus. 

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“A legal storm is brewing as safety and social distancing requirements for a physical return to school begin to take shape around the country,” Maria Ferguson, executive director of the Center on Education Policy at George Washington University, wrote on the education website The 74.

As millions of students prepare for the first day of school — whether in-person, remote or a hybrid of the two — the fight over the reopening physical school buildings is likely to intensify.

The debate over in-person K-12 instruction planning is inseparably tied to the issues of child care needs and parents’ ability to return to the workforce to help revive the struggling economy, all of which is playing out against the backdrop of a fast-approaching November election in a country that has seen nearly 6 million cases and more than 181,000 deaths from COVID-19.

Perhaps the highest-profile legal battle is taking place in the courts of Florida, where Republican Gov. Ron DeSantisRon DeSantisFlorida Supreme Court says governor overstepped authority in naming new justice Political divide looms over sending kids to school: poll The Hill’s Morning Report – Presented by Facebook – On day one, Trump’s convention seeks to rev up base MORE signed off last month on an emergency order over school reopenings.

Under the order, most Florida school districts would be required to hold in-person classes five days a week by the end of August or risk losing funding. President TrumpDonald John TrumpTrump to visit Kenosha on Tuesday amid unrest Warner calls Intelligence chief’s decision to scale down congressional election security briefings ‘outrageous’ Katyusha rocket lands in Baghdad ‘Green Zone’: report MORE, who counts DeSantis as a close ally, has also threatened to cut off federal funding for schools if they do not resume in-person learning this fall.

The Florida policy prompted a lawsuit from the Florida Education Association (FEA), a statewide teachers union, and several other plaintiffs in favor of a more cautious return to in-person teaching.

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“Public schools are not designed for COVID safety, and indeed, the government has recognized that they are high-contact environments,” said Kendall Coffey, the lead plaintiff’s attorney in the Florida case, who likened prematurely opened schools to “disease factories” and called the Florida policy “financial bullying.”

“There are any number of issues, in terms of hallway sizes, the flow of students in and out of classrooms, ventilation, even how many students go into the bathroom,” he told The Hill. “There are many elements that are virtually impossible to guarantee when you’re dealing with children in large amounts.”

On Aug. 24, a Florida judge ruled in favor of the union and temporarily halted the statewide order. In his decision, Judge Charles Dodson struck down the order’s unconstitutional provisions and blasted DeSantis for having “essentially ignored” the state’s constitutional requirement that schools be operated safely.

“The districts have no meaningful alternative,” wrote Dodson, of Leon County. “If an individual school district chooses safety, that is, delaying the start of schools until it individually determines it is safe to do so for its county, it risks losing state funding, even though every student is being taught.”

A Florida appeals court agreed to temporarily halt Judge Dodson’s order from taking effect while DeSantis appeals.

The state contends that the benefit of in-person instruction outweighs the health risks associated with reopening brick-and-mortar schools. Some Florida school officials have also declined to disclose incidents of positive COVID-19 cases to school communities, citing the need for patient privacy. 

Attorneys for Florida have also argued in hearings that courts should not substitute their judgment for that of policymakers who have balanced all the equities and decided a prompt in-person reopening is the best policy.

Randi Weingarten, president of the American Federation of Teachers (AFT), one of the largest teachers unions in the country, said Florida has its priorities backward.

“What their arguments show is that they don’t care about human life,” Weingarten told The Hill.

According to Weingarten, internal AFT polling in June showed that about 3 in 4 teachers said they would be comfortable returning to the classroom if guidelines from the Centers for Disease Control and Prevention (CDC) were implemented in schools.

But she predicts that attitudes among teachers have shifted dramatically in past months as the Trump administration has failed to adequately manage the virus to ensure schools can be reopened safely.

“We’re polling right now,” she said. “And my hunch is that just like the public polls, it’s totally flipped.”

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The AFT is backing lawsuits in Florida, New Mexico and Texas. Before schools can reopen safely — for what Weingarten calls “the biggest move indoors that the nation has done since March” — the group says local positivity rates should be below 3 percent and schools should have visibility into daily transmission rates. 

The union is also pushing for protocols that involve testing, contact tracing and isolation and implement best practices from the CDC for things such as ventilation, cleaning, physical distancing, mask-wearing and other safeguards.

As teachers unions make their case in court, parents in at least five states have filed lawsuits of their own to accelerate school reopenings.

A nonprofit litigation group called the Center for American Liberty, co-founded by lawyer and GOP official Harmeet Dhillon, is backing one such suit in California. Democratic Gov. Gavin NewsomGavin NewsomCalifornia launches plan to reopen in slower phases after surge in coronavirus cases Latino Victory to boost Alex Padilla to fill Harris’s potential Senate seat Our country is on fire — will political leaders help? MORE’s restrictions on in-person school openings in the Golden State will affect an estimated 80 percent of K-12 students.

“The effects of this ham-handed policy are as predictable as they are tragic,” the lawsuit filed in a federal court in California states. “Hundreds of thousands of students will essentially drop out of school, whether because they lack the technological resources to engage with ‘online learning’ or because their parents cannot assist them.”

The litigation raises concerns about everything from school closures exacerbating the achievement gap and disproportionately harming special needs students and those without convenient internet access to challenges over the constitutional validity of government health orders.

Weingarten, of AFT, said it’s important to remember that despite seemingly irreconcilable differences over the policy details, all parties want to see schools reopen as soon as it’s safe to do so.

“None of us believes that remote is a substitute,” she said. “It’s a supplement.”

At least two separate flight crews landing at Los Angeles International Airport on Sunday night reported seeing what appeared to be a “guy in a jetpack” flying near them.

According to tower tapes obtained by Fox 11 and other news outlets, the first pilot was landing an American Airlines plane when he saw the person flying about 300 yards in the air. 

“We just passed a guy in a jetpack,” the pilot said. 

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A second pilot reportedly flying a JetBlue plane confirmed they also saw a “guy passing by them in a jetpack.”

 

The Hill has reached out to the Federal Aviation Administration, which is reportedly looking into the incident.

The situation is reportedly being looked at as a drone sighting.

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Former White House press secretary Sarah HuckabeeSarah Elizabeth SandersMcEnany stamps her brand on White House press operation Sanders mocks NY Times urging DNC to investigate Biden allegations: ‘I thought it was an Onion headline’ Donald Trump: The Boomer TV president MORE Sanders wrote in her memoir that President TrumpDonald John TrumpMelania Trump used private email account while in White House, ex-friend says Trump reiterates call for drug test before debates, claims Biden ‘is on some kind of an enhancement’ How Markey took down a Kennedy MORE joked in 2018 that she should hook up with North Korean leader Kim Jong UnKim Jong UnPompeo speaks to GOP convention from Jerusalem in controversial speech North Korea’s Kim admits five-year economic plan has been ‘seriously delayed’ Trump dismisses forthcoming Woodward book as ‘fake’ MORE after he winked at her, The Guardian reported Wednesday. 

Sanders’s book detailed that the president teased her, encouraging her to “go to North Korea and take one for the team” after the officials had met Kim during a summit in Singapore in June 2018. A copy of the book, titled “Speaking for Myself” and slated to be released on Tuesday, was obtained by The Guardian. 

The former press secretary’s book differs from past releases from former White House employees who have released tell-alls criticizing the president. The daughter of former Arkansas Gov. Mike Huckabee (R) praises Trump in her book, which is subtitled, “Faith, Freedom and the Fight of Our Lives Inside the Trump White House.”

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But Sanders does highlight controversial, misogynistic incidents involving her, Trump and his aides, according to The Guardian.

For the Singapore meeting, Sanders claims she was taking notes when she looked up “to notice Kim staring at me.”

“We made direct eye contact and Kim nodded and appeared to wink at me,” she wrote, according to The Guardian. “I was stunned. I quickly looked down and continued taking notes.”

“All I could think was, ‘What just happened? Surely Kim Jong-unKim Jong UnPompeo speaks to GOP convention from Jerusalem in controversial speech North Korea’s Kim admits five-year economic plan has been ‘seriously delayed’ Trump dismisses forthcoming Woodward book as ‘fake’ MORE did not just mark me!?’” she added.

The then-White House press secretary said she recounted the incident to Trump and his then-chief of staff John KellyJohn Francis KellyMORE in the limousine while heading to the airport. 

“Kim Jong-un hit on you! He did! He f—— hit on you!” Trump reacted, with The Guardian noting she did not spell out the expletive.

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She reportedly responded to Trump saying that was not what she meant, adding, “Sir, please stop.”

Sanders wrote that Trump joshed: “Well, Sarah, that settles it. You’re going to North Korea and taking one for the team! Your husband and kids will miss you, but you’ll be a hero to your country!”

She then said Trump and Kelly, who she said backed the president, “howled with laughter.”

The White House did not immediately respond to a request for comment. 

The Singapore summit between North Korea and the U.S. was the first-ever meeting between leaders of the two countries and resulted in an agreement for peaceful relations and the denuclearization of the Korean Peninsula, among other deals.

However, talks with North Korea have stalled in the past year.

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Happy Tuesday and welcome back to On The Money, where we are now soliciting fantasy football draft advice. I’m Sylvan Lane, and here’s your nightly guide to everything affecting your bills, bank account and bottom line.

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

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

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THE BIG DEAL—Mnuchin: Trump wants more COVID-19 relief aid: Treasury Secretary Steven MnuchinSteven Terner MnuchinPelosi, Mnuchin talk stimulus but stalemate remains On The Money: Trump wants more COVID-19 relief aid, Mnuchin says | Trump officials issue sweeping eviction ban | Unemployed struggle to cover basic expenses Trump payroll tax deferral finds few takers among businesses MORE told House lawmakers on Tuesday that he’s ready to restart negotiations with Speaker Nancy PelosiNancy PelosiHow Markey took down a Kennedy Markey defeats Kennedy in Massachusetts Pelosi, Mnuchin talk stimulus but stalemate remains MORE (D-Calif.) on a massive coronavirus relief package, emphasizing that both he and President TrumpDonald John TrumpMelania Trump used private email account while in White House, ex-friend says Trump reiterates call for drug test before debates, claims Biden ‘is on some kind of an enhancement’ How Markey took down a Kennedy MORE support more emergency aid for workers, schools, small businesses and testing.

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“Let me say I very much agree with you and those other experts that more fiscal response is needed. The president and I want to move forward with more fiscal response,” Mnuchin testified before a special House subcommittee investigating the federal response to the pandemic.

“I’m prepared to sit down with the Speaker at any time to negotiate,” he added.

The context: Talks between Pelosi and White House officials have been on hold ever since the two sides walked away from the negotiating table on Aug. 7, more than three weeks ago. 

• Democrats and Trump are still about a trillion dollars apart, even as they’ve inched closer to a deal in recent days.
• Pelosi’s offer last week to White House chief of staff Mark MeadowsMark Randall MeadowsPelosi, Mnuchin talk stimulus but stalemate remains On The Money: Trump wants more COVID-19 relief aid, Mnuchin says | Trump officials issue sweeping eviction ban | Unemployed struggle to cover basic expenses Mnuchin: Trump wants more COVID-19 relief aid MORE was $2.2 trillion, down from $2.4 trillion. Meanwhile, Meadows said Trump would support a $1.3 trillion package, up from $1.1 trillion.

The takeaway: Mnuchin, along with several Democratic lawmakers, focused on areas of broad agreement. The Treasury secretary repeatedly insisted that he’s willing to come to the table with Democratic leaders to craft a bill based on shared priorities without a topline figure already in mind. He also was less optimistic about the path of the economy than some of his fellow Republicans and administration officials, warning of the dire threats facing certain industries.

The Hill’s Scott Wong has more here.

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LEADING THE DAY

Trump administration issues sweeping eviction ban: The Trump administration issued an order Tuesday banning landlords from evicting tenants from properties they can no longer afford to rent due to income lost to the coronavirus pandemic.

• The order, issued by the Centers for Disease Control and Prevention (CDC), would make it illegal to evict any individual who expects to make less than $99,000 or a joint-filing couple that expects to make less than $198,000 in 2020. 
• The tenants would still be required to pay rent owed per the terms of the lease, but will be allowed to stay in their unit through the end of the year.

I’ll walk you through the order here.

Unprecedented test of the CDC’s authority: The national eviction ban was issued under a federal law that gives the CDC director authority to impose measures to prevent the spread of communicable disease “as he [or] she deems necessary.” The provision specifically refers to filling the gaps left by “inadequate” state-imposed public health measures and does not directly mention financial aid or overriding contracts between citizens, raising questions about its legality.

How it works: In order to qualify for the eviction protection, a tenant must declare that their 2020 income will fall below the threshold set out in the order; they’ve sought all potential sources of federal housing aid; and that they cannot afford to pay the rent due to a pandemic-related job loss or expense despite their best efforts to do so.

The shortfalls: 

• Senior administration officials said in a call with reporters that it will be up to local courts to adjudicate eviction filings, but that the federal order should protect all tenants who qualify for the program should they face judicial proceedings.
• Housing advocates praised the administration for taking action to keep vulnerable tenants from homelessness, but rebuked it for not acting sooner and raised concerns about the rent due by households protected under the order.

“While an eviction moratorium is an essential step, it is a half-measure that extends a financial cliff for renters to fall off of when the moratorium expires and back rent is owed,” said Diane Yentel, president of the National Low Income Housing Coalition (NLIHC).

“This action delays but does not prevent evictions. Congress and the White House must get back to work on negotiations to enact a COVID-19 relief bill with at least $100 billion in emergency rental assistance.”

 

Unemployed struggle to cover basic expenses following CARES expiration: The number of jobless people saying that unemployment insurance does not cover basic expenses including food, clothing, housing and transportation nearly doubled after key benefits expired in July.

A new survey from Morning Consult found that 50 percent of unemployed people said their benefits fell short of covering basic expenses, up from 27 percent in July.

The $600 in extra weekly benefits that Congress passed in March expired at the end of July, leaving many with significantly lower payments. The Hill’s Niv Elis breaks it down here.

Trump payroll tax deferral finds few takers among businesses: September kicks off the payroll tax deferral period initiated by President Trump last month, but few businesses are expected to participate in a plan that would likely lead to less take-home pay for workers early next year.

• Under guidance issued by the IRS last week, employers can stop withholding Social Security payroll taxes from paychecks from Sept. 1 through Dec. 31 for employees who make less than $4,000 on a biweekly basis. 
• The money would then be collected by having businesses increase the amount of taxes withheld from paychecks in the first four months of 2021.
• But stakeholders said that in addition to the headache of rushing to update payroll systems, participating in the program would also put their employees in a situation where they’d see smaller than usual paychecks next year.

The Hill’s Naomi Jagoda explains here.

 

GOOD TO KNOW

• More than $3 billion in loans issued through the coronavirus emergency relief program for small businesses may have gone to firms that already received support or should have been excluded from the program, according to a study released Tuesday by House Democrats.
• The manufacturing sector continued recovering in August from the sharp downturn caused by the COVID-19 pandemic, but employment lagged, according to the Institute for Supply Management’s (ISM) monthly manufacturing index.
• The majority of Americans said they support additional coronavirus relief payments, according to a new poll, as Congress and the Trump administration remain deadlocked over another COVID-19 package.
• Senate Republican leaders hope to vote next week on what they are calling a “focused” and “targeted” coronavirus relief bill, setting up what they hope will be a tough political vote for Democrats shortly before November’s elections.