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Defense Production Act Will Be Used For First Time in Coronavirus Pandemic to Secure Thousands of Test Kits

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  • FEMA Administrator Peter Gaynor said Tuesday that the Defense Production Act will be used today to secure 60,000 coronavirus testing kits.
  • This comes after days of backlash against President Trump who has been hesitant to use the act, which would compel private companies to manufacture highly-needed medical equipment.  
  • Still, cases of the virus are rapidly increasing, especially in New York, where Gov. Andrew Cuomo says the lack of ventilators and other supplies will soon lead to deaths that could have otherwise been prevented.

The DPA and Trump’s Hesitation to Use It 

Federal Emergency Management Agency Administrator Peter Gaynor said Tuesday that the Trump administration will formally implement the Defense Production Act today to secure thousands of desperately needed coronavirus testing kids. 

Last week, President Donald Trump invoked the DPA, a Korean-War era provision that requires and provides incentives for private companies to prioritize federal government orders for products tied to national defense. So essentially, under this act, the government could order private manufactures to fulfill federal orders for critical medical equipment including ventilators, masks, and other supplies. 

But since signing the DPA, Trump has resisted actually using it, despite calls from politicians and medical associations for him to do so. The president has said he will only use the act in a “worst case scenario” and said that he’s concerned about nationalizing American businesses.

“We’re a country not based on nationalizing our business,” President Trump said at a press briefing on Sunday. “The concept of nationalizing our businesses is not a good concept.” 

He has also repeatedly said that invoking the act wasn’t needed because so many private companies have already been volunteering to manufacture supplies, though he did say Sunday that “we may have to use it someplace along the chain.”

On top of that, the president has insisted that state leaders should bear more responsibility for obtaining the live-saving equipment themselves. 

Calls For and Against DPA Use 

Cases of COVID-19 have continued to rise, leaving hospitals across the nation in distress. 

While several companies have actually been voluntarily redirecting their focus towards manufacturing or donating supplies, some have expressed concerns about doing so without clear guidance from the federal government that outlines what equipment is needed and where. 

Even with some companies like Tesla, Facebook, and Apple, stepping in to provide supplies, the need is still incredibly high and local officials have been pleading with the public for any and all help. 

In some cases, they’ve even had to pay hiked-up prices for personal protection equipment or had to compete against other states for supplies. 

But some of Trump’s advisors and business groups like the U.S. Chamber of Commerce have raised concerns about using the act. They argue that mandating production could hurt some companies, complicate supply chains of key products, and further hurt the economy. 

Others warned that the law isn’t a quick fix because it could take weeks or even months before facilities could reconfigure themselves to make these highly-needed goods. 

FEMA Admin Says DPA Will Be Used 

Still, Gaynor told CNN Monday, “We’re actually going to use the DPA for the first time today. There are some test kits we need to get our hands on.”

More specifically, he said triggering the act would help secure about 60,000 test kits. For reference, 1 kit alone serves roughly 300-400 patients. If what Gaynor told CNN is true, this would mark the first time the act has been used during the coronavirus pandemic. 

The FEMA Administrator also said the administration would insert “DPA language” into the mass contracts for the federal government’s order of 500 million personal protective masks.

“So we’re going to use it. We’re going to use it when we need it. And we’re going to use it today,” Gaynor reiterated. “We want to be thoughtful and meaningful on how we do it again for the best result,” he added.

However, Gaynor later went on Fox & Friends to say that the law would be used narrowly as “leverage,” and still asked for local officials to bear the brunt of the burden.  

“We ask every governor — if you can find it, buy it. We are ready to use the Defense Production Act,” he said. “If we need as it leverage, we have it as leverage now.”

NY Needs Help Now 

But securing more tests still doesn’t address those who are in desperate need of other life-saving equipment. New York, for instance, has been very public about their shortages. 

Cases around the state are already well over 25,000 and the spread doesn’t appear to be slowing. In fact, Governor Andrew Cuomo said during a Tuesday news conference that the rate of infections in the state is doubling about every three days.

He stressed that he believed New York is just 14-21 days away from its apex and will need 140,000 hospital beds on top of the 30,000 ventilators it already needs.

He said the state has “exhausted every option” to combat the spread of the virus and criticized FEMA, questioning why the DPA isn’t being used to produce ventilators. 

“FEMA says, ‘we’re sending 400 ventilators.’ Really? What am I going to do with 400 ventilators when I need 30,000?” Cuomo said. “You pick the 26,000 people who are going to die because you only sent 400 ventilators.”

Shortly afterward, Vice President Mike Pence admitted during a Fox News town hall that New York is “truly the epicenter of the coronavirus now in our country.”

He added, “We’re in the process of literally sending the entire national stockpile out.”

“Earlier today, FEMA from the national stockpile shipped 2,000 ventilators to the state of New York, and tomorrow there will be another 2,000 ventilators shipped from the national stockpile. We have a ways to go yet.”

See what others are saying: (Politico) (The WallStreet Journal) (CNBC) 

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Campaign Season Gets Rolling This Month With Primaries in 13 States

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Several of the contests taking place this month will serve as important tests for Trump-backed candidates and how much power the former president still has over the GOP.


May Primaries Start With Key Race in Ohio

The 2022 midterm season is officially heating up this month with 13 states heading to the polls.

Voters in Indiana and Ohio will kick off the busy month on Tuesday with several highly anticipated races, including one closely watched contest for the seat being vacated by long-time Senator Rob Portman (R-Oh.)

The fight for Portman’s seat has been a heated one: candidates have spent tens of millions of dollars, held numerous debates and forums, and at one point, two of them even got into a physical confrontation. 

The main reason there are so many eyes on this race is because it will prove to be a key test for former President Donald Trump and the influence he has over the party. While Portman has generally been moderate and, at times, more readily critical of Trump than many others in his party, the Republican primary campaign has basically been a fight to see who is the most in line with Trump.

According to FiveThirtyEight, all but one of the seven Republican senate candidates embraced the former president’s election fraud lies as they fought for his coveted endorsement in a state he won by eight points in both 2016 and 2020.

Trump, for his part, ultimately ended up endorsing Hillbilly Elegy author J.D. Vance in a move that surprised many, because Vance had previously been vocally opposed to the former leader and his competitors had spent months running ads noting that fact.

However, the fight for Trump’s backing appears to have been worth it. Last week, a Fox News poll found that support for Vance has surged by double-digits since Trump’s endorsement, making him the front-runner.

Still, as FiveThirtyEight reports, “other factions of the party haven’t given up the fight either — which means the primary will be a direct test of how much clout Trump has when other Republican elites dare to defy him.” 

Meanwhile, there are also concerns regarding the ongoing legal battle over Ohio’s congressional map and the confusion that has caused for the state’s election calendar. For weeks, it was widely believed the state’s primaries would be pushed back after the Ohio Supreme Court ordered GOP lawmakers to redraw their map.

The map had been gerrymandered to give Republicans 12 out of the 15 congressional seats in the state even though they had only won around 55% of the popular vote. Ohio voters also previously passed a constitutional amendment in 2018 that effectively banned partisan gerrymandering.

The election, however, is still going forward anyway, even as early voting was down a whopping 40% from the last election, and the legislative races will not be on the ballot Tuesday, meaning there will have to be a second primary, which will likely drive down turnout even more.

Other Major Races This Month

There are also other notable contests scheduled for later this month. On May 17, there will be two additional races for seats vacated by Republican senators in North Carolina and Pennsylvania that will serve as important indicators of the former president’s sway over the party.

Meanwhile, in Georgia, the main Trump test focuses on two statewide races for the positions currently held by Gov. Brian Kemp (R) and Secretary of State Brad Raffensperger (R). The two infamously angered Trump after they refused to help him overturn the election, and as a result, many are watching to see if the former president’s full-fledged pressure campaign against them will work.

In Georgia and other battlegrounds voting this month, Democrats are also hoping they can make inroads — particularly in Pennsylvania. But recent polls have not painted a good picture for the party. Last week, an NPR/PBS NewsHour/Marist poll found that 47% of voters said they were more likely to vote for the Republican in their district, while just 44% said they would back Democrats. 

The poll marked the first time in eight years that a Marist survey found the GOP with an advantage for congressional ballot tests. 

See what others are saying: (NPR) (FiveThirtyEight) (PennLive)

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New York’s Highest Court Strikes Down Democrat-Gerrymandered Map

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The move represents a major blow to Democrats, who stood to gain as many as three seats in Congress if their map had been accepted.


Appeals Court Ruling

The New York State Court of Appeals struck down a congressional map drawn by the state’s Democrats Wednesday, dealing the party a major blow.

In the decision, the state’s highest court agreed with Republicans who had argued that the map was unconstitutionally gerrymandered to benefit Democrats. The justices called the map “substantively unconstitutional as drawn with impermissible partisan purpose.”

The court also condemned the Democrats for ignoring a constitutional amendment approved by voters in 2014 that aimed to limit political influence in redistricting, which included the creation of an independent entity to draw maps that the legislature would then vote on. However, the commission created to prevent partisan gerrymandering was unable to decide on a map because of its own partisan stalemate. As a result, Democrats in the legislature took it upon themselves to draw a final map.

But the version that the legislature passed and New York Gov. Kathy Hochul (D) signed into law re-drew lines so that Democrats could have gained as many as three new seats in the U.S. House of Representatives. 

Such gains would be highly significant in the upcoming 2022 midterm elections, where Republicans are expected to make substantial gains and may very well take back the House. Unsurprisingly, Republicans sued, and a lower court struck down the map.

In their order, the Appeals Court justices took away the legislature’s ability to make the map and instead delegated that power to a court-appointed “neutral expert.” 

While the judges did say there was enough time to finish the map before the primary elections in June, they also added that the Congressional contests would likely need to be moved to August. Races for governor and other statewide officials, however, would stay the same.

Broader Trends

The Appeals Court ruling is unique in that it targets Democrats, but it also comes as part of the broader trend of state courts cracking down on gerrymandering — though most other instances have stemmed from GOP-drawn maps.

In just the first four months of 2022, state courts in Ohio, North Carolina, Kansas, and Maryland have all struck down redistricting plans crafted by lawmakers.

Unlike the New York ruling, some of those other courts have implied that they will still allow those maps to be used in the 2022 elections. Such a decision would very likely disadvantage Democrats even more.

See what others are saying: (The New York Times) (NPR) (The Washington Post)

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McCarthy Warned Far-Right Lawmakers Could Incite Violence After Jan. 6 in New Audio of Leaked Call

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The conversations represent a marked difference from the public efforts of McCarthy and other Republican leaders to downplay their members actions.


Leaked Audio

Four days after the Jan. 6 insurrection, House Minority Leader Kevin McCarthy (R-Ca.) expressed concern about far-right Republicans inciting violence and openly voiced support for censoring them on Twitter, according to audio published by The New York Times on Tuesday.

The recordings, which come from a call among party leaders and aides on Jan. 10, are by far the clearest evidence top Republicans acknowledged that their members played a role in stoking violence before the insurrection and threatened to do so after.

They also emphasize the vast difference between what top Republicans, especially McCarthy, said behind closed doors, and how they downplayed and ignored the actions of their members in public. 

One of the most notable elements of these recordings is that McCarthy and the others explicitly identified several individuals by name. They focused mainly on Reps. Matt Gaetz (R-Fl.) and Mo Brooks (R-Al.) as the primary offenders.

In the audio, McCarthy can be heard flagging Gaetz right off the bat.

“Tension is too high. The country is too crazy,” he added. “I do not want to look back and think we caused something or we missed something and someone got hurt. I don’t want to play politics with any of that.” 

Specifically, McCarthy and the others talked about how Gaetz had gone on TV to attack multiple Republicans for being unsupportive of former President Donald Trump after Jan. 6. They particularly expressed concern over his targeting of Rep. Liz Cheney (R-Wy.), who was a member of the leadership team and had already been facing threats.

Others on the call also noted that Brooks had spoken at the rally before the insurrection, where he made incendiary remarks that many have viewed as direct calls to violence. McCarthy said the public comments from his members “have to stop,” adding he would call Gaetz and have others do the same to tell him that this “is serious shit” and “to cut this out.”

Rep. Steve Scalise (R-La.), the second-ranking House Republican, asserted at one point that Gaetz’s actions were “potentially illegal.” 

“Well, he’s putting people in jeopardy, and he doesn’t need to be doing this,” McCarthy responded. “We saw what people would do in the Capitol, you know, and these people came prepared with rope, with everything else.”

Republicans on the call also mentioned incendiary remarks from other members, including Reps. Louie Gohmert (R-Tx.), Barry Moore (R-Al.), and Lauren Boebert (R-Co.). Cheney pointed to Boebert as a security risk, noting she had tweeted out incredibly sensitive information about the movements of top leaders like House Speaker Nancy Pelosi (D-Ca.) during the attack on the Capitol.

“Our members have got to start paying attention to what they say, too, and you can’t put up with that shit,” McCarthy added later. “Can’t they take their Twitter accounts away, too?”

McCarthy in Hot Water

The newly published recordings also come just days after The Times reported that McCarthy had told members on a call after the insurrection that he would urge Trump to resign.

McCarthy initially called the reporting “totally false and wrong,” but shortly after his denial, The Times received permission from their source to publish audio where he can be heard saying precisely that.

McCarthy, for his part, has tried to spin the situation, claiming that his remarks were still true because he never actually followed through on the plan to call Trump. 

Still, the situation prompted widespread backlash from the far-right faction of the Republican party. 

Multiple people expressed hesitancy about their support for McCarthy as Speaker of the House if Republicans take control of the chamber in the midterm elections. Some said they could not trust him.

Speaking on his show Tuesday, Foxs News host Tucker Carlson called McCarthy “a puppet of the Democratic Party.”

Gaetz also responded with ire, tweeting out a statement in which he referred to the call as “sniveling” and said of McCarthy and Scalise: “This is the behavior of weak men, not leaders.”

Other members mentioned in the call, however, appeared to brush it off. In a statement to Axios, Moore claimed that the story was engineered by “RINOS” (Republicans in Name Only), and that “Republicans will be more united than ever after taking back the House this November.”

It currently remains unclear whether these revelations with pose any long-term threat to McCarthy, but if Trump is any indication of the far-right party line, the House leader may be in the clear.

After The Times published the audio of McCarthy saying Trump should resign, the former president told The Wall Street Journal that the relationship between the two men was untroubled.

“I think it’s all a big compliment, frankly,” he added. “They realized they were wrong and supported me.”

See what others are saying: (The New York Times) (Axios) (The Washington Post)

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