- On Tuesday, President Trump threatened to veto the $740 billion annual defense spending bill if Congress does not repeal Section 230 of the Communications Decency Act.
- Section 230, which became law in 1996, gives social media companies the ability to moderate posts on their platforms without liability. It also shields them from lawsuits for what people post on those platforms.
- Both Democrats and Republicans have argued that the section should be revised but for different reasons.
- It is unlikely that Congress will completely repeal the law and bend to Trump’s threat.
- If Trump does veto the defense bill, that could potentially be overridden by Congress. If it’s not, the process for proposing and passing the bill would begin anew in January and would possibly not be passed until President-elect Joe Biden takes office.
Trump Threatens to Veto Defense Spending
President Donald Trump stepped up his attack on big tech companies Tuesday night in a novel way: by threatening to veto the country’s annual defense spending bill, which Congress is scrambling to pass before it goes on break for the holidays.
In a pair of tweets, Trump railed against Section 230, which gives social media companies the ability to moderate posts on their platforms without liability.
“Our Country can never be safe & secure if we allow it to stand,” he said after calling the statute a threat to national security and election integrity.
“Therefore, if the very dangerous & unfair Section 230 is not completely terminated as part of the National Defense Authorization Act (NDAA), I will be forced to unequivocally VETO the Bill when sent to the very beautiful Resolute desk. Take back America NOW. Thank you!”
Section 230 allows companies like Twitter, without repercussion, to remove tweets that include false information and to mark other tweets if they are misleading — something it’s been actively doing against Trump’s tweets since May. In recent weeks, Twitter has flagged a flurry of Trump’s tweets pertaining to unfounded conspiracy theories about election fraud.
This isn’t the first time Trump has criticized Section 230. After he was first flagged in May, he signed an executive order instructing federal regulators to look into how to roll back parts of the section. With that, he argued Section 230 allows social media companies to engage in “anti-conservative bias.”
Trump’s attempt to repeal Section 230 hinges on what provision is contained in the final version of the NDAA, which totals roughly $740 billion this year. It’s an annual bill that shapes Pentagon policy by directing how funds are appropriated. That includes pay raises, troop levels, new weapons, and even how to compete with other world powers like China and Russia. Notably, this year’s defense bill includes a 3% pay raise for U.S. troops.
Congress has been working to finalize the bill this week. That’s because the House will break on Dec. 11 and the Senate on Dec. 18 for the holidays. With such a short time span before the new Congress comes in on Jan, 3, there is a rush to pass the bill. If this Congress doesn’t, the whole process will have to start over from scratch in January.
For the last 59 years, the NDAA has passed through Congress on a bipartisan basis.
Earlier this year, Trump had once already threatened to veto the NDAA if Congress voted to rename Army posts named after Confederate generals.
Will Section 230 Be Repealed or Amended?
Trump’s threats are not likely to fully repeal Section 230.
“It’s a fucking joke,” a senior House staffer told Politico. “This is a complex debate that has no business as an eleventh-hour airdrop.”
Several Republican members of Congress have also openly criticized Trump for the ultimatum and its timing.
Still, that doesn’t mean a reform to the section entirely out of the question.
In September, the Justice Department submitted legislation to Congress that would erode protections granted by Section 230. Like Trump, it also argued that tech companies have engaged in an “anti-conservative bias.” In fact, such an argument has become increasingly common among Republicans.
In October, the Federal Communications Commission said it would re-examine and clarify the meaning of Section 230, a move that could potentially change the protections the statute currently gives tech companies. Because of that, the agency was criticized by some as being a puppet of the Trump administration.
It’s not just Republicans who’ve criticized Section 230. Democrats also have problems with it, particularly because they say it still allows for harmful content to be spread online. For example, they’ve argued that platforms like Facebook haven’t done enough to crack down on election disinformation and hate speech.
According to The Washington Post, Republicans in recent days have suggested a trade that would involve bipartisan reforms to Section 230 in exchange for renaming the military bases named after Confederates. Reportedly, Democrats have largely dismissed that idea.
In fact, many Democrats have said they want to wait to discuss reforms to Section 230 until the next Congress begins.
What Happens If Trump Vetoes the NDAA?
If Congress doesn’t issue a total repeal of Section 230 (as expected), there could be several outcomes.
Trump could back down from his threat to sign the veto. Some analysts even expect him to back down, though others have been more skeptical about that claim. In its nearly six decades, the NDAA has never been vetoed by a president.
Congress could also override Trump’s veto. As it stands right now, each chamber has passed their own versions of the bill with enough bipartisan support to do just that. Still, it’s unclear if those margins will hold up once a final bill is negotiated between the chambers.
For reference, Congress hasn’t been able to override any of Trump’s eight vetoes during his time in office. On top of that, many Republicans would likely question whether to side with Trump or the Pentagon.
Finally, Trump could successfully veto the NDAA. If that happens, as noted earlier, the next Congress would then have to start the process over and likely wait until President-elect Joe Biden is in office to pass it.
See what others are saying: (Business Insider) (The Washington Post) (Politico)
House To Send Impeachment Article Monday, Starting Impeachment Trial Process
- Senate Majority Leader Chuck Schumer said the House will send the impeachment article against former President Donald Trump to the Senate on Monday, triggering the start of the impeachment trial process.
- The news comes one day after Senate Minority Leader Mitch McConnell requested that the trial be delayed until mid-February so that Trump’s legal team could have two weeks to prepare.
- The senators could still come to their own agreement to delay the start of oral arguments and give Trump’s team more time to file pretrial briefs.
- Some Democrats have signaled support for this move because it would give them extra time to confirm President Joe Biden’s nominations before the trial starts.
Pelosi To Send Impeachment Article
Senate Majority Leader Chuck Schumer (D-NY) said Wednesday that House Speaker Nancy Pelosi (D-Ca.) will send the impeachment article against former President Donald Trump to the Senate on Monday.
The move will officially trigger the start of the impeachment trial process. The announcement comes one day after Minority Leader Mitch McConnell (R-Ky.) requested that the trial be delayed until mid-February so that Trump’s legal team could have two weeks to prepare.
Despite Pelosi’s decision, the senators still could come to their own agreement to start the ceremonial proceedings but delay the start of oral arguments and give Trump’s team more time to file pretrial briefs.
In fact, Democrats, who have been pushing for a schedule that would allow them to still confirm President Joe Biden’s nominees before the trial proceedings start each day, have signaled that they might not oppose a delay because it would give them extra time for confirmations.
During his announcement this morning, Schumer indicated that the details were still being hashed out.
“I’ve been speaking to the Republican leader about the timing and duration of the trial,” he said. “But make no mistake a trial will be held in the United States Senate and there will be a vote on whether to convict the president.”
McConnell, for his part, responded by reiterating that his party will continue to press for Trump’s team to be given enough time.
“This impeachment began with an unprecedentedly fast and minimal process over in the House,” he said. “Senate Republicans strongly believe we need a full and fair process where the former president can mount a defense.”
While the leaders may not have worked out the particulars yet, according to reports, both parties have already agreed that this trial will be shorter than Trump’s first impeachment, which lasted three weeks.
Implications for Power-Sharing Deal
The new impeachment trial deadline could also speed up the currently stalled negotiations between Schumer and McConnell regarding how power will be shared in a Senate with equal numbers of Republicans and Democrats.
Democrats effectively control the Senate because Vice President Kamala Harris will be the deciding vote, but she cannot always be there to resolve every dispute.
As a result, McConnell and Schumer have been working to come up with a power-sharing deal for day to day operations, similar to one that was struck in 2001 the last time the Senate was split 50-50. However, those negotiations have hit a roadblock: the legislative filibuster.
The filibuster is the long-standing Senate rule that requires a supermajority of at least 60 senators to vote to end debate on a given piece of legislation before moving to a full floor vote. Technically, all 50 Democrats and Vice President Harris could agree to change the rule to just require a simple majority to legislation advance, or what’s known as the “nuclear option.”
That move, in effect, would allow them to get through controversial legislation without any bipartisan support, as long as every Democrat stays within party lines. Many more progressive Democrats have pushed for this move, arguing that the filibuster stands in the way of many of their and Biden’s top priorities.
Given this possibility, McConnell has demanded that Democrats agree to protect the filibuster and promise not to pursue the nuclear option as part of the power-sharing deal.
But top Democrats have rejected that demand, with many arguing that having the threat of filibuster is necessary to get Republicans to compromise.
In other words: if Republicans fear that Democrats will “go nuclear,” they will be more likely to agree to certain bills and measures to avoid that.
See what others are saying: (The New York Times) (Politico) (The Wall Street Journal)
Biden Signs 17 Executive Order During His First Day in Office. Here’s What You Need to Know
- In the first hours of his presidency, Joe Biden signed 17 executive orders and proclamations, many of which focused on rolling back Trump administration policies regarding immigration, the environment, and protections for minority groups.
- Biden also implemented several measures to tackle the coronavirus, including requiring masks to be worn on federal property and by federal employees. He is also expected to announce a new national strategy aimed at restructuring the federal response to the pandemic.
- On Thursday, Biden will also invoke the Defense Production Act, which would speed up the development and distribution of vaccine-related equipment.
Biden Rolls Back Trump Policies
President Joe Biden signed 17 executive actions and proclamations Wednesday afternoon. Many of his first acts in office are focused on rolling back several policies implemented by former President Donald Trump that Biden’s aides said have caused the “greatest damage” to the country.
“I thought there’s no time to wait, get to work immediately,” Biden told reporters present during the signed of several of the orders.
Here is a breakdown of some of the key measures Biden implemented.
Biden immediately ended all construction on the border wall by overhauling the national emergency declaration Trump had enacted to divert billions in federal funds to his central campaign promise.
The new president also expanded protections under the Deferred Action for Childhood Arrivals program (DACA) and overturned a Trump policy that made immigration enforcement more strict and
In similar actions, he also ended the travel ban on multiple Muslim-majority countries and revoked a Trump administration order that would have excluded non-citizens from the 2020 Census count.
One of the most significant actions Biden took was signing a letter to rejoin the Paris Climate Agreement. It will take 30 days for the return to go into effect.
The president also issued a sweeping order that reversed a number of the Trump administration’s environmental policies, including revoking the permit for the Keystone XL pipeline, re-establishing a working group to look into the social costs of greenhouse gasses, and temporarily banning oil and natural gas leases in the Arctic National Wildlife Refuge.
Justice for Minority Groups
In one far-reaching order, Biden directed all federal agencies to review equity in their programs and policies. They are required to issue a report within 200 days that, among other things, details how each will remove barriers to opportunities and ensure all Americans have equal access to federal resources.
Biden also ended Trump’s policy that limited federal agencies, contractors, and other organizations from holding diversity and inclusion training. The same order also disbanded the 1776 Commission created by Trump to study his claims that the education system was too liberal in its teaching of American history.
In a separate order, the president issued changes that will broaden federal protections against sex discrimination to include LGBTQ+ Americans, reversing a previous action by Trump.
As part of a broad measure aimed at general accountability in the executive branch, Biden issued an order that will establish ethics rules for all people in his administration. The same order will also require all executive branch appointees to sign an ethics pledge.
Separately, the president additionally froze all new regulations Trump had put in place during his last few weeks in office until they can be further evaluated.
Economy and Coronavirus
Chief among Biden’s first acts in office were his plans for the coronavirus pandemic and the damage it has caused to the American people.
In terms of financial relief, Biden extended the ban on evictions and foreclosures and paused student loan payments until September.
As for direct actions concerning the pandemic, the president imposed a mask mandate for all federal employees and anyone on federal property. He also signed an extensive order aimed at restructuring the federal response to the pandemic.
Biden is expected to enact more policies in regards to the coronavirus in the coming days, including taking more executive actions to ramp up testing and vaccine distribution, safely reopening schools and businesses, and provide more money to states to help carry out those efforts, among other things.
To achieve these goals, he will also invoke the Defense Production Act, which will compel American companies to manufacture supplies for the pandemic response such as PPE and other items needed for vaccines.
See what others are saying: (The New York Times) (ABC News) (The Washington Post)
U.S. To Join WHO-led Vaccine Distribution Plan as Biden Implements a Flurry of COVID-19 Executive Orders
- Dr. Anthony Fauci indicated Thursday that President Joe Biden will join COVAX, a World Health Organization-led COVID-19 vaccine distribution plan.
- Fauci’s announcement comes one day after Biden signed an executive order reversing former President Donald Trump’s plan to remove the United States from the WHO.
- Among other orders, Biden plans to implement a mask mandate for airports, planes, trains, and other forms of interstate travel. He has already ordered masks to be worn on all federal property.
- Biden is also expected to invoke the Defense Production Act on Thursday, which would speed up the development and distribution of vaccine-related equipment.
U.S. To Join COVAX
Just one day after President Joe Biden signed an order to keep the United States in the World Health Organization, Dr. Anthony Fauci said the country will join its global COVID-19 vaccine distribution plan.
That plan, COVAX, is a collaborative effort between 92 countries to ensure that COVID vaccines aren’t only distributed in wealthy countries.
The idea behind the plan is that establishing a global herd immunity will be much more effective at curbing the spread of the virus than just establishing herd immunity in countries that can afford to buy large quantities of the vaccine, especially when international travel picks back up.
The plan is not without its shortcomings. Earlier this week, the WHO stated that some countries participating in COVAX have been disregarding the plan and buying large quantities of vaccines for themselves.
Nonetheless, in a video conference call Thursday morning with the WHO’s executive board, Fauci — now chief medical advisor to the president — said the Biden administration believes it can inoculate every American while also helping people in other countries.
Biden’s plan to join COVAX is a stark contrast from the Trump administration, which refused to participate in the program.
Fauci said Biden will issue the directive to join COVAX later Thursday.
Additionally, Fauci noted that the U.S. once again “intends to fulfill its financial obligations” to the WHO.
In his attempt to leave the organization, Trump cut off payments from the U.S.; however, his administration never got the chance to fully cut ties with the organization because the U.S. wasn’t scheduled to officially leave until July of this year.
Biden Signs Mask Mandate, Other Orders To Come
Among other COVID-related executive orders signed Wednesday, Biden implemented a national mask mandate for people on federal property.
Sometime Thursday, Biden is also expected to sign another order requiring masks to be worn in airports, as well as on airplanes, trains, and other interstate transit systems.
Also on Thursday, Biden is also expected to sign an order that will establish a COVID-19 testing board. Once implemented, the board will be responsible for increasing testing rates, addressing supply shortfalls, and determining the rules and regulations for international travelers coming into the U.S. It will also have the power to distribute resources to minority communities that have been disproportionately affected by the virus.
On top of that, Biden plans to sign an order that will direct the Federal Emergency Management Agency to reimburse states and Native American tribes for their emergency response efforts. Notably, those reimbursements include costs related to reopening schools.
Finally, Biden is expected to invoke the Defense Production Act on Thursday. Such a move would speed up the production of masks and other equipment needed to help administer vaccines.