Month: September 2023
How corrupt can one man be? Here are the 16 articles of impeachment Ken Paxton faces
By Chuck Lindell and James Barragán The Texas Tribune
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The Texas House adopted 20 articles of impeachment against state Attorney General Ken Paxton in late May on a 121-23 vote, with 60 Republicans in favor as 23 opposed. Paxton was immediately suspended from office, without pay, upon approval of House Resolution 2377.
When the Senate adopted its rules for the trial, however, senators elected to hear evidence on 16 articles — holding four in abeyance that were largely related to 2015 criminal charges against Paxton for private business deals in 2011 and 2012. At the end of the trial, a majority of senators can vote to dismiss the four remaining articles, but if the motion to dismiss is rejected, the presiding officer will set a trial date on those four accusations.
With the Senate sitting as a court of impeachment beginning Monday, these 16 articles will form the basis of Paxton's trial:
Article 1, disregard of official duty
Paxton violated the duties of his office by failing to protect a charitable organization by directing employees to intervene in a lawsuit between the nonprofit Mitte Foundation and Austin real estate investor Nate Paul, a Paxton friend and political donor. “Paxton harmed the Mitte Foundation in an effort to benefit Paul,” the resolution said.
Article 2, disregard of official duty
Paxton misused his official power to issue written legal opinions to help Paul avoid foreclosure sales of properties owned by Paul and his businesses. Paxton concealed his actions by soliciting state Sen. Bryan Hughes, R-Mineola, to seek the attorney general’s opinion as a “straw requestor,” the resolution said, adding that Paxton also directed employees to reverse their legal conclusions in ways that helped Paul.
Article 3, disregard of official duty
Paxton misused his official power to administer the state’s public information laws by directing employees to act contrary to the law on an open records request for Department of Public Safety documents and in another unspecified case.
Article 4, disregard of official duty
Paxton misused his power to administer public information laws to obtain previously undisclosed information held by his office “for the purpose of providing the information to the benefit of Nate Paul,” the resolution said.
Article 5, disregard of official duty
Paxton misused his official powers by violating the laws regarding how outside attorneys should be appointed. Paxton hired Brandon Cammack, a lawyer of five years, to investigate a “baseless complaint” made by Paul, who had accused federal and state investigators of improperly searching his home and businesses. Cammack responded by issuing 30 grand jury subpoenas in an effort to help Paul, the resolution said.
Article 6, disregard of official duty
Paxton violated his duties of office by firing or retaliating against employees in violation of the Texas Whistleblowers Act, which protects public employees who make good-faith reports of potentially illegal action to law enforcement.
“Paxton terminated the employees without good cause or due process and in retaliation for reporting his illegal acts and improper conduct,” the resolution said. “Furthermore, Paxton engaged in a public and private campaign to impugn the employees’ professional reputations or prejudice their future employment.”
Article 7, misapplication of public resources
Paxton misused public resources by directing employees to conduct a “sham investigation” into the whistleblowers’ complaints, leading the attorney general’s office to publish “a lengthy written report containing false or misleading statements in Paxton’s defense.”
In August 2021, the attorney general’s office issued an unsigned, 374-page internal report clearing him of wrongdoing in the allegations made by the fired employees.
Article 8, disregard of official duty
Paxton misused his official powers by “concealing his wrongful acts in connection with the whistleblower complaints.” To settle the whistleblowers’ lawsuit, Paxton agreed to pay them $3.3 million from public funds. The agreement “conspicuously delayed the discovery of facts and testimony at trial, to Paxton’s advantage” and deprived voters of the opportunity to make an informed decision in the 2022 election for attorney general, the resolution said.
Article 9, constitutional bribery
Paxton engaged in bribery in violation of Article 16 of the Texas Constitution when he benefited from Paul’s decision to employ a woman “with whom Paxton was having an extramarital affair.”
“Paul received favorable legal assistance from, or specialized access to, the office of the attorney general,” the resolution said.
Article 10, constitutional bribery
Paxton engaged in bribery in violation of Article 16 of the Texas Constitution when Paul provided extensive renovations to Paxton’s Austin home. In return, Paul received favorable legal help from Paxton’s agency.
Article 15, false statements in official records
Paxton made, or caused others to make, multiple false or misleading statements in his office’s response to the whistleblowers’ claims in an effort to mislead the public and public officials. In August 2021, the attorney general’s office issued an unsigned, 374-page internal report clearing him of wrongdoing in the allegations made by the fired employees.
Article 16, conspiracy and attempted conspiracy
While in office, Paxton acted with others to conspire, or attempt to conspire, to commit the crimes described in the other articles.
Article 17, misappropriation of public resources
Paxton misused his official powers by causing employees to perform services for his benefit and the benefit of others.
The committee’s investigators said Paxton had diverted employees to perform work that benefited Paul, costing the state at least $72,000 in taxpayer-funded labor. He also hired Cammack for $25,000.
Article 18, dereliction of duty
Paxton violated the Texas Constitution, his oaths of office, plus statutes and public policy against public officials acting against the public interest.
Article 19, unfitness for office
Paxton engaged in private and public misconduct, described in the articles, that “indicate his unfitness for office,” the resolution said.
Article 20, abuse of public trust
Paxton subverted the lawful operation of Texas government by using, misusing or failing to use his official powers and obstructed the fair and impartial administration of justice, bringing the attorney general’s office “into scandal and disrepute,” which harmed the public’s confidence in the state’s government.
These four articles were held in abeyance:
- Article 11, obstruction of justice — Paxton abused the judicial process to thwart justice by causing “protracted” delays after a Collin County grand jury indicted him for securities fraud for soliciting investors in Servergy Inc. without disclosing that the McKinney tech company was paying him to round up investors. Those delays “deprived the electorate of its opportunity to make an informed decision when voting for attorney general,” the resolution said.
- Article 12, obstruction of justice — Paxton abused the judicial process to thwart justice when Jeff Blackard, a donor to his campaigns, took legal action that “disrupted payment of the prosecutors” in the securities fraud case against him, causing a protracted delay in the case.
- Article 13, false statements in official records — Before and after holding public office, Paxton made false statements to mislead the public and public officials by lying to the State Securities Board during its investigation of Paxton’s failure to register as an investment adviser as required by state law.
- Article 14, false statements in official records — Before and during his time in office, Paxton made false statements on personal finance statements required by Texas law by failing to “fully and accurately disclose his financial interests” on disclosure forms.
This article originally appeared in The Texas Tribune.
The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy.
MTG says White House ‘attacking’ her for holding out government funding vote until impeachment inquiry begins
Rep. Marjorie Taylor Greene, R-Ga., on Saturday pushed back on criticism from the White House over her recent comments saying she would vote against funding the government if the House of Representatives does not open an impeachment inquiry against President Biden.
House Republicans are considering a vote on whether to open an impeachment inquiry into the president over allegations of corruption for overseas business dealings with his son Hunter Biden, who Republican lawmakers say used his father's status when he was vice president to influence business deals in Ukraine and elsewhere.
Greene said she would refuse to vote for any government spending to avoid a shutdown if the House elects not to open an impeachment inquiry.
"The White House is attacking me for demanding an impeachment inquiry before I’ll vote to fund one penny to our over bloated $32 TRILLION dollar in debt failing government," Greene wrote in a thread on X, the platform formerly known as Twitter.
"We have the evidence they have desperately been trying to hide to just ask the question," she continued. "Should we inquire? Should we just take a look? Dare we investigate further? The answer is YES but the White House is outraged at my audacity to demand it."
The White House reacted to remarks Greene made at her Floyd County Town Hall on Thursday, when she said she would not vote to fund the government if Congress does not vote on an impeachment inquiry into the president, defund "Biden's weaponization of government," eliminate any COVID-19 mask and vaccine mandates and eliminate U.S. funding for Ukraine's war against Russia.
A spokesperson for the White House said Greene was part of the "hardcore fringe" of the Republican Party.
HOUSE REPUBLICAN LEADERS WANT TO LAUNCH BIDEN IMPEACHMENT INQUIRY NEXT MONTH, SOURCES SAY
"The last thing the American people deserve is for extreme House members to trigger a government shutdown that hurts our economy, undermines our disaster preparedness, and forces our troops to work without guaranteed pay," spokesperson Andrew Bates said in a statement.
House Speaker Kevin McCarthy, R-Calif., has indicated he would move forward with an impeachment inquiry into Biden and his family's foreign business dealings, but only if there is a formal House vote, which could come as soon as this month when the legislative session resumes.
The deadline to fund the government is September 30 and McCarthy has told House GOP colleagues that he expects to move toward a short-term measure to avoid a government shutdown while the Republican-held House and Democrat-held Senate attempt to come to an agreement on a long-term budget.
The government's new fiscal year begins on October 1, when funding approval is required to avert closures of federal offices.
Biden cites busy schedule when asked about visiting East Palestine, Ohio: ‘It’s going to be awhile’
President Joe Biden cited his hectic schedule when he was asked Saturday why he had not yet visited East Palestine, Ohio, months after the town was devastated by a train derailment that polluted the environment and contaminated water.
The president's press conference in Live Oak, Florida, came in the wake of Hurricane Idalia, which caused up to $20 billion worth of damage in the Southeastern U.S., according to FOX Weather. Biden was speaking about the federal government's efforts to provide assistance to impacted Floridians, when he was asked about the small Ohio town.
"Well, I haven't had the occasion to go to East Palestine," Biden began. "There's a lot going on here, and I just haven't been able to break."
"I was thinking whether I'd go to East Palestine this week, but I was reminded I've got to go literally around the world," the president continued. "I'm going from Washington to India to Vietnam."
Biden then reassured the crowd that the federal government will provide East Palestine with necessary resources in the wake of the disaster.
"And so it's going to be a while. But we're making sure that East Palestine has what they need materially in order to deal with their problems," he concluded.
East Palestine was devastated by a derailed freight train on Feb. 3, which spewed toxic chemicals and caused health and environmental worries for locals. Though officials reassured the public that the town's air and water were safe, residents claimed to suffer from nausea, dizziness and headaches in the days after the disaster.
HOUSE REPUBLICAN LEADERS WANT TO LAUNCH BIDEN IMPEACHMENT INQUIRY NEXT MONTH, SOURCES SAY
Biden promised to visit East Palestine "at some point" when asked about it March 2. According to Senator J.D. Vance, cleanup efforts are still ongoing, with "thousands of tons" of local soil still containing chemicals.
During an August flight to Milwaukee, Biden nearly flew over East Palestine, which invited criticism from Ohio Republicans.
"One hundred and sixty-six days ago, Joe Biden promised he would visit East Palestine. He has failed to keep that promise," Senator J.D. Vance said in a previous statement. "Not only has Joe Biden refused to visit East Palestine, but he has also refused to grant critical assistance to the recovery effort."
Fox News Digital reached out to the White House for a statement, but has not heard back.
Fox News Digital's Brandon Gillespie contributed to this report.
Greene responds to criticism over impeachment comments: ‘The White House is attacking me’
Biden administration faces increasing pressure from the left on border, immigration policies
The Biden administration, while taking heat from the right over what conservatives claim are "open-border" policies that mark a significant change from the Trump era, is also receiving loud criticism from left-wing politicians and activist groups.
Left-leaning figures say the administration has not done enough to make what they see as progress. That criticism was on display this week when Rep. Alexandria Ocasio-Cortez, D-N.Y., took aim at the administration over its handling of immigration.
"Immigration is arguably this administration’s weakest issue. This is one area where our policy is dictated by politics, arguably more so than almost any other," Ocasio-Cortez said in an interview with The New York Times.
"There are very clear recommendations and suggestions that we have made to the administration to provide relief on this issue, and it’s my belief that some of the hesitation around this has to do with a fear around just being seen as approving or providing permission structures or really just the Republican narratives that have surrounded immigration."
KARINE JEAN-PIERRE RESPONDS TO AOC: BIDEN HAS ‘DONE MORE THAN ANYBODY’ TO SECURE THE BORDER
She also joined a chorus of Democrats who have demanded the administration open up work authorizations and take other measures to protect those in the country illegally from deportation.
"The Biden administration’s refusal to open up work authorizations or extend temporary protective status really prevents us from doing what we do best, which is allowing and creating an environment where immigrants from all over the world can create a livelihood here," Ocasio-Cortez said.
AOC SKEWERS BIDEN ADMINISTRATION'S IMMIGRATION POLICIES: HIS 'WEAKEST ISSUE'
White House Press Secretary Karine Jean-Pierre responded to the criticism, noting that the president had put forward immigration reform legislation, which had been rejected by Republicans, whom she blamed for making it an "incredibly political issue."
"Look, the president has done what he can from — from here, from the federal government, from the White House — to put forth and manage our border in a safe and humane way to respect the dignity of every human, as he says all the time, and making sure that our communities are safe. And you have seen him do that," Jean-Pierre said.
"But the system is broken. We want to do this in a bipartisan way. Republicans refuse to do that."
She then said Biden "has done more to secure the border and to deal with this issue of immigration than anybody else."
The criticism from Ocasio-Cortez marks the latest example of criticism from the left the administration has faced. In August, Rep. Jamaal Bowman, D-N.Y., said the president needed to show "leadership" as New York faced its own migrant crisis.
"Here's the thing. Democrats are looking bad right now in New York state, and that's unacceptable when we have to win at least four congressional seats to take back the House," Bowman said. "So, hopefully the president is listening."
Several top Democrats in New York, including NYC Mayor Eric Adams and Gov. Kathy Hochul, have similarly blasted the lack of action from the federal government. Adams bristled at a list of recommendations provided by the government to better handle the migrant crisis this week.
"Don't critique what we've done. Don't tell us how we could have done it better," Adams said, accusing the government of being a "detached spectator." DHS has noted that it has funded New York to the tune of $140 million since October.
The criticism comes as the administration is facing a grueling legal challenge launched by the American Civil Liberties Union and other groups to challenge its asylum rule, which makes illegal immigrants ineligible for asylum if they have crossed through another country without claiming asylum. That rule brought charges from the left that it was violating the right to asylum.
DHS CALLS FOR IMPROVEMENTS TO NYC'S MIGRANT CRISIS OPERATIONS AS ADAMS PUSHES BACK
The rule was initially blocked, but it has been allowed to remain in place as the Biden administration’s appeal moves through the courts.
"The ruling is a victory, but each day the Biden administration prolongs the fight over its illegal ban, many people fleeing persecution and seeking safe harbor for their families are instead left in grave danger," Katrina Eiland, deputy director of the ACLU’s Immigrants’ Rights Project, said a statement after the ruling.
In May, Menendez, along with senators Ben Ray Luján, D-N.M., and Alex Padilla, D-Calif., said the administration should "reset" its policies and accused it of pushing forward with a "harmful transit ban that fundamentally limits access to our nation’s asylum system."
Last month, Menendez led 64 members of Congress in demanding that the administration stop conducting credible fear screenings of migrants in CBP custody, calling such a move "inherently problematic."
As that pressure remains from the left, conservatives are still hammering the administration. Some Republicans have called for the impeachment of DHS Secretary Alejandro Mayorkas, and arguments began last week from Republican states challenging a separate parole policy.
Fox News' Brianna Herlihy and Liz Elkind contributed to this report.
Texas A.G.‘s Bombshell Impeachment Trial Set To ‘Fracture’ State GOP
McCarthy says Biden impeachment inquiry would need House vote, in departure from Pelosi and Democrats
House Speaker Kevin McCarthy, R-Calif., on Friday said an impeachment inquiry against President Biden will only move forward if there is a formal House vote.
"To open an impeachment inquiry is a serious matter, and House Republicans would not take it lightly or use it for political purposes. The American people deserve to be heard on this matter through their elected representatives," McCarthy told Breitbart News in a statement. "That’s why, if we move forward with an impeachment inquiry, it would occur through a vote on the floor of the People’s House and not through a declaration by one person."
McCarthy's position is a departure from how his predecessor Rep. Nancy Pelosi, D-Calif., handled the first impeachment inquiry against former President Donald Trump. In 2019, Pelosi unilaterally proclaimed that the House would advance an impeachment inquiry against Trump after the controversy over his infamous phone call with Ukrainian President Volodymyr Zelenskyy.
"This week, the president has admitted to asking the president of Ukraine to take actions which would benefit him politically," Pelosi said on Sept. 24, 2019. "Therefore, today, I'm announcing the House of Representatives is moving forward with an official impeachment inquiry. I'm directing our six committees to proceed with their investigations under that umbrella.
HOUSE REPUBLICAN LEADERS WANT TO LAUNCH BIDEN IMPEACHMENT INQUIRY NEXT MONTH, SOURCES SAY
"The president must be held accountable," she continued. "No one is above the law."
Initially, the Trump White House refused to cooperate with the investigation, raising concerns that the whole House had not voted to launch the inquiry. It wasn't until weeks later, on Oct. 31, 2019, that the House would authorize the impeachment inquiry by a vote of 232 to 196.
A McCarthy spokesperson did not immediately respond to a request for comment.
Sources told Fox News Digital that House Republican leaders are looking to launch an impeachment inquiry against Biden this month.
TOP OVERSIGHT DEMOCRAT URGES COMER, REPUBLICANS TO SUBPOENA TRUMP'S SON-IN-LAW JARED KUSHNER
McCarthy told GOP lawmakers in a members-only conference call on Monday night that an impeachment inquiry is "the natural progression from our investigations that have been going on," one Republican who has been granted anonymity to discuss the call said.
The lawmaker said Judiciary Chair Jim Jordan, R-Ohio., informed members on an earlier call that McCarthy suggested the House would vote on opening an impeachment inquiry next month.
"What Jim Jordan said was that McCarthy told him that it was…coming to the floor in September," the lawmaker said.
A source familiar with the discussions similarly told Fox News Digital that McCarthy told several conference members that Congress’ probes have enough momentum to push for an impeachment inquiry in the fall after lawmakers return from August recess.
HOUSE REPUBLICANS LAUNCH INVESTIGATION INTO CAUSE OF MAUI WILDFIRES
The president and his son Hunter Biden are under scrutiny by three separate House GOP-led committees over allegations of bribery and other corruption in the latter’s foreign business dealings. They are also looking into a plea deal nearly struck between Hunter Biden and the Justice Department in a years-long investigation into the First Son’s taxes – though that deal has since fallen apart.
The House of Representatives is returning from its six-week August recess on Sept. 12, at which point the impeachment inquiry will likely take a backseat to Congress’ race to strike a deal on funding the government by Sept. 30 – otherwise risking a partial government shutdown.
Fox News' Elizabeth Elkind contributed to this report.
Texas AG Ken Paxton’s impeachment trial is in the hands of Republicans who have been by his side
Abbreviated Pundit Roundup: Humiliation but no remorse
Ruth Ben-Ghiat/Resolute Square:
Why Mark Meadows' Mug Shot Haunts Me
The former GOP Congressman entered Trump's inner circle already mildly corrupt, refused his leader nothing, and exited as an accomplice to the greatest political crimes of modern American history.Meadows’ mug shot, which displays a mix of anger and exhaustion, is an artifact from a particular tradition: political elites who enabled authoritarians and then found themselves on the wrong side of history. He glares at the camera, likely not quite believing that this is actually happening to him. Although there is a shade of humiliation, there is no visible remorse. Like so many others in the GOP, Meadows would likely do it all again if he knew it would succeed."It's never just the one individual, the bad actor," says consultant Dr. Alexander Stein, an expert on why people are led to engage in fraud and other criminal activities. "It's always the enablers and collaborators and all the other people who become enthralled by horrific behavior."
Here follows a theme of feuding state GOP party factions, some of which will hurt them in the next election cycle (but not all of which will).
Greg Bluestein/The Atlanta Journal-Constitution:
Georgia Republicans locked in battle over party’s future
AJC poll reveals how two blocs of GOP voters will shape 2024 primary and general electionTrump dominated the poll of likely primary voters with 57% of the vote — more than 40 percentage points ahead of his closest challenger, Florida Gov. Ron DeSantis, whose flagging campaign has endured multiple overhauls in the past month.But there are still deep misgivings about Trump among many of the other 43% of Republican voters who signaled they’re not in his camp. And if recent Georgia history is a guide, a small number of middle-of-the-road independent voters can decide an election in this swing state.
[...]
Republicans also need no reminder of what happened in last year’s midterm. That’s when Kemp and other mainstream GOP candidates defeated Democratic challengers by appealing to moderate and independent voters. Walker, meanwhile, aligned himself closely with Trump and his brand of politics — and wound up the only statewide Republican to lose.
Dan Merica/The Messenger:
Michigan House Republicans Urge Members to Call Paid Family Leave Plan ‘Summer Break for Adults’ (Exclusive)’
The comment compares caring for a new child or ailing family member to a summer vacation, while Republicans say it is about fraud in the proposed program
Operatives for Republicans in the Michigan House of Representatives are urging their members to call a paid family leave proposal by Democratic Gov. Gretchen Whitmer “summer break for adults,” according to a talking-points memo obtained by The Messenger.
Whitmer called for the state to pass a paid family leave plan during what was dubbed her “What’s Next” speech on Wednesday that outlined Democratic priorities for the end of 2023. Paid leave “helps workers be there for their families,” she said, giving them “breathing room to get better when you're sick, to bond with your baby or care for a family member.”
For the first time in decades, Democrats in the state won narrow majorities in the state House and Senate last November. That has given them broad leeway to pass a slew of policy proposals with the Democrat as governor.
The Michigan GOP may not be aware, but paid family leave is popular. OTOH, the Michigan GOP is in bad shape.
Michael Barajas/Bolts magazine:
The “Chief Lawbreaking Officer” of Texas Finally Faces Trial
Ken Paxton evaded scandal—criminal indictments, a staff revolt, a whistleblower lawsuit—for years. But his impeachment trial starts in the Texas Senate on Tuesday.
Paxton’s impeachment—the second ever of a statewide official in Texas—resulted in his suspension without pay and set up a trial in the Texas Senate, which is tasked with deciding whether to convict and permanently remove the attorney general.
The trial is scheduled to start on Sept. 5, in a chamber also controlled by the GOP, and at least some Republican senators would have to vote to convict him.
The impeachment has deepened a rift among Republicans who dominate Texas politics and often fight over how far to the right they should push the state, turning his trial into the latest battlefield for the factions jostling to control the party.
Nevada’s primary debacle has some GOP campaigns threatening to write off the state
A pro-Ron DeSantis super PAC has already ended door-knocking there. Now, another campaign says it may write off the state, accusing Trump of trying to "rig" the primary.Republican Party leaders in Nevada say they’re certain of one thing next year: They will hold a caucus on Feb. 8 to determine the state’s presidential primary winner.
The problem? Nevada officials have already scheduled a primary at the ballot box — two days earlier — to determine the state presidential primary winner.
The party plans to ban presidential candidates from taking part in its caucus if they appear on the state ballot, and will award delegates only to caucus participants.
But the possibility of a party-run caucus superseding the state primary is prompting clashes between the 2024 campaigns and party leaders.
Never Back Down (the Ron DeSantis PAC) trails Never Pays Bills (the Trump entity) by a lot.
Quinta Jurecic/Lawfare:
The Legal Profession Reckons With Jan. 6
Among the co-conspirators identified by Jack Smith and Fani Willis are a great number of lawyers—many of whom are also facing potential professional sanctions.
At one point during the Watergate scandal, White House Counsel John Dean put together a list of people whom he thought might face criminal prosecution as a result of the unfolding investigations. Looking over the document, he noticed that a number of the names shared something in common: Many of them were attorneys. Later, testifying before the Senate Watergate Committee, Dean recalled his astonishment at the realization: “How in God’s name could so many lawyers get involved in something like this?”
The same question might be asked of the indictment brought by Special Counsel Jack Smith charging Donald Trump over his role in working to overturn the 2020 election—and, following on its heels, the indictment in Fulton County, Georgia. Of the six unnamed co-conspirators described in the special counsel’s indictment, all five who have been definitively identified are lawyers—and the sixth may be as well. What’s more, of the whopping 19 defendants charged by Fulton County District Attorney Fani Willis, eight are attorneys—and at least two of the unindicted co-conspirators listed in the Fulton County indictment may be lawyers as well. (There’s significant overlap between the co-conspirators identified by Smith and the defendants charged by Willis.) As with Dean’s Watergate-era list, this does not make for a particularly flattering portrait of the legal profession.
Employers added 187,000 jobs in August, showing resilience but slower growth
The unemployment rate rose to 3.8 percent, because of workers joining the labor market and some job losses
The report also showed that wages were up 4.3 percent, a sharper annual increase than higher-than-desired inflation, which stood at 3.3 percent as of July, according to the Personal Consumption Expenditures price index released Thursday.
The August report caps 32 months of consecutive job gains, scoring a political victory for President Biden, who has endeavored to cement a pro-worker record as he gears up for his reelection campaign after getting pummeled for surging inflation last year.
Biden Appointees Just Made It Easier For Workers To Form Unions
A new landmark case from the National Labor Relations Board creates real consequences for illegal union-busting.When workers want a union, they typically gather signed cards and file for a secret-ballot election. But under the Cemex standard, when workers demonstrate they have majority support for a union, the onus is on the company to either recognize the union or promptly ask the NLRB to conduct an election to determine if a majority want union representation.
Then, if the company breaks the law in such a way that it warrants throwing the election results out, the board can order the company to recognize the union and start bargaining. There would be no “rerun” election, as there has been until now.
Matt Robison and Paul Hodes with Philip Bump (Washington Post columnist):