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Elon Musk dodges DOGE scrutiny while expanding his power in Washington
Law & Court News | 2025/02/08 19:25
Elon Musk made a clear promise after Donald Trump decided to put him in charge of making the government more efficient.

“It’s not going to be some sort of backroom secret thing,” Musk said last year. “It will be as transparent as possible,” maybe even streamed live online. It hasn’t worked out that way so far.

In the three weeks since the Republican president has been back in the White House, Musk has rapidly burrowed deep into federal agencies while avoiding public scrutiny of his work. He has not answered questions from journalists or attended any hearings with lawmakers. Staff members for his so-called Department of Government Efficiency, or DOGE, have sidelined career officials around Washington.

It is a profound challenge not only to business-as-usual within the federal government, which Trump campaigned on disrupting, but to concepts of consensus and transparency that are foundational in a democratic system. Musk describes himself as “White House tech support,” and he has embedded himself in an unorthodox administration where there are no discernible limits on his influence.

Donald K. Sherman, executive director of Citizens for Responsibility and Ethics in Washington, said Trump has allowed Musk to “exert unprecedented power and authority over government systems” with “maximal secrecy and little-to-no accountability.”

The White House insisted that DOGE is “extremely transparent” and shared examples of its work so far, such as canceling contracts and ending leases for underused buildings. House Republicans said the Trump administration also discovered that Social Security benefits were being paid to a dozen people listed as 150 years old.

“We’re going to find billions, hundreds of billions of dollars of fraud and abuse and, you know, the people elected me on that,” Trump said in a Fox News interview to be aired along with the Super Bowl on Sunday. He described Musk as “terrific” and said he would soon focus on the Department of Defense, the country’s largest government agency.

That is true, at least judging by Musk’s social media, where no thought appears to be suppressed. His X account is a flood of internet memes, attacks on critics and professions of loyalty to the president. He has made clear the grand scope of his ambitions, talking in existential terms about the need to reverse the federal deficit, cut government spending and roll back progressive programs.

“This administration has one chance for major reform that may never come again,” he posted on Saturday. “It’s now or never.”

Musk is used to doing things his own way. The world’s richest person, he became wealthy with the online payment service PayPal, then took over the electric car manufacturer Tesla and founded the rocket company SpaceX. More recently, he bought Twitter and rebranded it as X, cutting jobs and remaking its culture.


Supreme Court allows small business registration rule to take effect
Law & Court News | 2025/01/24 09:16
by marathonlegalblog.com

The Supreme Court Revives Corporate Transparency Act, Mandating Small Business Registration. The Supreme Court has reinstated a key provision of the Corporate Transparency Act (CTA), requiring owners of over 32.6 million small businesses to register personal information with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). This act, designed to combat money laundering and the misuse of anonymous shell companies, was previously blocked by a federal judge in Texas and held by the 5th U.S. Circuit Court of Appeals.
[Image credit: Pexel]

Key Details of the Ruling:

  • What is Required: Small business owners must provide personal information, including photo IDs and home addresses, to FinCEN.
  • Purpose: To deter financial crimes and increase transparency in corporate ownership.
  • Legal Challenges: Opposed by Republican-led states, conservative groups, and business associations, the law was initially struck down on grounds that Congress overstepped its authority.

Reactions:

  • Supporters: Labor, environmental, and progressive groups applaud the decision as a win for transparency.
  • Opponents: Business organizations express concerns about compliance challenges and legal uncertainty. The National Small Business Association and Small Business & Entrepreneurship Council have called for clarity and leniency for late filers.

Next Steps:

  • The Supreme Court’s decision allows enforcement to proceed while the Texas case continues.
  • Advocates for repeal, including business leaders, urge Congress to reassess the mandate.

This decision marks a significant step in the federal government’s efforts to curb illicit financial activities, though its future enforcement and impact remain subjects of heated debate.



Appeals court overturns ex-49er Dana Stubblefield’s rape conviction
Law & Court News | 2024/12/26 19:49
A California appeals court has overturned the rape conviction of former San Francisco 49er Dana Stubblefield after determining prosecutors made racially discriminatory statements during the Black man’s trial.

The retired football player was sentenced to 15 years to life in prison in October 2020 after being convicted of raping a developmentally disabled woman in 2015 who prosecutors said he lured to his home with the promise of a babysitting job.

The Sixth Court of Appeals found Wednesday that prosecutors violated the California Racial Justice Act of 2020, a law passed during a summer of protest over the police killing of George Floyd. The measure bars prosecutors from seeking a criminal conviction or imposing a sentence on the basis of race.

Prior to the law, defendants who wanted to challenge their convictions on the basis of racial bias had to prove there was “purposeful discrimination,” a difficult legal standard to meet.

The appeals court said prosecutors used “racially discriminatory language” that required them to overturn Stubblefield’s conviction.

The case was “infected with tremendous error from the minute we started the trial,” said Stubblefield’s lead attorney, Kenneth Rosenfeld.

In April 2015, Stubblefield contacted the then-31-year-old woman on a babysitting website and arranged an interview, prosecutors said.

According to a report by the Morgan Hill Police Department, the interview lasted about 20 minutes. She later received a text from Stubblefield saying he wanted to pay her for her time that day, and she went back to the house.

The woman reported to the police that Stubblefield raped her at gunpoint, then gave her $80 and let her go. DNA evidence matched that of Stubblefield, the report said.

During the trial, prosecutors said police never searched Stubblefield’s house and never introduced a gun into evidence, saying it was because he was famous Black man and it would “open up a storm of controversy,” according to the appellate decision.

By saying Stubblefield’s race was a factor in law enforcement’s decision not to search his house, prosecutors implied the house would’ve been searched and a gun found had Stubblefield not been Black, the appeals court said. The reference to controversy also links Stubblefield to the events after the recent killing of Floyd based on his race.

Defense attorneys said there was no rape, and Stubblefield said the woman consented to sex in exchange for money.

“The trial had a biased judge who didn’t allow the evidence from the defense, the fact that she was a sex worker, to be heard in front of a jury,” Rosenfeld said. He called the incident a “transactional occasion” between Stubblefield and the woman.

He remains in custody until a hearing next week, during which his attorneys will ask a judge to approve a motion to release him. Prosecutors have several options, including asking the court to stay their decision so they can appeal to the state’s Supreme Court, or refile charges.

The Santa Clara District Attorney’s Office said it was “studying the opinion.”

Stubblefield began his 11-year lineman career in the NFL with the 49ers in 1993 as the league’s defensive rookie of the year. He later won the NFL Defensive Player of the Year honors in 1997 before leaving the team to play for Washington. He returned to the Bay Area to finish his career, playing with the 49ers in 2000-01 and the Raiders in 2003.



Amazon workers strike at multiple facilities as Teamsters seek labor contract
Law & Court News | 2024/12/19 06:47
Workers at seven Amazon facilities went on strike Thursday, an effort by the Teamsters to pressure the e-commerce company for a labor agreement during a key shopping period.

The Teamsters say the workers, who authorized strikes in the past few days, are joining the picket line after Amazon ignored a Sunday deadline the union set for contract negotiations. Amazon says it doesn’t expect an impact on its operations during what the union calls the largest strike against the company in U.S. history.

The International Brotherhood of Teamsters say they represent nearly 10,000 workers at 10 Amazon facilities, a small portion of the 1.5 million people Amazon employs in its warehouses and corporate offices.

At one warehouse, located in New York City’s Staten Island borough, thousands of workers who voted for the Amazon Labor Union in 2022 and have since affiliated with the Teamsters. At the other facilities, employees - including many delivery drivers - have unionized with them by demonstrating majority support but without holding government-administered elections.

The strikes happening Thursday are taking place at one Amazon warehouse in San Francisco, California, and six delivery stations in southern California, New York City; Atlanta, Georgia, and Skokie, Illinois, according to the union’s announcement. Amazon workers at the other facilities are “prepared to join,” the union said.

“Amazon is pushing its workers closer to the picket line by failing to show them the respect they have earned,” Teamsters General President Sean M. O’Brien said in a statement.

The Seattle-based online retailer has been seeking to re-do the election that led to the union victory at the warehouse on Staten Island, which the Teamsters now represent. In the process, the company has filed a lawsuit challenging the constitutionality of the National Labor Relations Board.


TikTok asks Supreme Court to temporarily block law that could ban site in U.S.
Law & Court News | 2024/12/15 06:47
TikTok on Monday asked the Supreme Court to step in on an emergency basis to block the federal law that would ban the popular platform in the United States unless its China-based parent company agreed to sell it.

Lawyers for the company and China-based ByteDance urged the justices to step in before the law’s Jan. 19 deadline. A similar plea was filed by content creators who rely on the platform for income and some of TikTok’s more than 170 million users in the U.S.

“A modest delay in enforcing the Act will create breathing room for this Court to conduct an orderly review and the new Administration to evaluate this matter — before this vital channel for Americans to communicate with their fellow citizens and the world is closed,” lawyers for the companies told the Supreme Court.

President-elect Donald Trump, who once supported a ban but then pledged during the campaign to “save TikTok,” said his administration would take a look at the situation.

“As you know, I have a warm spot in my heart for TikTok,” Trump said during a news conference at his Mar-a-Lago club in Florida. His campaign saw the platform as a way to reach younger, less politically engaged voters.

Trump was meeting with TikTok CEO Shou Zi Chew at Mar-a-Lago on Monday, according to two people familiar with the president-elect’s plans who were not authorized to speak publicly about them and spoke to The Associated Press on condition of anonymity.

The companies have said that a shutdown lasting just a month would cause TikTok to lose about a third of its daily users in the U.S. and significant advertising revenue.

The case could attract the court’s interest because it pits free speech rights against the government’s stated aims of protecting national security, while raising novel issues about social media platforms.

The request first goes to Chief Justice John Roberts, who oversees emergency appeals from courts in the nation’s capital. He almost certainly will seek input from all nine justices.

On Friday, a panel of federal judges on the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency plea to block the law, a procedural ruling that allowed the case to move to the Supreme Court.



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