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Border wall: Biden administration asks Supreme Court to put arguments on hold

The Justice Department said Biden has directed a “pause in construction” so that the administration can undertake an assessment “of the legality of the funding and contracting methods used to construct the wall.” The American Civil Liberties Union, Sierra Club and Southern Border Communities Coalition asked the Supreme Court last year to block the construction the wall.
Only hours into his presidency, Biden took an immediate shot at one of his predecessor’s key legacies when he signed a proclamation calling for border wall construction to end. The administration’s filing Monday shows how the Biden Justice Department is moving to bring building to a halt, as it reviews the former administration’s actions.

The Biden administration is also beginning to put lawsuits launched under Trump that were intended to acquire private land for the purpose of border wall construction on hold, according to court filings and attorneys.

In a separate case at the Supreme Court, the Justice Department is asking to suspend oral arguments in a case on the Trump-era policy requiring non-Mexican migrants to remain in Mexico until their next court dates in the United States. The Department of Homeland Security recently stopped enrollments in the program, marking a step toward ending it entirely. That case is scheduled for March 1. Thousands of migrants subject to the policy continue to wait in Mexico in dangerous and deplorable conditions.

Organizations challenging the so-called “Remain in Mexico” policy in the lawsuit include the Innovation Law Lab, along with other immigrant right groups.

The Biden administration is set to reverse scores of Trump administration policies. In the short term, Elizabeth Prelogar, Biden’s acting solicitor general, is expected to play a key role managing a wave of potential reversals concerning issues such as immigration, health care, and religion.

Biden is expected to sign more immigration executive actions Tuesday at the White House.

Border wall land grab efforts dropped

During Trump’s presidency, dozens of lawsuits had been filed to take private land for the purpose of building additional barriers on the border, leaving some landowners to juggle legal challenges and the coronavirus pandemic. But with Biden’s wall executive order, those attempts are now on pause.

In one court document, filed on January 22, the Justice Department asked for a continuance in a land seizure case for “at least 60 days,” citing Biden’s Inauguration Day proclamation that in part directs a review of funds siphoned off for wall construction.

In another case, the Justice Department said that it will be dismissing a motion for immediate possession of land, according to Ricardo de Anda, an attorney for Guillermo Caldera, who lives in Laredo, Texas, and whose property was at risk of being taken.

“We are heartened by the court taking judicial notice of the Executive Order signed by President Biden halting construction of Trump’s border wall, in ordering the government to notify the court and the parties as to whether it intends to proceed with the taking of Texan properties,” de Anda said in a statement. Two other cases are expecting similar motions to be filed, de Anda said.

Ricky Garza, a staff attorney at the Texas Civil Rights Project, a legal advocacy group representing landowners in land seizure cases, told CNN property owners are in a “holding pattern.”

“There’s been movements towards a pause and that’s positive,” Garza said. “What needs to happen now is the administration reviews and dismisses all these cases.”

Democratic Rep. Henry Cuellar of Texas, a critic of Trump’s border wall, said last Thursday that the administration had notified his office that the US Army Corps of Engineers was pausing real estate acquisitions in compliance with Biden’s executive order.

“Today, I received notification that in compliance with President Biden’s executive order, real estate acquisition activities such as surveys and negotiations with landowners have been placed on hold in coordination with the U.S. Army Corps of Engineers,” Cuellar said in a statement.

The Justice Department declined to comment.

The Army Corps of Engineers, which provides direction and oversight of border projects, “has suspended work on all border infrastructure projects for DoD and DHS until further notice,” said Raini Brunson, a spokesperson for the agency.

Dror Ladin, senior staff attorney with the American Civil Liberties Union’s National Security Project, praised the decision to delay the Supreme Court oral arguments, but said more needs to be done.

“It’s a good start that the Biden administration is not rushing to defend Trump’s illegal wall in court, but just hitting the brakes isn’t enough. Trump’s wall devastated border communities, the environment, and tribal sites,” Ladin said. “It’s time for the Biden administration to step up for border communities, and commit to mitigating environmental damage and tearing down the wall.”

Trump sped up lawsuits

The Trump administration accelerated the filing of cases over the last four years in its efforts to build additional barriers on the southern border. At the heart of those cases were landowners, some of whom backed the wall and others who criticized it.

Joseph Hein, a landowner in Laredo whose property was being reviewed to build on, described the last four years as being in a “state of limbo.”

“I was basically at the mercy of them giving me the information that they wanted to give me, and basically the information that they were giving me was nothing,” Hein said, referring to the Army Corps of Engineers and Customs and Border Protection.

Biden’s proclamation ended Trump’s national emergency declaration, which allowed the previous administration to dip into Pentagon funds, and calls for the review of contracts.

The changes to border wall construction made under Biden so far have also prompted questions in ongoing border wall cases. Shortly after the release of Biden’s proclamation, Judge Haywood Gilliam directed the parties in an ongoing wall lawsuit to provide an update by February 16.

CNN’s Ed Lavandera and Ashley Killough contributed to this report.

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Biden Administration News: Live Updates

Credit…Anna Moneymaker for The New York Times

The first full week of the Biden presidency has unfolded with a certain rhythm, with each day putting a spotlight on a new policy theme. President Biden has addressed American manufacturing, racial equity and climate change since Monday.

Thursday is health care day.

In the afternoon, Mr. Biden is scheduled to sign executive actions, including one that will reopen enrollment in many of the Affordable Care Act marketplaces so that Americans without health coverage can sign up — a move intended in part to help those who lost coverage during the coronavirus pandemic.

The themed days are a way the new president and his team draw attention to the White House’s early priorities. And after a campaign in which Republicans sought to portray Mr. Biden as a sedentary figure confined to his basement, the daily appearances — and the flurry of executive orders — show him taking swift action in a variety of areas.

Among the actions slated for Thursday is reinstating global protections for women’s reproductive health care by eliminating the rule that prohibited the granting of American foreign aid to health providers abroad that offer abortion counseling. The Trump administration reinstated this Reagan-era policy, and the Biden administration is reversing it.

On Wednesday, he signed a series of executive actions related to climate change and science, and two top officials working on climate issues, John F. Kerry and Gina McCarthy, appeared at the daily White House briefing to discuss the subject with journalists.

But there are limits to what Mr. Biden can do by himself through executive action, and Thursday’s health care actions are no exception.

The step of reopening Obamacare marketplaces is a small and temporary one in the context of the president’s overall agenda, which calls for bolstering the Affordable Care Act and creating an optional government health plan that consumers can purchase, known as a public option.

To realize his full vision on health care, Mr. Biden will need Congress to take action. And past battles on Capitol Hill — including the failed effort in the first year of President Donald J. Trump’s administration to repeal the Affordable Care Act — have proved just how difficult it can be to pass far-reaching health care legislation.

Eileen Sullivan contributed reporting.

Credit…Amr Alfiky/The New York Times

The Biden administration plans to reopen enrollment in many of the Affordable Care Act marketplaces, both to help those who may have lost health insurance during the pandemic and to offer coverage to those who did not have any and now want it.

The White House announced Thursday that President Biden would sign an executive order describing the administration’s policies on shoring up health insurance coverage.

The so-called special enrollment period is intended to help people who have lost coverage in the past year, but it will be open to those who want health insurance for any reason in the 36 states that use Healthcare.gov. The decision was reported earlier by The Washington Post.

Typically, Americans without a special circumstance can only buy insurance through the Affordable Care Act, also known as Obamacare, during a six-week period in the fall, a restriction meant to encourage people to hold coverage even when they are healthy. The sign-up period for this year’s coverage ended in mid-December, with enrollments only slightly higher than they were last year. But the Trump administration did little to advertise it. The Biden administration plans to have a large marketing campaign to announce the new opportunity and encourage people to enroll in health plans, according to two people familiar with the details.

The insurance industry, which usually supports tight limits on insurance enrollments, is backing the extra enrollment period now. Around 15 million Americans are uninsured and eligible for marketplace coverage, according to a recent analysis from the Kaiser Family Foundation. Most would qualify for some form of financial assistance if they bought such coverage — and about four million could sign up for a high-deductible plan that would cost them nothing in premiums.

“For the four million people who could be getting free coverage who are instead uninsured — that, to me, is screaming out for outreach,” said Cynthia Cox, a vice president at the foundation and an author of the analysis.

It remains unclear how many people lost health insurance last year because of the pandemic, but most working-age Americans receive coverage through their employers, and millions have lost jobs.

Enrollment in Medicaid, the public health insurance program for the poor and disabled, has grown substantially during the pandemic. And consumer advocates say there are also many Americans who were uninsured before but might want coverage now because of the public health crisis. Several states that run their own marketplaces established special enrollment periods last year and reported increased sign-ups.

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The Senate Committee on Banking, Housing and Urban Affairs will consider Cecilia Rouse, President Biden’s nominee to chair the Council of Economic Advisers.CreditCredit…Kriston Jae Bethel for The New York Times

Cecilia Rouse, a Princeton University economist who is President Biden’s pick to lead the White House Council of Economic Advisers, will tell a Senate committee this morning that Congress “must take action” to shore up an economic recovery that has left many Americans behind.

“As deeply distressing as this pandemic and economic fallout have been,” she will say, “it is also an opportunity to rebuild the economy better than it was before — making it work for everyone by increasing the availability of fulfilling jobs and leaving no one vulnerable to falling through the cracks.”

In remarks prepared for delivery at a nomination hearing before the Senate Banking Committee, Ms. Rouse also plans to say that if confirmed, she will make it a priority for the council to gather more detailed data, in order to better see how economic policies are affecting nonwhite Americans in particular.

“Too often economists focus on average outcomes, instead of examining a range of outcomes,” she will say. “As a result, our analyses tell us about average economic growth and the middle of the distribution — but as our economy grows more and more unequal, that analysis fails to capture the experience of the many people who are left behind, particularly people of color.”

Ms. Rouse is a labor economist whose work includes a longtime focus on education and discrimination. If confirmed, she would be the first Black economist ever to chair the council. She previously served as a council member under former President Barack Obama.

Her testimony comes at a precarious moment in the economic recovery from the pandemic and she is likely to face questions about the $1.9 trillion stimulus package that Mr. Biden has proposed to help get the virus under control and aid struggling families and workers.

Data released on Thursday morning showed that the economic recovery stumbled but didn’t collapse at the end of last year and that it could have a strong rebound in 2021 once the virus is arrested. Gross domestic product rose 1 percent in the final three months of 2020, the Commerce Department said Thursday.

Republicans have already expressed skepticism about whether the economy needs a $1.9 trillion jolt given the $900 billion stimulus package that Congress passed in December. But with millions still out of work and the virus not yet under control, many economists say workers and businesses will need more help to make it through.

Credit…Michigan Governors Office, via Associated Press

Gov. Gretchen Whitmer of Michigan opened her annual State of the State speech on Wednesday by pleading with lawmakers to find common ground in fighting the staggering effects of the coronavirus pandemic in the state.

“Based on the political environment this past year, you might think Republicans and Democrats in Lansing can’t find common ground on much of anything,” said Ms. Whitmer, a Democrat. She noted times when there had been bipartisan action in the Capitol. “Let’s tap into that same energy and end the pandemic, revitalize our economy and get our kids back in school.”

But Republicans were having none of it.

Hours before Ms. Whitmer gave her speech, Republicans in the State Senate refused to approve 13 appointments she had proposed for slots in state government, such as the leader of the Children’s Ombudsman Office, the Civil Rights Commission and members of agriculture boards.

Republicans said they had rejected the appointments because Ms. Whitmer was not including them enough in decision-making surrounding restrictions on businesses to stop the spread of Covid-19.

“She has continued to circumvent the Legislature,” said State Senator Aric Nesbitt, a Republican from Lawton. “I understand it’s not easy to compromise and try to work with 148 members of this Legislature. We have to use every tool available to compromise, and one of those tools is to not support her appointments.”

Republicans in the State House of Representatives followed suit, offering a Covid-19 relief plan that would withhold $2.1 billion in federal funding meant to help schools cope with the pandemic until Ms. Whitmer relinquished her authority to shut down in-person learning and sports during a health crisis. That power would shift to local health departments under the Republican plan.

The public — and pointed — rejections of the governor’s appointments and authority come as Ms. Whitmer is preparing to run for re-election in 2022. No top-tier Republican has come forward to challenge her.

Forced to speak remotely instead of in front of both chambers of the Legislature because of pandemic protocols, Ms. Whitmer offered plans to fix roads, provide extra hazard pay to teachers and allocate state resources to help residents who have lost their jobs during the pandemic find employment.

But it was the coronavirus, which has infected more than 600,000 Michigan residents and killed more than 15,000 since it was first reported in the state in March, that dominated her address.

Ms. Whitmer said she planned to start a statewide tour to encourage Michiganders, Republicans and Democrats alike, to try and find common ground as the state emerges from the pandemic. The tour is designed “to focus on what unites us, improve how we talk to each other,” she said. “My mission is to find common ground so we can emerge from this crisis stronger than ever.”

NEWS ANALYSIS

Credit…Anna Moneymaker for The New York Times

President Biden has moved swiftly in his first days to start carrying out his agenda, signing executive orders and outlining new actions. But his most significant move may in fact be a reaffirmation of an old stance: that the Senate should protect the filibuster, the 60-vote threshold that has for years stymied expansive legislation, including on issues he now seeks to address.

Progressive grumbling over the filibuster rose this week after Senator Mitch McConnell of Kentucky, the minority leader, initially refused to agree to basic operating rules for the chamber unless Democrats agreed to maintain the procedural tactic. But it remained just a grumble, reflecting progressives’ desire to avoid intraparty warfare early in Mr. Biden’s term and their belief, shared more widely in Washington, that his hand may eventually be forced.

“We have to recognize that the Senate has fundamentally changed from the time President Biden served,” said Senator Edward J. Markey of Massachusetts, a progressive who has endorsed eliminating the filibuster. “And it’s made it impossible to move forward on big issues.”

Whatever the liberal wing of the party may want, eliminating the filibuster requires the support of the entire Democratic caucus. And several moderate senators, like Joe Manchin III of West Virginia, remain staunchly in favor of keeping it.

Some progressives believe that Mr. Manchin and others may change their minds if Republicans obstruct the Democratic agenda. For their part, some moderates argue that the threat of eliminating the filibuster could force Republicans into legislative compromise. The minority party has often used the filibuster to thwart signature items of the majority party, and some Democrats fear that, without it, they would be powerless to stop Republicans the next time they control the Senate.

Mr. Biden’s commitment to keeping the Senate filibuster harks back to the policy debates that animated the Democratic presidential primary.

The logic was informed by years of congressional gridlock under former President Barack Obama and the magnitude of challenges facing the country: Big problems need big solutions, they argued, and the filibuster was a blockade to progress.

With the Senate split 50-50 between Democrats and Republicans, that could empower Mr. McConnell and a small cadre of moderate voices to block nearly any piece of legislation. It could doom Mr. Biden to the same fate as his Democratic presidential predecessor, who blamed Republican obstructionism for blocking a more robust liberal agenda.

Mr. Markey said he was confident that if Mr. Biden began to experience the same fate, he would come around.

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US takes aim at China territorial claims as Biden vows to back Japan | Biden administration

Joe Biden has vowed to strengthen the US’s alliance with Japan to counter growing Chinese military activity in the volatile Asia-Pacific region, including a commitment to defend the Senkakus, a group of islands in the East China sea administered by Tokyo but claimed by Beijing.

The US president and Prime Minister Yoshihide Suga agreed during a phone call that their countries’ security alliance was “the cornerstone of peace and prosperity in a free and open Indo-Pacific”.

Biden’s vow to strengthen security arrangements in the region contrasted with the approach taken by Donald Trump, who publicly mulled withdrawing troops from Japan and South Korea, both key US allies.

Trump also complained that Tokyo and Seoul were not paying enough towards their own security and called on them to buy more US-made defence equipment.

“We managed to have substantial exchanges,” Suga said after his 30-minute call with Biden. “We agreed to strengthen our alliance firmly by having more phone calls like this.”

Biden reaffirmed the US commitment to provide “extended deterrence” to Japan, a reference to the US nuclear umbrella, the White House said in a statement.

They also agreed on the need for the complete denuclearisation of the Korean peninsula, as speculation mounts over how Biden intends to engage with the North Korean leader, Kim Jong-un, over his nuclear and ballistic missile programmes.

Japan is particularly concerned about frequent incursions by Chinese vessels into waters near the Senkaku islands, which are known as the Diaoyu in China.

Biden’s “unwavering commitment” to defending the Senkakus was expected, but has taken on extra significance, coming a week after Beijing passed legislation authorising coast guard vessels to use weapons against foreign ships deemed to be involved in illegal activities around the uninhabited island chain.

The two did not discuss the Tokyo 2020 Olympics, whose future is in doubt as the world continues to battle the Covid-19 pandemic, officials said.

Suga’s predecessor, Shinzo Abe, established a rapport with Trump during rounds of golf in Japan and the US, and was the first world leader to meet him after his 2016 election victory.

Suga said he hoped to “deepen my personal relationship with President Biden”, adding that he planned to visit Washington as soon as the coronavirus pandemic allowed.

Media reports in Japan said the two leaders had agreed to call each other Joe and Yoshi.

Biden’s secretary of state, Antony Blinken, had earlier told the Philippine foreign minister, Teodoro Locsin, that the US rejected China’s maritime claims in the South China Sea beyond what is permitted under international law.

Blinken said Washington stood with the Philippines and other south-east Asian countries resisting pressure from Beijing, which has laid claim to wide areas of the South China Sea.

“Secretary Blinken pledged to stand with south-east Asian claimants in the face of PRC [People’s Republic of China] pressure,” the state department said in a statement.

China claims almost all of the energy-rich South China Sea, which is also a major trade route. The Philippines, Brunei, Vietnam, Malaysia and Taiwan have overlapping claims.

The US has accused China of taking advantage of the distraction created by the coronavirus pandemic to advance its presence in the South China Sea.

Blinken, who joined Biden’s administration this week, “underscored that the United States rejects China’s maritime claims in the South China Sea to the extent they exceed the maritime zones that China is permitted to claim under international law”, the statement said.

US-China relations deteriorated under Trump over a host of issues, including trade, the pandemic, Beijing’s crackdown on the Hong Kong democracy movement and its persecution of Uighur Muslims.

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Biden administration pushes forward with two state solution with Israel, Palestine

President Biden has taken steps to reverse Trump-era policies in the Middle East by throwing the administration’s support behind finding a two-state solution between Israel and Palestine.

In a virtual speech to the United Nations Security Council Tuesday, acting U.S. ambassador to the United Nations Richard Mills said the one-week old administration supports a “viable Palestinian state,” but will “maintain its steadfast support for Israel” – signaling the delicate balance they will try to juggle.

ISRAEL TEMPORARILY BANS ALL INTERNATIONAL FLIGHTS IN RESPONSE TO NEW COVID-19 STRAINS

The Trump administration closed the Palestine Liberation Organization office in Washington, D.C., froze all federal contributions to the U.N. Relief and Works Agency – which provides support for Palestinian refugees, and moved the U.S. embassy from Tel Aviv to Jerusalem, a sticking point for Palestinians who also view Jerusalem as a holy city that should be in Palestine.   

But the former Secretary of State Mike Pompeo also helped draw up a peace proposal that allowed Israel to maintain their control in the West Bank, which the United Nations has deemed an illegal occupation since 1967.

Mills recognized the challenge that lies ahead for the Biden administration as they attempt bridge a divide that has yet to be accomplished since Israel’s inception in 1948.

But the acting U.S. ambassador also said that the Biden administration believes “the best way to ensure Israel’s future as a democratic and Jewish state,” is by securing their relationship with Palestine.

BIDEN HAS FIRST CALL AS PRESIDENT WITH PUTIN, ADDRESSES NUKES AND ELECTION INTERFERENCE

He also applauded the diplomatic ties that the Trump administration forged between Israel and several Middle Eastern nations, including the United Arab Emirates, Bahrain, Sudan and Morocco.

Though while these accomplishments will likely be attributed as one of Trump’s greatest successes as president, Palestine sees these normalized relationships as a betrayal from Arab nations.

“We hope it will be possible to start working to slowly build confidence on both sides to create an environment in which we might once again be able to help advance a solution,” Mills said Tuesday.

Mills told the 15-body panel that the U.S. does not seek to reverse Trump-era polices merely to appease the Palestinian government, but for security in the region.

 “We do not do these steps as a favor to the Palestinian leadership,” Mills said. “U.S. assistance benefits millions of ordinary Palestinians and helps to preserve a stable environment that benefits both Palestinians and Israelis.”

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The acting ambassador also told the UN panel that they will attempt to continue to normalize ties between the Jewish state and surrounding Arab nations, but noted it is “not substitute for Israeli-Palestinian peace.”

Despite the Biden administration’s clear intent to reverse most Trump-era policies in how the U.S. works with Israel, Mills did not say they U.S. would remove the U.S. embassy from Jerusalem.

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Harriet Tubman $20 Bill Redesign to be Accelerated by Biden Administration

President Biden’s Treasury Department is studying ways to speed up the process of adding Harriet Tubman’s portrait to the front of the $20 bill after the Trump administration allowed the Obama-era initiative to lapse, Jen Psaki, the White House press secretary, said on Monday.

The decision to have Ms. Tubman replace Andrew Jackson as the face of the $20 note was set in motion in 2016 by the Treasury secretary at the time, Jacob Lew. President Donald J. Trump opposed the idea, and his Treasury secretary, Steven Mnuchin, stopped work on that part of the currency redesign, arguing that adding new security features to the money was a more urgent priority. Mr. Mnuchin said that notes with new imagery could not be put into circulation until 2028 and that a future Treasury secretary would make the call whether to replace Jackson.

The Treasury Department, which Mr. Biden has nominated Janet L. Yellen to lead, plans to accelerate that timeline.

“The Treasury Department is taking steps to resume efforts to put Harriet Tubman on the front of the new $20 notes,” Ms. Psaki said. “It’s important that our money reflect the history and diversity of our country.”

Mr. Trump professed to be a fan Andrew Jackson, a fellow populist, and was a fierce opponent of altering historical images and statues.

Mr. Mnuchin’s decision to slow-walk the change drew backlash from some Democrats in Congress and triggered a probe from the Treasury inspector general about whether the process faced improper political interference. The inquiry found no wrongdoing by Mr. Mnuchin.

Under Mr. Lew’s plan, the new design was supposed to be unveiled in 2020 on the centennial of the 19th Amendment, which granted women the right to vote.

Preliminary designs of the note that were obtained by The New York Times revealed that —before Mr. Trump took office — conceptual work on a bill bearing Tubman’s likeness on the front and a statue of Jackson on the back was already underway.

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Welcome to the Biden administration, home to the new slogan, ‘America Last’

National Review

Tulsi Gabbard: Domestic-Terrorism Bill Is ‘a Targeting of Almost Half of the Country’

Tulsi Gabbard, the former Democratic representative from Hawaii, on Friday expressed concern that a proposed measure to combat domestic terrorism could be used to undermine civil liberties. Gabbard’s comments came during an appearance on Fox News Primetime when host Brian Kilmeade asked her if she was “surprised they’re pushing forward with this extra surveillance on would-be domestic terror.” “It’s so dangerous as you guys have been talking about, this is an issue that all Democrats, Republicans, independents, Libertarians should be extremely concerned about, especially because we don’t have to guess about where this goes or how this ends,” Gabbard said. She continued: “When you have people like former CIA Director John Brennan openly talking about how he’s spoken with or heard from appointees and nominees in the Biden administration who are already starting to look across our country for these types of movements similar to the insurgencies they’ve seen overseas, that in his words, he says make up this unholy alliance of religious extremists, racists, bigots, he lists a few others and at the end, even libertarians.” She said her concern lies in how officials will define the characteristics they are searching for in potential threats. “What characteristics are we looking for as we are building this profile of a potential extremist, what are we talking about? Religious extremists, are we talking about Christians, evangelical Christians, what is a religious extremist? Is it somebody who is pro-life? Where do you take this?” Gabbard said. She said the proposed legislation could create “a very dangerous undermining of our civil liberties, our freedoms in our Constitution, and a targeting of almost half of the country.” “You start looking at obviously, have to be a white person, obviously likely male, libertarians, anyone who loves freedom, liberty, maybe has an American flag outside their house, or people who, you know, attended a Trump rally,” Gabbard said. The Domestic Terrorism Prevention Act of 2021 was introduced in the House earlier this week in the aftermath of rioting at the U.S. Capitol earlier this month that left five dead. “Unlike after 9/11, the threat that reared its ugly head on January 6th is from domestic terror groups and extremists, often racially-motivated violent individuals,” Representative Brad Schneider (D., Ill.) said in a statement announcing the bipartisan legislation. “America must be vigilant to combat those radicalized to violence, and the Domestic Terrorism Prevention Act gives our government the tools to identify, monitor and thwart their illegal activities. Combatting the threat of domestic terrorism and white supremacy is not a Democratic or Republican issue, not left versus right or urban versus rural. Domestic Terrorism is an American issue, a serious threat the we can and must address together,” he said.

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Biden administration faces mounting pressure to address SolarWinds breach

The computer intrusion campaign that has been linked to Russia has hit multiple federal agencies and the private sector, raising concerns about the security of corporate secrets, government emails and other sensitive data. The Trump administration formally pointed the finger at Russia earlier this month after revelations surfaced in December that hackers had put malicious code into a tool published by SolarWinds, a software vendor used by countless government agencies and Fortune 500 businesses.

As Biden officials assume responsibility for investigating the hack campaign, members of Congress, former federal officials and new evidence unearthed by Microsoft this week have added renewed urgency to the search for answers.

“This SolarWinds massive breach concerns all of us, and frankly, is not that surprising, given what we have been finding, which is that the federal government is not well prepared to deal with these kinds of breaches,” Sen. Rob Portman, Republican of Ohio, said at a hearing this week.

In a letter Friday to congressional leaders, Kevin McAleenan, the former acting secretary of the Department of Homeland Security, said it is imperative that Biden’s nominee to lead the department, Alejandro Mayorkas, be swiftly confirmed. The SolarWinds incident, McAleenan wrote, underscores “the growing need for a renewed focus on our nation’s cybersecurity, and in particular the security of our supply chain. In the wake of the SolarWinds breach, DHS needs dedicated and confirmed leadership to work in concert with other government agencies to address this issue immediately — and to ensure we are prepared for potential future attempts.”
The day after Biden was sworn in, a congressional commission on cybersecurity sent a 15-point list of priorities and policy recommendations to the White House, including steps to prevent another government breach.
And Microsoft’s report on Wednesday further highlighted the sophistication of the attackers, estimating that they may have spent an entire month selecting their targets and developing custom code designed to stealthily compromise each victim. SolarWinds was just one mechanism that the adversary used to gain access to networks, an official from the Cybersecurity and Infrastructure Security Agency said to CNN, emphasizing that other techniques were used to gain access to networks and compromise information as part of long term “intelligence gathering effort.”

Amid growing pressure, the Biden administration is still trying to get up to speed. Efforts by Biden staffers to understand the full extent of the breach were hamstrung before taking office, according to one former senior Homeland Security official.

“There is a concern that things could be worse,” the former official told CNN.

Meanwhile, there are indications that officials have only scratched the surface of the scope and scale, a source familiar with the probe said.

Speaking to reporters Wednesday, White House press secretary Jen Psaki said the administration would “reserve the right to respond at a time and manner of our choosing to any cyberattack,” but that staffers were only “just getting onto their computers.” She declined to answer a question about whether Biden intended to raise the spying issue with Russian President Vladimir Putin.

The computer break-ins will be one focus of a forthcoming presidential briefing by the intelligence community, Psaki added.

When former President Donald Trump finally weighed in on the massive cyberattack in a pair of tweets in December, instead of condemning the attack — or Russia — he downplayed it, criticized the media and baselessly claimed it could have affected US voting machines.
Biden appears willing to grapple with the espionage effort head-on.

“President Biden seems to understand the urgency of this crisis in a way that President Trump did not,” said Sen. Mark Warner of Virginia, the top Democrat on the Senate Intelligence Committee. “And in his first days, (he) is moving with fitting speed to investigate it, so that we can take steps to remediate its effects, respond appropriately to Russia, and best determine how to deter and prevent attempts of this kind in the future.”

But while there is little disagreement among US officials that the intrusion was severe, opinions about a potential response, and what that would look like, vary.

A US official told CNN that the evidence currently suggests the hack still qualifies as a highly sophisticated foreign intelligence operation and falls short of an act of cyber warfare — a nuanced distinction that will factor into any discussions about reasonable response options.

But that said, there will almost certainly be a cost imposed for this activity, the official added, noting there is a price to be paid for getting caught, even if the attack technically falls within the lines of foreign espionage.

“In all likelihood,” the attack was cyber espionage, former Homeland Security acting Secretary Chad Wolf told CNN. At the time he left office earlier this month — amid an abrupt resignation — the attackers had not taken any action because of their access into these networks, he said.

Gen. Keith Alexander, the former director of the National Security Agency, told CNN that Biden has a range of policy options available to him.

“There are ways you can respond by indicting individuals and by diplomatic and economic measures, which they should do,” Alexander said, “but any response in cyber in the physical space would probably develop into a bigger attack on us, and we’re not prepared to defend against that. The nation is not ready for a cyber engagement of that kind.”

Alexander added that Congress must pass legislation to enable the public and private sectors to share threat information more easily, and to provide legal immunity to companies that share that data.

Biden’s response could also be complicated by a shortage of senior personnel. Biden’s first confirmed Cabinet pick — Avril Haines, the director of national intelligence — acknowledged earlier this week she had not yet received a classified briefing on the hack, underscoring concerns that she and other top Biden officials may already be behind the eight ball due to a difficult transition process.
Though she was sworn in Thursday and indicated that the hack was a top priority, other top intelligence and homeland security positions remain vacant.

“I’ve never seen this level of vacancy. It’s mind boggling, really challenges continuity,” said a DHS official who pointed to CISA as an example of the Trump administration’s leadership disarray. “We will have challenges in replacing some talent.”

Earlier this week, GOP Sen. Josh Hawley blocked quick consideration of Biden’s Homeland Security nominee, leaving the third-largest federal department without confirmed leadership. CISA has been led by career official Brandon Wales since Trump fired Chris Krebs shortly after the election.

Rob Silvers, a partner at the law firm Paul Hastings, is expected to be tapped to lead CISA in the Biden administration, according to a source familiar with the situation. He served as assistant secretary for cyber policy at DHS during the Obama administration, as well as in other senior roles at the department. Silvers did not respond to a request for comment.

“The biggest problem is that you don’t have a confirmed secretary,” the former senior DHS official told CNN. “That really sets the tone and the trajectory of the ability to start getting things done.”

During his Senate confirmation hearing Tuesday, Mayorkas said he was intensely studying the SolarWinds attack as a private citizen. If confirmed, he promised to conduct a thorough review of two CISA cybersecurity programs — Continuous Diagnostics and Mitigation (CDM) and EINSTEIN — to understand if they are sufficient to stop a threat such as SolarWinds, and if not, to explore additional defenses for the federal government.

Wales said CISA “actively engaged with the transition team,” including providing 14 briefings focused on the ongoing cyber incident. “We’re committed to seamlessly integrating new members of the Biden Administration into the Agency, while continuing aggressive efforts to understand and respond to this complex cyber campaign,” he said in a statement to CNN Friday.

Given the length of time that the adversary has had access to some networks, remediation — both short term and long term rebuilding — will be a protracted process, a CISA official told CNN.

CISA already provided ideas to the Biden team to help evolve federal cybersecurity and overcome the challenges identified by the latest incident. Suggestions, the official said, include: funding for CISA to hunt for adversary activity on federal networks; the deployment of new sensors inside federal agencies to detect anomalous activity; and improvements to visibility of the cloud environment, like Office 365.

Officials are also considering creating a civilian program akin to the Pentagon model that helps ensure third party partners are meeting cybersecurity standards, but that would be a longer term endeavor, the official said.

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