“Trump’s rule held that if two good investments graded equally on likely risks and potential returns, ESG factors could serve as a tiebreaker, but, like the vice president’s vote in the Senate, should have no deciding force absent a deadlock.”
…
“”The Biden Rule, like the Trump Rule, confirms the permissibility of ESG investing in pursuit of improved risk-adjusted returns in accordance with prudent investor principles without mandating such an investment strategy,” argue Northwestern’s Max M. Schanzenbach and Harvard’s Robert H. Sitkoff. “ERISA fiduciaries who did not use ESG factors prior to 2022 should feel no greater urgency to begin doing so now. And ERISA fiduciaries who are investing for collateral benefits continue to run the same fiduciary risk as before.””
…
“Nevertheless, politicians—the president among them—have exaggerated the new rule’s immediate policy impact. “It simply states that if fiduciaries wish to consider ESG factors—and if their methods are shown to be prudent—they are free to do so.””
“Manhattan prosecutors allege that Trump concealed hush money payments by falsely labeling related transactions as legal expenses and by arranging for a tabloid publisher to bottle up the story of a woman who said she had a sexual relationship with Trump.
In doing so, the prosecutors say, Trump repeatedly violated a New York corporate record-keeping law and agreed to break campaign finance laws.”
…
“The charge at the heart of the case — falsifying business records — can amount to only a misdemeanor, but it becomes a felony if the defendant falsified the records to obscure a separate crime.
The most obvious candidate for that aggravating element is the admission from Trump’s former lawyer, Michael Cohen, that he arranged a $130,000 payment to porn star Stormy Daniels in consultation with Trump and to aid Trump’s 2016 presidential campaign.
“The defendant Donald J. Trump repeatedly and fraudulently falsified New York business records to conceal criminal conduct that hid damaging information from the voting public during the 2016 presidential election,” the statement of facts says.
“The participants [in the scheme] violated election laws,” the statement continues, though it does not explicitly cite which ones. The statement also mentions Cohen’s guilty plea in 2018 to two federal campaign finance crimes. And in a press release, Bragg said Trump and others sought to conceal “attempts to violate state and federal election laws.”
The references to federal election violations are virtually certain to be the focus of pre-trial motions from Trump’s attorneys, who have contended publicly that this state-law offense cannot be piggybacked on a federal-law crime.
If defense attorneys prevail on such motions, it would not necessarily wipe out the criminal case against Trump. Instead, the case could remain as 34 misdemeanor charges. That would amount to a legal, public relations and political victory for Trump.
Such a result would further diminish the chances of Trump being jailed if found guilty. The maximum sentence on a second-degree falsifying business records charge is up to one year in prison on each count. A downgrading of the case to a misdemeanor might also aid Trump’s efforts to delay a trial.”
…
“For Trump to be convicted of falsifying business records, the records at issue have to be, well, business records.
The New York law at issue requires that the falsification involve the records of “an enterprise,” and each count of the indictment claims that Trump falsified records “kept and maintained by the Trump Organization.”
The facts are more complicated. It’s true that the checks sent to Cohen, which labeled the payments as legal expenses, were issued by employees working for Trump’s business empire. But they were not charged to Trump’s businesses. Instead, the payments were made from one of Trump’s personal accounts or from a Trump family trust.
The key question, and one that is sure to feature in efforts by Trump’s lawyers to derail the case, is whether documents that happened to pass through the Trump Organization or handled by Trump Organization personnel are automatically classified as business records, even if the source of the funds was Trump’s personal accounts.”
…
“Legal experts said they expect Trump’s lawyers to argue to the judge and, if necessary, a jury that wholly personal expenses that are simply handled by an accountant or other clerical personnel don’t become the “records of an enterprise” just by virtue of that process.”
“The members of the church, also known as the Mayflower Church, were granted refugee status by the U.N. agency after their arrival in Thailand last year. They say they faced unbearable harassment in China and are seeking asylum in the United States.”
…
“Human Rights Watch issued a statement on Saturday urging the Thai government not to deport the group due to “the grave dangers facing Christians back in China.”
In its annual report last year, the United States Commission on International Religious Freedom said the Chinese Communist Party requires religious groups to support its rule and political objectives, including by altering their religious teachings to conform with the party’s ideology and policy. “Both registered and unregistered religious groups and individuals who run afoul of the CCP face harassment, detention, arrest, imprisonment, and other abuses,” the commission said.”
“There is nothing inherently illegal about paying someone not to disclose a purported affair. But Trump is being accused of illegally plotting to falsify business records in an effort to hide the payment. Under New York law, that crime on its own is a misdemeanor, but it can be bumped up to a felony charge punishable by up to four years in prison if records were falsified with the specific intent to commit or cover up another crime. The indictment released Tuesday doesn’t specify what that second crime may be, but there are indications that Bragg may attempt to connect the payments to campaign finance violations or tax fraud.”
…
“there’s generally broad agreement that Bragg appears to have ample evidence to secure conviction on the misdemeanor counts of falsifying business records. There’s serious disagreement, however, on the most important issue: Will Bragg be able to successfully tie those minor violations to a secondary crime?
Skeptics from both sides of the political spectrum say the felony portion of the case is built on shaky and untested legal reasoning that will require ironclad evidence to prove — evidence many believe Bragg likely doesn’t have. There are also major technical issues that could derail the indictment, most notably the untested question of whether a federal crime like a campaign finance violation can count as a secondary crime under New York’s state-level business records law. Some doubters add that the strength of Bragg’s case is irrelevant if the trial isn’t completed in time for the 2024 election, a prospect they say is extremely unlikely.
But others argue that the case isn’t nearly as weak as skeptics make it out to be. They say Bragg and his team, who have jurisdiction over the beating heart of the U.S. financial system, are incredibly adept at litigating complex financial issues such as this one. The lack of details about how Bragg plans to connect critical dots in the case, they add, is a sign that the district attorney is merely saving his most potent ammunition for later, not that he doesn’t have it.
Finally, some legal commentators say the indictment is so short on details and the circumstances so unprecedented that it’s impossible at this early stage to make any real judgments about how the case might play out.”
https://www.yahoo.com/news/israeli-strikes-syria-intensify-raise-060321593.html
“Secretary of State Antony Blinken wants to reschedule his date with China. Beijing is giving him the cold shoulder.
The Biden administration called off Blinken’s planned trip to Beijing in February after a Chinese spy balloon traversed U.S. skies, but has since been trying to restart high-level talks. That includes rescheduling the Blinken visit, and setting up other trips by top U.S. officials and a phone call between President Joe Biden and Chinese leader Xi Jinping, a current U.S. official and a former State Department official said.
But China is rebuffing the U.S. efforts”
…
“China also is pressing back particularly hard on the proposals for a Xi-Biden call.”
“Left-leaning Janet Protasiewicz won resoundingly in her bid for the Wisconsin Supreme Court, despite being labeled “No Jail Janet” by her opponents. Democrats noted that her opponent, Dan Kelly, was connected to a plan to reverse the 2020 election results.
Similarly, Brandon Johnson, a Chicago union organizer, was hammered by his rival for previously leaning into the “defund the police” movement. But he stressed that his opponent Paul Vallas was not actually a Democrat, forcing him to repeatedly defend his credentials.
Both Protasiewicz and Johnson prevailed.”
“Upping the cost of applying for legal status while increasing the paperwork burden is apt to deprive the U.S. of talented foreigners.”
“Investigative journalists have tried hard to find evidence that TikTok is leaking data to Chinese authorities, but to no avail.
“I haven’t found any evidence” of “the company handing over data to Chinese authorities, or security risks associated with its connection to the Chinese state,” writes Chris Stokel-Walker—who has done ample critical reporting about the company—at Buzzfeed this week:
I’ve been trying for years to find any links to the Chinese state. I’ve spoken to scores of TikTok employees, past and present, in pursuit of such a connection. But I haven’t discovered it….””
…
“TikTok adamantly denies allegations about data sharing with the Chinese government. “TikTok has never shared, or received a request to share, U.S. user data with the Chinese government,” said its CEO in prepared testimony released ahead of today’s House hearing. “Nor would TikTok honor such a request if one were ever made.”
“Let me state this unequivocally: ByteDance is not an agent of China or any other country,” the testimony continues. “Bans are only appropriate when there are no alternatives. But we do have an alternative.”
The company has been cooperating with U.S. regulators to develop protocols around user data that will help mollify security and privacy concerns. “TikTok has formed a special-purpose subsidiary, TikTok U.S. Data Security (USDS), that currently has nearly 1,500 full-time employees and contracted with Oracle to store TikTok’s U.S. user data,” notes Reuters. According to Chew’s testimony, “Oracle has already begun inspecting TikTok’s source code and will have unprecedented access to the related algorithms and data models.””